You may show the original job advertisement, interview call letter, selection letter (and confirm did the company declare that employee has to sign a lawyer ……
You may check and confirm that if this is FTC (Fixed Term Contract) for 2 years or contract), offer letter, appointment letter, training schedule, contract etc, to a competent and experienced labor consultant/service regular employment?
You have posted that:
----“I am not attending any such classes. I was made to sit with some product presentations and no extraordinary skill is gained by me by this except some knowledge on product.” “As of training is concerned I am sitting in office itself and just read through products for first 15 days. “
The company is not providing any training, thru any Instt. or professional experts. Hence there is no reason and any ground for … keeping original certificates as collateral etc…..
You need to collect and build proof that no training was ever provided and 3 months training period was eye wash. Only s statement by you that no training was ever provided may not become evidence/proof.
If company has not provided any day wise calendar of training to you, you may submit date wise for each day, daily reports mentioning you did self study with product literature, on computer etc………
----“And on 1st april we are given a target of 5 lakhs for this quarter. “
Although the training period is mentioned as 3 months after 15 days self study you are assigned target for this quarter (implying for whole of 3 months which is otherwise for training) like a regular employee and you will be working on your won/assisting the company and seniors for achievement of targets, and fetching revenue and profits for the company.
You are working as a regular employee, and not as trainee.
It is the duty and obligation of company to provide training on products processes to employee without any cost to employee.
Obtain a written proof that company has assigned target to you.
-----“ They are giving me stipend of Rs 14000 fro which 900 rupees is deducted as a part of ESI.’
They are showing remuneration as stipend.
Thus company is befooling the PF authorities, employees, by showing employee as trainee, denying statutory benefits like PF, Gratuity, whereas employees are working as regular employee.
ESIC is applicable to Trainee. Employee’s share is 1.75% (245) Employer’s share is 4.75% (665).
Company seems to be deducting both (900) from your stipend and probably is not adding its share.
----“ my company is a IT company. “
Some states had granted blanket exemption to IT/ITES companies from provisions of Industrial Employment Standing Orders Act, e.g. Karnataka, Maharashtra,
Probably AP and Delhi have not granted it. You may check from Dept. of Labor, DLC in o/o Labor commissioner.
You may go thru Model Standing Orders/Certified standing orders of the company, Shops and Commercial Establishments Act of AP and Delhi.
If your trade/industry is full of such employers then you may understand these, and your rights.
-----Ask for returning the original certificates………
If your engagement is contractual and renewable on mutually agreement then what is the notice period/pay/penalty to be born by you?
Employee can quit employment. Resignation does not require notice or permission.
In a contract one party which breaks the contract has to compensate the other party.
If you can leave with mutual understanding by getting acceptance of resignation, relieving letter, work experience/service certificate, FNF statement, pay slip, NOC etc nothing like it.
Employee should develop rapport, goodwill and apply exceptional levels of persuasion, persistence, negotiation, reasoning skills, build favorable record in writing and retain copies and evidence, and resolve the situation in his/her favor while in employment.
