Legal Question in Employment Law in India

hello i am swapnali.. m 23 year old mba student... m working as wel studying.. as financial problem .. and I am only earning member in my famly as my dad is retired my brother is studying ... so from last 2 years m working with a xyz bank.. but not on payroll.. it is a third party payroll... recently I got new job vid gud package.. before trying for new job I asked my consultancy company about notice period they told me 7 days is our notic period... so I inform my new compny dat I vil joine yu within 12 days... nd I put my resignation mail to my manager in bank.. he said 7 days not possible .. extent some days.. so I contact to my consultancy company dey said our notic period is 30 days sumone give yu wrong information... so I discussed vid my new compny about extension... nd I again put resignations mail to bank with 15 days notic period... den my manager says vil not relieve yu, yu need to hand over yur work to someone ... I said ok I vil training to the new person ... den they was lyk v r not getting anyone so yu arrng sum person for yur plac after dat v vil relieve yu.. otherwise yu vil not get yur experience letter nd april months salary ... I put my regisnation on 22nd april nd my last day vil be 6th...

so vot vil I do if they put my salary on ..

my salary amount is 13500 nd salary date is 7th

pls help or advice me 13500 is big amount for me


Asked on 4/30/15, 7:36 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.04.2015

Dear Swapnali,

Since you are on the third party payroll i.e on the payroll of the Direct Selling Agent (DSA) who has deputed you to work in the Bank, and if the DSA has issued your Appointment Letter, and if your salary too is paid to you by the DSA, legally speaking, you are not under any obligation of the Bank Manager where you have been assigned to work since the past two years. You should strictly abide by the notice period as stated in the terms and conditions of your Appointment Letter. Just in case you do not have an Appointment Letter, or you do have one but it is silent on the "notice period", minimum 7 days notice is sufficient. The consultancy or the Bank Manager verbally telling you to serve a notice period of 7, 15 or 30 days or to work till you fetch them an alternative replacement is merely to try and "bully" or mislead you, maybe with the intention of leaving you in the lurch ... neither here nor there ...meaning in Hindi "na ghar ka na ghaat ka". You have rightly firmed up the dates in your resignation letter. You will have to be paid salary by the entity that has issued your Appointment Letter till your last working date in the Bank. Your Service Certificate (experience letter) too will have to be issued by the entity that has issued your Appointment Letter, be the third party consultancy, and will read as :

"To Whomsoever It May Concern - This is to certify that Ms Swapnali (Full Name)_________ D/o ________ (Father's Name) was employed with our Company from _______ (starting date) till 06.__.20___ (last date) as _____________________ (Designation). During this period, Swapnali was assigned duties at the Office of our client ___________ (Name of the Bank) to handle ___________ (Brief Job Definition). Swapnali is very diligent in her work. Her Gross Annual Salary was Rs. _______________. Swapnali leaves the Company for having secured a better opportunity, and we have no hesitation in recommending her to any of her future employer(s) and we wish her the best in all her endeavors."

Regards,

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Answered on 4/30/15, 8:24 am


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