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Purnendu   21 August 2017

Need suggestion

Dear Sir,

I am Purnendu Basak writing this message from Kolkata. I have joined a company called "My Cash Easy" on May 12 '2017. The company is situated in Kanpur and the company is into Mobile Wallet recharge business. In my Offer letter it has been written that if the required sales target has not been made then the Salary may Prorate accordingly to my performance. My reporting manager the state Head to happens to be my reporting manager continiously misguided me that if you do 50% of your target you will be credited your full salary. In the month of July i made 2 distributor but 50% salary given to me. In August i have created 1 distributor and they are denying to give any salary. Please suggest me what should be done in this scenario and where do I contact.

Regards,

Purnendu Basak



Learning

 13 Replies

Kumar Doab (FIN)     21 August 2017

Why should any employee join on such T&C and sign such T&C?

 Also:  If you are unable to perform than change ASAP and be with some employer that has good HR practices..

Such conditions may not neccessarily find footing ..............

The employer can insert any condition in any private agreement/policy/rule that it has drafted  and even that it has igned with employee.  e.g;offer/appointment letter. 

 

What is issued to you; offer letter or appointment letter?

 

Has employer issued salary slip and shown deductions in salary slip?

 

 

Kumar Doab (FIN)     21 August 2017

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial? ( apparently commercial as per your post) 

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 ? ( WB as posted by you)

 

Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

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

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, ?

 

Purnendu   21 August 2017

Dear Sir,

The company has issued Offer letter only. They have not given the Appointment Letter. They have not issued any Salary Slip nor

any Deduction in Salary happens. In the Offer letter it has been written and agreed upon that if someone perform <50% of his target his salary will be prorated. 

Regards,

Kumar Doab (FIN)     21 August 2017

Pls respond to other points also, pointwise.

Purnendu   21 August 2017

What is this establishment; Commercial, Industrial? Commercial

What is its nature of business say; IT, ITeS? Mobile Wallet

How many persons are employed in it? No Idea

What is your designation and nature of duties? Area sales Manager

How many persons report to you? 0

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? No

You are in which state ? WB

Since how many months you are working? 03 

Are you under probation period or your service is confirmed in writing?   Probation Period

Do standing orders (model/certified) apply to establishment and your designation?  No Idea

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?  Nothing is written in Offer letter.

Was ever any stinker, memo, show cause notice on any misconduct issued to you? No

Does the establishment have its appraisal system? No Idea

Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? No

How was your performance? 3 Dist in 3 months

Are you a member of employee’s/trade unions? No

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, ?Only Offer letter nothing else.

 

Kumar Doab (FIN)     22 August 2017

Don't waste your youth and age with such establsihments and pressing such conditions...........be with some employer that has good HR practices..

What is stated in offer letter; Your are offerred employment or on commission........?

How did you come across this offer? Say; Newspapaer advt or consultant/

Do you have copy of job advt, job application, interview call letter?

What do you do to appoint a distributor?

Do you sign on the agreement, appointment of distributor?

Do you collect any payment and issue reciept?

Do you collect payment in cash or cheque?

 

 

Kumar Doab (FIN)     22 August 2017

In the mean time you may go thru:

The West Bengal Shops and Establishments Act, 1963

2: (2)(4)(10)(15),4(b), 14 ( Carefully), 15,17,20

 https://www.commonlii.org/in/legis/wb/act/wbsaea1963359.pdf

And

The West Bengal Shops and Establishments Rules

Kumar Doab (FIN)     22 August 2017

Write to good offices of employer, appointing authority/MD/CEO a gentle communication to supply the salary slip............................and also Manager/employer's representative in WB...........


(Guest)

Terms of your offer/appointment letter are required to be examined in detail for any appropriate opinion.

 

Purnendu   25 August 2017

Sir should I send my offer letter to you for examination?


(Guest)

Yes, you may send offer letter for examination.

 

Kumar Doab (FIN)     30 August 2017

Subsequent to your posts;

If you wish you may attach the offer letter in the thread.

You must erase the names,logo etc to maintain confidentiality...

Kumar Doab (FIN)     30 August 2017

Senior LCI expert Mr. Devajyoti Barman is from West Bengal/Kolkota.

LCI member Mr. Ritesh Maity is from West Bengal/Kolkota and has been posting on Labor matters...

If you wish you can approach them....... 


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