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shashikala (home loan asst)     19 September 2012

Regarding off role employee

sir on 26 may 2012 i received an offer later from an private bank for proving home loan service to costomer after selecting me through a writtten test and interview. that was off role job and bank told me that for this you will not recieve any salary you will be paid incentive after senction of lone amount. i worked for a month in a branch of bank situated at jodhpur but in whole month i was unable to process any of the loan file so i stop going to branch after telephonic information to my senior that i am not receiving any salary so i am not able to continue to job. after one month of that i recieved a call from bank authority that you join again as bank declared to give compansation/salary of 8000 rupee to off role employee for initial 2 month. so i joined back on 20 aug 2012. on 18 sep 2012 i got a file of loan for processing and i completed that and went to bank for submitting that for processing at the time of submitting file my manager told me that this file could not be processed on your name as your employee code is not generated and they forced me to submit the file on the name of other employee. and they refused to give me the salary as promised as above.

here is my question 

1. sir as being a employee of bank , bank has not generated my employee code since last one month is it fault of company ? and can i take action against company for such thing. as they was making me do the labour without generating my employee code without giving me any salary of incentive of my work

2. if being a off role employe if i get any file of home loan for processing than it should be processed on my name or not???? 

3. bank is doing fraud with me by putting in labour or job without giving incentive of work done my me.

 

what action i should take against bank suggest me please



Learning

 3 Replies

Kumar Doab (FIN)     19 September 2012

You have posted that:

--“on 26 may 2012 i received an offer later from an private bank for proving home loan service to costomer after selecting me through a writtten test and interview.”

Do you have the copy of advertisement of the bank in response to which you applied and cleared the test? If you remember the date and name of paper you can obtain copy of

e-paper from website/archives of the newspaper.

Do you have copy of the offer letter, admit card of the examination, result of the examination?

It is felt that law of the land does not permit to hire even trainee/apprentice without paying wages.

Incentives are over and above wages as per incentive policy/circular.

Did the bank advertise that the position shall be on commissions?

Did the bank issue any I. Card to you? Were you associated with bank or any DSA/DMA/associate of the bank/Franchisee?

--“i recieved a call from bank authority that you join again as bank declared to give compansation/salary of 8000 rupee to off role employee for initial 2 month. so i joined back on 20 aug 2012.”

Did the bank issue any offer/appointment letter? Did you submit joining report and mark attendance? Did you sign and submit any HR form e.g. group insurance, PF, Gratuity etc?

 

--“on 18 sep 2012 i got a file of loan for processing and i completed that and went to bank for submitting that for processing at the time of submitting file my manager told me that this file could not be processed on your name as your employee code is not generated and they forced me to submit the file on the name of other employee. and they refused to give me the salary as promised as above.”

Have you submitted any representation to Bank authority who recruited you or Regional Head/Vice President/MD narrating the whole incidence?

If it is say HDFC bank you may write to MD Aditya Puri

Email id: aditya.puri@hdfcbank.com

 

However let elders in the family, competent and experienced well wishers, lawyer/law firm draft and structure your representation to suit you in the long run.

 

The practice of the bank and its staff is bad.

You may not expect any relief and resolution from this staff as they shall be subjected to inquiry. Hence you may approach in writing under acknowledgment, good offices of appointing authority, MD and grant some time of say 7 days for relief and reply.

If there are many other employees like you in same situation all of you may join hands and be witness to each other.

Private Banks are into such practice and they simply want to exploit the social circle and contacts of young/inexperienced/poorly informed/gullible/hapless citizens and then dispose with them.

 

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not. Confirm if standing orders were applicable to your industry and bank and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you may be violation of standing orders of the company.

You may seek the counsel of a competent and experienced labor consultant/service lawyer, show all docs and give inputs in person.  

1 Like

shashikala (home loan asst)     22 September 2012

thanks kumar thanks alot to you your this information will help me out in a great way i will update you regarding further activities in this case i am writing to higher authorities regarding this issue and giving them time of 7 days to reply me

Kumar Doab (FIN)     22 September 2012

It shall be appropriate to show all docs, records to elders in the family, competent and experienced well wishers, lawyer/law firm and give inputs in person, discuss the merits and options thoroughly, and let them structure and draft your representation to good offices so as to suit you in the long run. You have been in the system and would know the lapses better than any one else. You should adopt an approach by which you can establish that bank was at fault and bank personnel violated the rules, laws and your rights. Emotional Outbursts  may be avoided.


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