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vicky   28 December 2017

Working in a unregistered company is our fault???

i'm vignesh, from tamil nadu, i have been working in a domestic concern about 1.5 year from jul 2016 to dec 2017, issues is the company didnt gave me appointment order for my joining, also not giving SALARY SLIP / PAY SLIP, now i planned to switch over to another concern, so for that i asked experience certificate, salary slip and appointment order from my current concern, but the MD saying that i cannot give salary slip and i can give only experience certificate alone, in this case to join new company needs salary slip from my old concern, my old company is not registered to government, MD saying that i cannot give salary slip and appointment order and all, in my old company i dont have PF or gratitude or any mode of record with the company other than hand written attandance, what can i do sir.  please give me an suggestion. 



Learning

 8 Replies

Kumar Doab (FIN)     28 December 2017

1st thing 1st; Take the Experience Certificate and ask to narrate, atleast;

- the salary (preferably with break up  e.g; (Basic+DA), etc and avoid debate if IT doesn’t agree)

-Designation, nature of duties

-Location

-Good conduct, performance

-DO, LWD

-employee resigned vide resignation dated… and has been accepted on dated…

-good wishes for future endeavors

-affix seal and signature

If IT does not agree on all as above or anything else you want, let IT handover as drafted by IT on IT’s letterhead with (IT’s seal and) signature.

Once you have got the Experience Certificate everything else can be proceeded with.

 

Kumar Doab (FIN)     28 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?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is monthly salary with break up?

How the salary was paid; in Cash, by cheque, in bank a/c ( salary a/c attested by employer or in personal a/c)? Was any cash voucher signed by you; if yes was any copy provided to you?

 

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……………?

 

While some of the points are responded by you in your 1st post, rest may be posted pointwise.

Don’t mention names and/or post or attach anything containing names/email id’s/phone numbers/address/logo etc to maintain confidentiality.

Kumar Doab (FIN)     28 December 2017

 

PF; If the Act applies by virtue of no. of employees in establishment and wage ceiling, the employer has to cover the employees and deduct Employee’s Contribution and add Employer’s Contribution and deposit with EPFO. Visit PRO/APFC in nearest/jurisdictional PF office and clear your doubts and lodge your grievances, under proper acknowledgment. The employee’s/Trade unions can also guide and help you.

 

Gratuity; If the Act applies by virtue of no. of employees in establishment (There is NO wage ceiling for IT and all employees be it Workman or Non Workman are covered), the employer has to cover the employees and cannot deduct anything from wages of employee and if the notifications by state govt is issued has to arrange for mandatory insurance e.g; Maharashtra.

Visit Inspector/ Controlling Authority (State/Central as per Appropriate Govt; say ALC)   in nearest/jurisdictional Labor office and clear your doubts and lodge your grievances, under proper acknowledgment. The employee’s/Trade unions can also guide and help you.

Kumar Doab (FIN)     28 December 2017

 

Salary Slip: Refer Payment of Wages Act; Sec13A . This Act does not discriminate between Workman and Non Workman. All employees as per def. of wages and wage ceiling are covered. The employer has to provide wage slip atleast a day before the fixed payday and should be signed by both employer and employee. The employer has to keep and maintain record for 3years. The employee has to lodge complaint in 1year from LWD or delay may have to be condoned. The employee’s/Trade unions can also guide and help you.

 

Min. Wages Central Rules; 26(3,4). The employer has to provide wage slip. The employee’s/Trade unions can also guide and help you.

 

Kumar Doab (FIN)     28 December 2017

GO thru the notifications from O/o Labor Commissioner and check if employees from your trade and your designation/nature of duties are covered. The state of Kerala has covered employees from IT (Information Technology) sector. IT sector is covered under State Shops & Estbs Act and establishments covered under Kerala State Shops & Estbs Act are under purview of Standing Orders ( Model /Certified).

Check for the same in your state. The employee’s/Trade unions can also guide and help you.

Kumar Doab (FIN)     28 December 2017

 

 

Go thru; Tamilnadu Shops & Estbs Act and Tamilnadu Shops & Estbs Rules.

The establishment has to submit various registers prescribed under  Tamilnadu Shops & Estbs Rules in your state including Forms/registers describing DOJ-LWD, attendance, salary, Work Hours, OT etc paid to employee. The employee’s/Trade unions can also guide and help you.

 

You may try to obtain the certified copies from Inspectorate or pursue RTI route.

The employees in your state have also formed employee’s union and are embraced by Trade unions and they can also guide and help you.

In your state for years employers and IT’s attorney’s mislead employees that they can form unions, which was false and employee’s union/embraced by Trade unions agitated and in courts have decided the matter. Labor Authorities have issued clarification that there is NO bar and employees that employees can form unions and employees have formed unions and are embraced by Trade unions. The employee’s/Trade unions can also guide and help you.

Kumar Doab (FIN)     28 December 2017

 

You can approach as PIP (Part in Person), thru Unions/Union leaders can represent you and/or a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters and having a successful track record;

 

-Inspector appointed under Tamilnadu Shops & Estbs Act, if you are covered by the def. of ‘Employee’ as in the Act.

-O/o Labor Commissioner (State/Central as per Appropriate Govt; say ALC)   if you are covered by def. of ‘Workman’ as in ID Act

- Inspector appointed under Payment of Wages  Act, if you are covered by the def. of ‘Wages’/Wage Ceiling as in the Act.

Min Wages if you are covered by the Act.

 -Grievance Redressal Committee if notified by state govt (as in Karnataka).

-Works Committee if formed in establishment ( that is an authority as per ID Act)

-Civil Courts if you are not covered by the def. of ‘Employee’ as in the Tamilnadu Shops & Estbs Act, by def. of ‘Workman’ as in ID Act. Civil Courts have decided such matters and have laid that ‘Relieving Letter’ is to be issued to the employee(s). 

Kumar Doab (FIN)     28 December 2017

 

Many such queries have  been discussed at LCI that you can search in

-Search Option in Forum/Experts

-Articles

 

I shall be sending you a few links and you can pick up relevant points.


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