No joining letter
Avinash Kumar
(Querist) 30 July 2016
This query is : Resolved
I am working in a private company. The company has not given me joining letter. What is its legal effect? What shall i do in such case.
Please tell me.
Thank you.
Kumar Doab
(Expert) 30 July 2016
What exactly do you intend to get: offer letter, joining letter, appointment letter?
Whats is this establishment; Commercial, Industrial?
You are in which state?
Since how long you are working?
Guest
(Expert) 30 July 2016
Have you joined the company without getting any document from the company. If so, on what basis you joined?
Rajendra K Goyal
(Expert) 30 July 2016
Are you marking your attendance?
Have you received any pay and pay slip?
Have other workers received any appointment letter?
Whether employer is a company or other firm?
How many staff working in the concern?
Have you discussed the fact with the management?
Kumar Doab
(Expert) 30 July 2016
You may reply pointwise to all points.
Avinash Kumar
(Querist) 31 July 2016
Yes, I am making my attendance.
Yes, I received salary in cash.
No, other workers also not received appointment letter.
Employer is a company.
About 80 persons are working in the concern.
No.
It is a commercial concern and i have not received any document regarding my appointment from the company.
The concern is situated in Uttar Pradesh. I have been working for two months.
Kumar Doab
(Expert) 31 July 2016
As an employee you must be aware of the enactments that apply to establishment and you (Employee).
Commercial Establishments in UP are covered by:
Up Shops and Establishment Act
and relevant rules framed under it i.e; Up Shops and Establishment Rules
Or as termed locally:
Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962
Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1963
UP labor Deptt; website is:
http://uplabour.gov.in/LC/DynamicPages/StateActs.aspx
The admin of the website has removed the Act and Rules from the website.
I had attached the earlier version in some old threads and you can download Act/Rules and pick up relevant points from, thread at:
http://www.lawyersclubindia.com/forum/Notice-period-102337.asp
Kumar Doab
(Expert) 31 July 2016
Some points are:
Under Section 3, a list of employees shall be displayed at a conspicuous place in the shop or commercial establishment and a copy thereof shall be sent to the Inspector concerned.
30. Under Section 32, every employer a. Employing up to ten employees shall also maintain a register in respect of attendance and payment of wages, deductions and leave facilities in form ‘CC’. b. Employing employees exceeding ten but not exceeding 25 shall maintain the register of attendance and wages in form ‘G’ and also maintain a register of leave in form ‘H’. c. Employing employees exceeding 25 shall be required to maintain a register of attendance and wages in form ‘G’, a register of leave in form ‘H’, and a register of deductions from wages in form ‘D’.
Kumar Doab
(Expert) 31 July 2016
The employees in many states agitated and later the Govt. inserted sections making it mandatory to issue appointment letter e.g;
Sec;6A in Karnataka Shops and Establishment Act
Many states had sections on it e.g;
Delhi Shops and Establishment Act
Kumar Doab
(Expert) 31 July 2016
There are many other enactments to which employer has to comply:
The ( Name of State) Payment of Wages (Procedure) Rules, 1965
The Payment of Wages Act; Sec: 13A.
Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from
their wages, the receipts given by them and such other particulars and
in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
http://www.ilo.org/dyn/travail/docs/625/Payment%20of%20Wages%20Act%201936.pdf
Kumar Doab
(Expert) 31 July 2016
Employer should supply salary slip atleast a day before date of payment of wages.
THE MINIMUM WAGES (CENTRAL) RULES, 1950 : 26 (2,3,4,)
http://www.ilo.org/dyn/travail/docs/624/Minimum%20Wages%20(Central)%20Rules%201950.pdf
Kumar Doab
(Expert) 31 July 2016
Employee should get from employer PF a/c slips
Kumar Doab
(Expert) 31 July 2016
Eligible employee should get ESIC card
Kumar Doab
(Expert) 31 July 2016
Form16 should be supplied.
Dispute under ID Act can be lodged.
Rajendra K Goyal
(Expert) 31 July 2016
Adequately advised by the expert Kumar Doab, can be benefited.
