kemp.kfa
Hi All, I was working in retail store as store manager for almost 10years. now recently the management has taken over the company(only managing retail operation) and they wanted remove old staffs and replace with new people. I didnt like the way they were treating the staffs and manager and i myself resigned in sept\'13 with out any notice. they have deducted my one month whole salary citing that i have not given notice. I have said them that since i didnt get any appointment letter so i wont come under this condition. and also they said iam not entitled to get benefit like gratuity or any other compensations. in reliving letter they have mentioned that i have worked from 2004 to 2103 and i was drawing specified amount as my monthly salary. this letter is enough to take legal action against my employer? and what other benefits i suppose to get from my previous company.
Pls advice...

From India, Bangalore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Couvery
Consultant
+1 Other

couvery
183

Well, didn't you ever asked for the appointment letter, and how you joined the company without knowing the terms and conditions and without getting an appointment letter.
However, you may consult with the labour officer of your area regarding this.

From India, Lucknow
Madhu.T.K
3815

Appointment order is something which is required to regulate the conditions of service and the relationship between the employee and the employer. But that does not mean that nobody shall be employed without an appointment order because a contract need not necessarily be in writing but an oral contract is also a valid contract. What makes a written one superior is that it is an evidence or something that can be referred to in case of any dispute.

In an employment contract, though appointment order serves to be a vital document, what is more important is the presence of signature in the attendance register, wage register etc.

Regarding notice pay, unless otherwise provided, any contract of employment is terminable without any notice from the side of employees. It is true that inorder to terminate an employee, the employer has to give notice as provided in the Industrial Disputes Act, but no way shall the employee be asked to give notice. Therefore, having been employed without any conditions of service/ appointment order, the act of deducting one month pay is illegal.

If the establishment had at any point of time employed 10 persons the Payment of Gratuity Act will automatically comes into operation. The employer cannot say that we are not under the purview of Gratuity Act. For deciding the amount of gratuity, the length of service is an important factor. Therefore, you should have some documentary evidence to show that your date of joining. The relieving letter now given can be taken as an evidence. But if the date of joining mentioned in the relieving letter is a date later than the date of actual joining you will have to find out some other document, like attendance register, wage register in which you had put your signature.

Since you have been employed in a Managerial capacity, you cannot get any protection from the Labour Department/ Labour Officer and get your notice pay deduction paid back but you can approach the appropriate authority under the Payment of Gratuity Act (same Labour Department only) and put a claim for gratuity.

Regards,

Madhu.T.K

From India, Kannur

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