LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

AM (Other)     11 June 2015

Invested and worked for 3 yrs without documents

Dear Experts,

I joined a private limited company in 2011 in Karnataka. The company was started by 2 directors, who were my superiors in a previous company. Worked there for 3 years without any documentation, purely based on trust and goodwill. I had also lent some money in 2011 to the company (online transfer) for managing company expenses. But I quit the company in 2014 out of frustration with the company direction. In between I had signed a share holding document, which mentioned "1-share".

For a few months here and there, the company had online-transfered some money to my account with comment "partial-salary".

Now the directors have turned hostile when I started calling them for returning the money lent. No response to emails, phonecalls and SMS.

Is there any legal recourse available for me to :

1.Get back the money lent

2.Claim compensation for time spent with the company for 3 years

There are full email trails available with me as proof of working for the company and numerous customer agreements will be lying with the company and customers that I had signed in my name.

Would be really thankful for any kind advice.

[This is my first post here. Please excuse if I had not followed any forum rules]



Learning

 5 Replies

Kumar Doab (FIN)     11 June 2015

 

You have posted that:

---“For a few months here and there, the company had online-transfered some money to my account with comment "partial-salary".

It should help you to lay claim to balance salary.

---“ There are full email trails available with me as proof of working for the company and numerous customer agreements will be lying with the company and customers that I had signed in my name.”

What customer agreements and why these were signed in your name?

You signed in which capacity?

 

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter, and so called BOND?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

You should provide full information, pointwise!

 

You must consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in Labor law matters with all docs/communications including SMS/Emails/phone calls  on record ASAP,spend quality time with your counsel and preferably proceed under expert advice of your counsel.

AM (Other)     11 June 2015

That was so kind of you Mr.Kumar. Thank you for taking your valuable time. Have provided crisp answers to your questions.

Company- IT Software & Services, HR services.

Persons Employed - Not more than 10 at any point in time.

Reg off, Corp off & Reporting off - Karnataka

Designation - No designation officially given by company. I was primarily involved in Sales & Customer Management in Karnataka Region.

Customer Agreements - Subscriber agreements which I signed as authorised signatory.

Policies - No Clue. Have never discussed.

Documents - No Appointment letters / Bonds /Salary slips/Form 16 given. Found Form 26AS online for 1 year.

Salary - Not discussed anytime. I was taking home net 60k/month before joining this company. The partial salary credited was 30k for 7-8 months overall.

I resigned writing an email which was not acknowledged in written (May be intentional). They verbally accepted and threw a small party. But there are handing over documents given through email to other colleagues.

Not a member of any trade unions.

Hope the info is explanatory in nature. This was basically a good relationship of 6-7 years which quickly soured due to non-responsiveness of Directors to my repeated calls for settlement of moeny lent (More than a lakh)

Please let me know whether there are any legal grounds for me to proceed asking for pending salary and money lent. Else I dont want to waste time and resources. Thanking you in advance.

 

Kumar Doab (FIN)     11 June 2015

You may carefully go thru; Karnataka Shops and Commercial Establishments Act and its sections e.g.; 6A..............appointment letter should have been given.

 

You may show Form 26AS online for 1 year, also to your able Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in Labor law matters and understand the merits and remedies.

 

You should become a member of various IT/ITeS employee's that have done a good job/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc..................

 

Your consel(s) may opine that you are covered by the def. of 'Employee' as in the Act and can approach:

 

Inspector appointed under the Act,and Payment of Wages Act

Higher Officials of Dept. of Labor

O/O Labor Commissioner

File complaint u/s 406,420

File winding up petition etc.................

 

If you sustain you can succeed to extract your dues and documents etc............

 

.

1 Like

AM (Other)     11 June 2015

Thank you Mr.Kumar.

I will have to sit down and decide the course of action.

Your response is highly valuable and very much appreciated.

May you continue the great work on this forum.

 

Kumar Doab (FIN)     11 June 2015

You are welcome.

Don't get carried away by such unscruplous employers again.

Wish you the best.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query