Civil Procedure Code (CPC)

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IT Sales company employee (business development)     18 April 2016

Miscommunication during employment

Hi, Ive recently joined an IT sales company in bangalore as an Business development executive as on 1st April 2016. During the initial interview procedure the HR never mentioned about any contractual employment (however they never shared any document stating the nature of employment during the time of interview). Considering the benefits I decided to quit my previous job and served the notice period as well. and on the date of Joining this company the HR informs that There will be a TDS form my take home salary and my employment will be on a contractual basis. On opposing to these conditions they delayed to provide my Appointment letter however they asked me to start working since 1st of April 2016 stating that there are some errors on the same and they are re doing the appointment letter. Last week they provided me the appointment letter and there it is mentioned as the employment is on a contractual basis and few more terms that cannot be accepted. Therefore I didn't sign on the same and denied to comply with the terms they mentioned. Today The MD called in for a F2F discussions wherein he said that its been about a week that I have been working and He doesn't see any good result from my end and therefore he has to take a call on me. He also mentioned that he will let me know his decision the next day (tomorrow). Now my concern is that, is there any law which states that the company has to pay me for the days ive worked and I feel that this is not the right way to deceive people in the name of employment. Please suggest what can be done.


 4 Replies

JustAdvisor (IT)     18 April 2016

Did you get any offer letter from the company on the basis of which you put down your papers in the earlier company?

Did you send your acceptance to the offer letter? Do you have any proof of acceptance (email, courier receipt, etc.)?

Were the terms of offer letter favorable to you? Did it mention regular employment? Did salary include PF?

Try to answer the above questions and approach a lawyer practicing in your area if you get into trouble.

To answer your question, company nevertheless has to pay you for the number of days you have worked - contract or no contract - as per provisions of law.

 

1 Like

Kumar Doab (FIN)     19 April 2016

In addittion you may also show job advt, job application, interview call letter, selection letter, etc.

 

Let your counsel draft and structure your representations so as to build ground for staking claim for damages. 

Ritesh Maity (Labour Law Advocate)     27 April 2016

If you can prove (with any documentary evidence) your employment for even a day, you are entitled to claim the salary for the day you have worked. 

 

However, you have to decide whether it is worth doing in terms of investment of time as well as legal expenditure. 

Kumar Doab (FIN)     27 April 2016

Did you keep copy of BOTH appointment letter, as posted by you?

Do you  the evidence of having marked attendance and having worked?

The first option (There will be a TDS form my take home salary and my employment will be on a contractual basis) was of a contractor, the second option was probably of (by appointment letter ..........................it is mentioned as the employment is on a contractual basis and few more terms that cannot be accepted) probably FTC!

 

In any case you were allured and asked to give up permanent employment and asked to work also.

Since you were allured and not given the promised/assured deal you were coerced in F2F meeting (He doesn't see any good result from my end and therefore he has to take a call on me) and hinted of possible termination.

 

If you can establish and persist you have  a case.

 

It is certainly upto you to evaluate the options.

 


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