Unregistered company holding my salary.

 

 

 

Were you fired in writing? Did you record the calls? You should have!

 

Did you submit sick leave intimation in writing?

 

 

 

You should have narrated in writing (under proper acknowledgment) to good offices of appointing authority/MD……………….that on dated……………………you informed sickness by phone (mention numbers/ date/time) /email etc to Mr/Ms…………………….and requested for sick leave on …………..days……………..and instead you were called by Mr/Ms………………designation/dept…………name of company……….address by phone (mention numbers/ date/time) /email etc and he/she stated that you are fired for asking for sick leave of ………days and that you don’t have to come to office with immediate effect…………….and that no opportunity of hearing was granted to you. You can narrate what happened later also…………………..regarding ………..salary and documents on hold……………….and that some business law is being claimed that empowers to hold your salary and relieving documents………………e.g. Service certificate, Relieving letter, correct FnF statement (showing computation of termination notice pay,leave encashment, bonus etc ) Form16 as per correct FnF statement, NOC/NDC, salary slips of all months,PF number with a/c slips of all years,ESIC card etc……………………..

This is imp. To record and build evidence and write or company may level false allegations and claim that you are willfully absconding/absenting/absenting and deny all dues/documents.

 

 

 

 

Was any FnF statement showing adjustment of notice pay, computation/credit of…………. unpaid wages, Bonus, Leave encashment, reimbursements, etc was provided to you?

Did you accept Fnf statement in writing?

 

 

1.  How do you state that company is unregistered? Each company has to register to start its business. Such companies are covered by (Name of the state) Shops and establishments Act and (Name of the state) Shops and establishments Rules.

 

2. Are you a member of Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc?

If not why? You should become a member and then it shall be easy to defend yourself from exploitation by unscrupulous employers.

 

What is this establishment: Commercial, Industrial? What is its line of business: banking IT etc?

 

 

 

3. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?

 

 

4. What was your salary: Basic,DA……..etc and total.

 

5. Was any salary slip, PF number and a/c slip of each year, ESIC card,Form16 issued to you?

 

 

6. You are in which state?

 

7. Redg. Office of the company is in which state?

 

8. How many persons are employed in it?

 

 

 

 

 

 

 

You may reply pointwise to each point!

 

Sir, I informed them on email and I have full conversation with me. They are a company of 4 people and they themselves have told me that they are not registered. They change their office every year in New Delhi and hire new people so that they don't have to pay more salary according to experience. They are a Sales IT company who make VOIP calls to Australia and UK for SEO services and receive payment through PayPal. They are running their office in residential are by paying rent. Those 4 people are permanent in their company and any other person who joins is just exploited and fired after sometime due to no particular strong reasons. The owner of the company uses abusive language in the office. I have not attended office after that day because they asked me to resign and they are not giving my salary on time.

The IT/ITeS/BPO/KPO/software have united/formed unions in many states and have also affiliated with trade Unions like CITU/INTUC/AITUC/BMS etc…………….

 

The perfect solution to the miseries of employees lies in uniting.

 

The united employees shall be well informed and can defend their interest from unscrupulous employers………………….and can negotiate the service conditions.

 

 

Are you aware that:

 

---- employee’s can form ‘Works Committee’ and that is an authority as per:

THE INDUSTRIAL DISPUTES ACT, 1947: CHAPTER II: AUTHORITIES UNDER THIS ACT: 3. Works Committee.

 

and it has to have equal number of members from employees side…………and President is from employees side

 

----Many states e.g. Karnataka has made it mandatory for all companies to form GRC (Grievance Redressal committee) in each company and it has to have equal number of members from employees side…………

 

 

1. The Union Leaders can help you to get all pending dues and documents. Don't leave any payment and any document. The document that you should get has already been explained.You may check with your counsel.

 

2. IT/ITeS/BPO/KPO in Delhi are covered by Delhi Shops and Commercial Establishments Act.

You may go thru:

Delhi Shops and Commercial Establishments Act; Sec:2,30,37

 

and approach Inspector appointed under this Act. One of the duties of the Inspector is to ensure that all dues and documents to separated employee are provided.

Since you are terminated you are eligible for notice pay/compensation.

The termination Order is bad and should be called back.

 

3. YOU can approach: Inspector under Payment of Wages Act, RPFC for PF,Inspector ESIC , ITO_TDS for Form16 etc....