Dear all
wish you all happy 68th independence day.
If an employee is employed in shops & commercial establishment, the perticular State shop Act prescribes the period of notice by the employee and employer For example The Punjab Shops & Commercial Establishment Act 1958 ,
Section 22(1) No employee shall be removed from service unless and untill one month's previous notice or pay in lieu of notice thereof has been given to him:
provided that :-
(a). No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record ;
(b). no employee shall be entitled to one month's notice or pay in lieu of notice and until he has been in the service of the employers continuously for a period of three months.
Section 23 provides Notice by employee -(1) No employee who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer seven days [thirty days in Haryana] previous noticeor pay in lieu thereof
(2) Where an employee contravens the provisions of sub-section (1) , his employer may forfeit his unpaid wages for period not exceeding seven days [thirty days in Haryana].
Section 30 of the Delhi Shops & Establishment
(1) No employee shall be removed from service unless and untill one month's previous notice or pay in lieu of notice thereof has been given to him:
provided that :-
(a). No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record ;
(2) No employee who has put in 3months continuous service shall terminate his employment unless he has given to his employer a notice of one month , in writing . In case he fails , he will be released from his employment on payment of an amount equal to one month's notice.
If you are employed in a factory under factories Act, or any industrial establishments where certified standing order are applicable. or Shop and establshishment , the State shop Act provisions will be applicable.
Since you have mentioned that your salary was transferred to bank , please obtain the proof of the salary transfer , from the bank this will be a documentray evidence to prove that you were employed with yor employer. Second you have given a notice in writing, if it is by Regd post/Speed Post/Coureir or through E-mail these will work as documentary evidence. Then you can drag him into litigation.
You can file complaint with the labour officer of your area who after giving notice to the employer investigate the matter.
You can make a complaint to EPFO/RPFC/APFC , SRO ESI also .
Thanks & Regards
RL Dhingra , Advocate, Delhi
Labour Law Consultant,
09818309937
E-mail [Login to view]
wish you all happy 68th independence day.
If an employee is employed in shops & commercial establishment, the perticular State shop Act prescribes the period of notice by the employee and employer For example The Punjab Shops & Commercial Establishment Act 1958 ,
Section 22(1) No employee shall be removed from service unless and untill one month's previous notice or pay in lieu of notice thereof has been given to him:
provided that :-
(a). No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record ;
(b). no employee shall be entitled to one month's notice or pay in lieu of notice and until he has been in the service of the employers continuously for a period of three months.
Section 23 provides Notice by employee -(1) No employee who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer seven days [thirty days in Haryana] previous noticeor pay in lieu thereof
(2) Where an employee contravens the provisions of sub-section (1) , his employer may forfeit his unpaid wages for period not exceeding seven days [thirty days in Haryana].
Section 30 of the Delhi Shops & Establishment
(1) No employee shall be removed from service unless and untill one month's previous notice or pay in lieu of notice thereof has been given to him:
provided that :-
(a). No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record ;
(2) No employee who has put in 3months continuous service shall terminate his employment unless he has given to his employer a notice of one month , in writing . In case he fails , he will be released from his employment on payment of an amount equal to one month's notice.
If you are employed in a factory under factories Act, or any industrial establishments where certified standing order are applicable. or Shop and establshishment , the State shop Act provisions will be applicable.
Since you have mentioned that your salary was transferred to bank , please obtain the proof of the salary transfer , from the bank this will be a documentray evidence to prove that you were employed with yor employer. Second you have given a notice in writing, if it is by Regd post/Speed Post/Coureir or through E-mail these will work as documentary evidence. Then you can drag him into litigation.
You can file complaint with the labour officer of your area who after giving notice to the employer investigate the matter.
You can make a complaint to EPFO/RPFC/APFC , SRO ESI also .
Thanks & Regards
RL Dhingra , Advocate, Delhi
Labour Law Consultant,
09818309937
E-mail [Login to view]