Employee obligations
Chavvi
(Querist) 03 December 2017
This query is : Resolved
After completing my professional qualifications, I gave a number of interviews. One of the company sent me an email containing an offer of employment in the form of a PDF document. In my reply I acknowledged the fact of having received the mail and requested them to change the date of joining as it was incorrect.
Next, I went to their office and executed the Confidentiality Agreement and handed over to them the copies of my ID proofs. I have rendered my services there for seven working days. Despite my repeated requests, they have not provided me any written contract of employment and or offer/appointment letter executed by them/their authorised signatory. So naturally, I have also not signed any of those documents.
Against the general practice of disbursing the salaries at month end, I did not receive my salary.
I got an offer from another organisation. I accepted the offer and I am planning to join them.
I offered to resign from my previous employment because of which I was harassed at the workplace and threatened with dire consequences even though I offered to serve the 15 days notice period required to be served during probation period as per the PDF received on email.
I have decided not to serve the notice period due to the hostile environment, uncertainty of salary payment and unethical behaviour from my previous employer.
I am sure that no written documents except for the confidentiality agreements have been signed by either party in the previous employment.
Can I claim my dues for the period I have rendered my services. What is the legal recourse available to me? Can you please inform me about the legal consequences I may have to face.
Thanks for your valuable suggestions
EDITS :
I don't know if it is a long and very expensive route to recover my rightful dues.
My real problem is that I was threatened with dire consequences when I expressed my intention to leave and I am not aware what actions they can take against me.
It is an IT company and I am a finance,accounts and tax expert and my position in the organisation was that of a fresher.
P. Venu
(Expert) 04 December 2017
What is your issue - joining the new organisation or getting the salary from the previous organisation?
Guest
(Expert) 04 December 2017
Description of the problem seems to be somewhat mysterious. As per your statement, you "went to their office and executed the Confidentiality Agreement," BUT STILL YOU CLAIM that "I have also not signed any of those documents."
Further, if within one week you have been so capable to sense harassment, you seems to be of sensitive in nature to the extreme extent. Also, if you start resigning week after week of your joining, do you feel that you can become a regular employee on any job in any organization? You have to understand this aspect that a candidate is recruited to fulfill the need of the company, not the company gets recruited to fulfill the need of candidates.
Please make sure that no company prefers to spend huge money in the process of recruitment of such type of candidates who come and go treating the organizations just as inn, transit camp or dharmashala to be used for their rest and comfort.
What I understand, you have the dire need to sufficiently adapt yourself by converting your sensitivity in to sensibility.
Guest
(Expert) 04 December 2017
Ms. Chavvi,
You served the company for one week and asked for legal recourse to claim salary for the 7 days of your service, as you stated, "Can I claim my dues for the period I have rendered my services. What is the legal recourse available to me?"
Don't your feel that just with this very requirement, the whole of your description took the shape of just a hypothetical story, when you propose to take a very long and expensive route of legal proceedings just to recover salary of merely 7 days?
By the way, what was the rate of monthly salary offered to you by the company?
If not an academic query, better discuss the reality of your problem, not just try to exaggerate the issue.
Kumar Doab
(Expert) 04 December 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, payment of FnF wages, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Kumar Doab
(Expert) 04 December 2017
It might be necessary to issue appointment letter in your case.
The notice period/pay of 15days may not be necessarily applicable in your case.
Do you have any evidence of threats of dire consequences, hostile environment?
If you have submitted notice of resignation/resignation under proper acknowledgment or say by email you have the option to write on the same email trail, to good offices of appointing authority, MD, CEO, regarding the inclination to serve notice period of 15days and issues posted by you and being unable to attend the office…..and request to supply the docs and payouts as suggested above. Remain gentle and amiable.
You have full right of claim earned wages for each day of your work.
Employer and IT's attorneys are also to observe decorum and behave properly at workplace.
If IT doesn't IT is unworthy of being employed with.
The hostile environment and verbal threats may be to deter you to come to office and declare you absenting/absconding/abstaining and allege misconduct and terminate and/or claim losses and square off the dues….put you in dilemma/dump you..
Do you have the copy of said Confidentiality Agreement?
Don’t violate the T&C of the agreement.
Avoid concealing the employment with this establishment in your next job applications/affidavits
Guest
(Expert) 04 December 2017
Ms. Chavvi would be justified to ask Mr. Kumar Doab (a fake name), a fake expert with a fake ID, suspected terrorist of hardened criminal, for what specific purpose he has asked such a huge personal as well as organization's information, if it is not his ill intention to persuade the disgruntled employees for the purpose of recruitment for and on behalf of the terrorists groups.
