Shan 16 July 2018

Business | legal | employee issue

Hi All,

I really needed help with this. I am working for a company based in Chennai for the past 3 years. The company is not listed. Two years before they started the new business and all the initial expenses around 14 lacs had been transferred to my account for setting up new business. The business went well at certain times and they started suffered the loss. There were around 25 people working. After starting the business I was asked to move to another project for 3 months. I don't what had happened actually. But the company has not maintained the clear accounts on that. Finally, at the end of closing the business, they told me I am responsible for the loss of the business as I am the one who is taking care of business and asked me to pay INR 4 lac. As my family was struggling on those days financially and I am in need of job madly and I accepted to pay the cash to them. They got the signature in 20 rupees bond stating that I got a loan from them for INR 4 lac rupees. Last one and half years they started deducting my salary every month and almost I paid INR 1.10 Lac to them. They are not providing any ESI and PF for us. Not even payslips for us. I am unable to take any loans. There is not even Salary account for us and they are crediting Salary to the personal account. Now I got a very good opportunity which will turn up my career in the ladder. Now I am planning to quit my company and I am serving notice period. They are not even paying the salary for this month. I am planning to go abroad. Will that create a problem for me, Please help me with this? I am completely depressed about this. Can they fill a case against me on this?

1. What are the steps required to take to sort it out?

2. They got my certificates and what to do to get my certificates back.

The answer for this will really help me out and this will not happen to any other person further.

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 16 July 2018

You can report to the labour commissioner at your offfice location.

Kumar Doab (FIN) 17 July 2018

While posting such queries employee should post basic information!

What is this establishment; Govt, private, 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, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Kumar Doab (FIN) 17 July 2018

PF; If your salary/wages are within wage ceiling for PF you should be eligible and establishment should have covered you.

ESIC; If your salary/wages are within wage ceiling for ESIC you should be eligible and establishment should have covered you.

Salary slip; Pursue the appointment letter, standing orders,

Payment of Wages Act;13A, Min. wages central Rules;26(3,4)

Shops & Estbs Act and Rules in the state

Otherwise ideally employer should provide salary slip.

Original certificates; must not be kept and retained as some collateral.

Did employer ask to submit the originals in writing and provided any acknowledgment?

Have you signed any such declaration?

Have you asked to return the originals?

The employee must not agree to accept company’s money in personal account. Were you authorized signatory to use funds?

The employee must maintain full details and records and with pucca bills.

The employee must handover properly before leaving/joining. You have grossly erred here. Although you have mentioned you are not aware what has happened but you have not posted if you indeed caused any loss.

Did company transfer the said Rs.4lacs as loan to you before, upon, later you signed on said Bond?

Approach, preferably alongwith elders of your family, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and share full facts honestly for a considered opinion.

Your counsel can advise you in person in detail and legal recourse

and/or you may realize that have tied your hands with establishment and ask them to give back originals and agree to continue to pay as usual..

or any other option that is given to you.