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dinesh deena (Manager) 03 July 2015

Sir ,I have Joined in a small company in its initial starting stage 5 years before.I joines as now my Designation is Manager.Being Top level management and Based up on my stuff management Planned to keep hold me for the next 5 years.In this connection they gave a "share" sheet in which they mentioned if i am with the organization after competion of 5 years the management will pay the share / or equivalent amount(didnt mentioned qty.of shares or amount in that sheet).Similarly they issued the share sheet 2 more employees they also same age group of mine

Now 5 years got completed.In the past 5 years we have not received regular periodical appraisal .Alternate years only we use to get apprisal. similarly all our extra worked hours they verbally said they pay. on various occation they cheated by telling the company is under LOSS.But we only sending the Billable hours every month. accroding to that littreally we know that company grows excellant profit every year.But not doing good things to the employees all the times they are cheating.even not giving salary slip to the employees so that the employee restricted to change job.

Regarding the share sheet if we ask to the Management this time also they may bluff and cheat again. what will be the procedure to get some reasonable amount of share by the management.They or we spoiled our life in this unfaithfull organization.

can any one sugges me how to receive our shares?

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Kumar Doab (FIN) 03 July 2015

Employee should always consult elders in the family, competent and experienced well wishers, and an able Labor Law Consultant/Service Matters Lawyer/Law firm before acting on its own.

All affected employees may join hands and stand as a witness to each other.

First of all show this so called ‘Share Sheet’ to your counsel and determine whether it amounts to just a printout or a promise or an implied promise etc?

Assuming that it amounts to promise of issuance of ‘Share’, then how much it amounts to and what is its worth?

If anything else is required then it is extraction of admission of promise made 5 years back in an irrefutable form e.g. audio/visual/witnessed/minuted/admitted etc that should stand the test of law!

Or by virtue of your position, accessibility to business……………………..attain some handle on employer of that level that fetches results.

Generate proof of cheating and falsification of record.

If company is earning profits it can’t show loss. It can amount to fraud with various authorities e.g. Income Tax, Excise, duties etc . Obtain details of company’s assets, owners assets so that if required the recovery is possible.

If yearly appraisal is inserted in appointment letter, corrigendum, HR policy/service rules and regulations etc mentioned in appointment letter or practiced then it has to be yearly and in time and as per appraisal matrix and absolutely transparent.

Salary slip has to be provided to each employee duly signed by employer atleast a day before the fixed date of reimbursement of wages/salary.

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

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

How many maximum persons were employed in it at any point of time, before and after you joined?

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, Exit Policy that are mentioned in the appointment letter?

What is your monthly salary?

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

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