Hi,
I am a bit confused regarding notice period's applicability clause for a person who has never been issued any appointment letter and T&C not signed by him.
As per shops and establishment act, a person who has served for more than 3 months is required to serve at least a month's notice period or a month's salary in lieu of it.
Will this clause, as mentioned in S&E act, be applicable on that person who has not been issued appointment letter?
I believe, this will be applicable irrespective of appointment letter issued and T&C signed by the employee. Signed T&C would help the management to take the action according to that T&C. In absence of such thing, S&E act notice period clause will be taken into consideration to deal with that employee.
Please suggest some solution for this. In case my assumption is wrong, kindly get me a link/clause solving this query.
From India, Delhi
23I am a bit confused regarding notice period's applicability clause for a person who has never been issued any appointment letter and T&C not signed by him.
As per shops and establishment act, a person who has served for more than 3 months is required to serve at least a month's notice period or a month's salary in lieu of it.
Will this clause, as mentioned in S&E act, be applicable on that person who has not been issued appointment letter?
I believe, this will be applicable irrespective of appointment letter issued and T&C signed by the employee. Signed T&C would help the management to take the action according to that T&C. In absence of such thing, S&E act notice period clause will be taken into consideration to deal with that employee.
Please suggest some solution for this. In case my assumption is wrong, kindly get me a link/clause solving this query.
From India, Delhi
pl comment...............................................................................................
From India, Delhi
From India, Delhi
As per Delhi shop and commercial act the issue of appointment letter is also must please sec 15.
Although, you are correct that as per the Act one month notice must be given by the concerned employee who put more than 3 months service and in the absence of the same employer can deduct an amount equal to the one month wages. See sec. 30(2)
In the absence of the appointment letter the employee can make a dispute otherwise you are right.
pkjain
From India, Delhi
Although, you are correct that as per the Act one month notice must be given by the concerned employee who put more than 3 months service and in the absence of the same employer can deduct an amount equal to the one month wages. See sec. 30(2)
In the absence of the appointment letter the employee can make a dispute otherwise you are right.
pkjain
From India, Delhi
Thanks Mr Jain for answering my query. Pl also state, in case appointment letter not issued and company is deducting notice amount.. what could be the consequences on same? . .
From India, Delhi
From India, Delhi
There is no need to speak about what shops and establishment act says or not if employee has not accepted any appointment letter as stated by you.
It is very simple and self explanatory but if employee has signed or has accepted the employment terms and conditions but never cared to read them properly while at the joining time.
Second, every state has his own terms and conditions /Shop & Establishment Act and Notice period terms also varies according to company/industry and their policies
Coming back to your main question, if employe has never accepted employment terms/ not signed any appointment/joining letter, not a single employment condition can bother him/her in this regard but this would certainly be a surprise on how one can be working until sign/accept employment formally.
There is something wrong or been left in your query. And if you wanna know more about Notice Period, you are just away a click.. Go use "RESEARCH" option and get numbers of discussion under this topic that will help you to understand this and get you your answers appropriately with your questions
Please let us more.
From India, Gurgaon
It is very simple and self explanatory but if employee has signed or has accepted the employment terms and conditions but never cared to read them properly while at the joining time.
Second, every state has his own terms and conditions /Shop & Establishment Act and Notice period terms also varies according to company/industry and their policies
Coming back to your main question, if employe has never accepted employment terms/ not signed any appointment/joining letter, not a single employment condition can bother him/her in this regard but this would certainly be a surprise on how one can be working until sign/accept employment formally.
There is something wrong or been left in your query. And if you wanna know more about Notice Period, you are just away a click.. Go use "RESEARCH" option and get numbers of discussion under this topic that will help you to understand this and get you your answers appropriately with your questions
Please let us more.
From India, Gurgaon
Hi Vishal,
I completely go with Mr. Arora. What is the career length of that particular employee in your organization? I believe that he should be more than 3 months old, in your organization. However just want to know why was the employment documentation not processed. Surprised even the employee didn't opt for. I strongly feel that your question is not framed completely.
From India, Bangalore
I completely go with Mr. Arora. What is the career length of that particular employee in your organization? I believe that he should be more than 3 months old, in your organization. However just want to know why was the employment documentation not processed. Surprised even the employee didn't opt for. I strongly feel that your question is not framed completely.
From India, Bangalore
Nice to get inputs from such intellectual people in my post. Would like to tell that HR deptt has recently been set up in the company. That's the reason, initially company did not follow proper procees for handling its employees.
Since one of the employees resigned lately and was asking for his dues without serving notice period, this query came in my mind. Though, we have waived off his notice amount and have done his F&F.
I feel i got the answer now. In absence of signed T&C, it'll be difficult to deal with an employee,specifically at the time of seperation.
From India, Delhi
Since one of the employees resigned lately and was asking for his dues without serving notice period, this query came in my mind. Though, we have waived off his notice amount and have done his F&F.
I feel i got the answer now. In absence of signed T&C, it'll be difficult to deal with an employee,specifically at the time of seperation.
From India, Delhi
Dear Mr. Vishal
This is a settled position of law that if any privilege or any condition imposed by law that will prevail even if it has not been incorporated in the contract. Therefore, in my opinion even there is no appointment letter the employee is bound to serve one month notice to the employer before leaving the services, as per law and/or the employer may deduct one month salary in lieu of that if there is no notice.
pkjain
From India, Delhi
This is a settled position of law that if any privilege or any condition imposed by law that will prevail even if it has not been incorporated in the contract. Therefore, in my opinion even there is no appointment letter the employee is bound to serve one month notice to the employer before leaving the services, as per law and/or the employer may deduct one month salary in lieu of that if there is no notice.
pkjain
From India, Delhi
Mr. Jain,
Though, it seems ok. But assume that appointment letter not issued, and at the time of leaving the company, company deduct notice amount when notice not served. And at this, employee approaches labor court, then management might be questioned why they have not been issuing appointment letter. It'll be violation of law. Then company would be punished appropriately. So, I feel, better to waive off notice amount instead of facing such situation before court.
From India, Delhi
Though, it seems ok. But assume that appointment letter not issued, and at the time of leaving the company, company deduct notice amount when notice not served. And at this, employee approaches labor court, then management might be questioned why they have not been issuing appointment letter. It'll be violation of law. Then company would be punished appropriately. So, I feel, better to waive off notice amount instead of facing such situation before court.
From India, Delhi
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