Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
2 weeks ago
Company A has hire me on Cntrat to hire C2H role for Company B.
My payroll company is Company A.
Now I have put down my papers 10 days back in Company A. Till now I have not received my LWD (last working day) from Company A.
They are saying it is dependent on Company B.
Now only 5 days left in notice period under Company A.
As per offer letter of Company A it is mentioned that notice is of 15 days, no where it is mentioned that LWD is dependent on Company B and until LWD is provided by Company B, they can't release me.
Now I will relocate to a different city and join a new company called Company C on 6th May.
Please share ideas on what can an employee do in this situation.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
When you are on the payroll of Company6 A and your offer letter issued by Company A does not bear any condition alike, you can tender your resignation by giving 15 days' notice, and on the expiry of the notice period, the Company A is duty-bound to issue you a relieving letter and disburse your F & F settlement dues. If Company A denies/refuses or withholds your relieving letter or F & F dues, that will amount to unfair labour practices on their part. In the given scenario, you just serve a legal notice to your Company demanding the issue of a relieving letter and for disbursement of F & F settlement dues receivable on your resignation. In case the matter is not resolved, then file a complaint against Company A before the State Labour Commissioner over alleged unfair labour practices for redressal of your grievand provided you are a workman as defined under Sec.2(s) of the I D Act. Additionally, you need to file an application under Sec:33C(2) of the Industrial Dispute Act, 1947 before the State Govt. Labour Court for recovery of entire dues receivable from the Company on resignation. In case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court for appropriate relief. In case you need our expert services in the matter of drafting the complaint or raising a dispute under the I D Act before the Industrial Tribunal / Labour Court/Civil Court, you may contact our legal team with the relevant papers.to navigate the issue in the right way.
Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then you can send a legal notice to your employer for breach of contract- employee employer contract
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