Till yet I have not received any guideline from your end though I have mailed on 11.11.2018&12.11.2018 to know the formalities about Notice pay for a part time employee.
Once again on 13.11.2018 at about 11.55 I am giving you following details for early reply: Joined in Building Owner's Association as an "Accountant(Part-time)since 01.09.2014 till 15.09.2018.In this respect please give a brief solution whether a Part time employee are eligible to get compensation like notice pay for one month or not.
Dear B Das
Your query does not provide adequate information. Notice pay on what account ? upon your resignation or upon termination ?
Have you been issued an appointment letter, what are the terms of appointment?
Shailesh Parikh
99 98 97 10 65
Dear Das,
If the said "Building Owners' Association" is an association of resident owners of apartments, normally, no labor law would be applicable other than the Payment of Gratuity Act,1972, that too if the said Association is registered under the Societies Registration Act and have/had 10 employees on roll.
In such a situation the answer to your query has to be searched out from your contract of employment only.
After retrenchment of 10 staff just in September'2018, presently total strength of employee is only 6 persons during the month of November'2018.
Your queries whether the Association is Building Owners' Association" is an association of resident owners of apartments registered in Registered of Companies, filing an annual return.
Regarding myself, I just give you the following information to explain my queries in respect of either notice pay/gratuity.
i) Joined in the month of 1.9.2014 as a"Part-time Accountant" and terminated verbally on 08.11.2018 that they are outsourcing someone who will look after the accounts and other related from 16.11.2018.
ii)My appointment was through advertisement in the daily newspaper in "August '14.
iii) Schedule of my duties was thrice in a week for 2 hours, sometimes it goes to 4 days also.
iv)Previous retrench employees who are served there as per gratuity act they have received the gratuity.
I hope the above information will suit you for the future reference.
Thanking you,
With regards,
Buddha deb Das
Dear Das,
It will depend upon terms and conditions of your appointment letter.
Col.Suresh Rathi
Dear Sir,
At the time of appointment, they are not issuing any appointment letter.
Thanking you,
Buddha deb Das
Dear Mr.Shailesh Parikh,
In response to your queries, I like to inform you that I am associated with an "Apartment owners' Association since 01.09.2014 as a "Part-time Accountant" working there thrice in a week and on 08.11.2018 they verbally told that they outsourcing someone in my place. I have no bad remarks in such association till date.
Before that, some full-time employees who are also associated with them but changed and outsourcing some other people's in their place. Association also provides them 1 month Bonus and gratuity who are completed 5 years.
In this respect, I am also victimized as I have not completed 5 years. Now my demand is either gratuity /notice pay for December '2018 as I am released from December'2018.
Ongoing through the matter please advice me can I claim for gratuity/notice pay for 1month or 1 month Bonus.
Please reply at the earliest before leaving the association.
Thanking you,
With regards,
Buddha deb Das
Mr.Parikh
As per telephonic discussion with you on today, i.e.17.11.2018 right about 1.55 P.M. and in continuation of previous mail regarding adequate information like whether it is under shop and establishment or not. Neither it is an establishment nor registered in shop and establishment, it is purely an Apartment Owners' Association.No appointment letter issued at the time of joining, it is their practice. But they advertisement in a daily English Newspaper and they selected me after making an interview.
Besides above, the proof of-of employee of such Association is i)Salary payment through either Bank transaction. Before the monetization - salary payment was made in cash. ii)Another proof was all mail was forwarded to other owner's by me mentioning my name with the designation.
Thanks,
Buddha deb Das
email id:bdas2641954@gmail.com
Kind attention to Mr ShaileshParikh,
Have any case law those who are terminated but not completed 5 years eligible to get gratuity? Can he claim notice pay for December '2018 as he will be released from December'2018 onwards? The Association neither under SHOP AND ESTABLISHMENT ACT NOR AN ESTABLISHMENT.
Your early reply in this respect is highly solicited.
Thanks,
Buddha deb Das
email:bdas2641954@gmail.com
9007265499
Kind attention to Mr ShaileshParikh,
Once again I am forwarding this to know about have any case law those who are terminated but not completed 5 years eligible to get gratuity? Can he claim notice pay for December '2018 as he will be released from December'2018 onwards? The Association neither under SHOP AND ESTABLISHMENT ACT NOR AN ESTABLISHMENT.
Your early reply in this respect is highly solicited.
Thanks,
Buddha deb Das
email:bdas2641954@gmail.com
9007265499
18th November 2018 From India, Kolkata
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