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CKT (None)     27 May 2014

Where do i stand legally?

 

Here is my situation, please bear with me, this is going to be bit long.

I joined a pvt ltd company on 15th jan, 2014 and was never offered an appointment letter or offer letter, which I assume means that I was not aware of the company policies. I often used to go late but was never a problem to my technical head. Though I was told couple of times to reach the office in time and I used to follow it for a couple of days then again back to my normal late routine. As my performance was good so It was never a big issue at all.  At the time of joining I was verbally told that initially my salary will be 11-12K/pm and thenwill be incremented to 18-20k per month depending on the perfomance. I regularly asked for my joining letter but everytime the answer was next week. So after a month of joining I stopped asking for it. 

When it came to salary I literally have to beg for it for almost 20 days and was given Rs5000/- (noreceiving)near the holi time and was said keep it for the time. So after two months of working and what I got was only 5000/-. When the March got over I  asked for the salary again and again delaying for almost 13 days I was given a cheque of Rs6000 with encasing date of 16/04. 

The same day when I was given cheque I was given a notice for late coming(which I did not sign) and left in the office itself. Next day I again went to office late and was asked to resign(which I did not gave yet) as I never got the joining letter, there was no question for giving resignation letter and then left the office. 

On 16th went to bank to deposit the cheque and guess what there was ZERO balance in their account. I went to office and said the situation and was lucky enough to get Rs 6000 cash in hand which I received in their voucher book. And the same day I was told by my technical head that he will give me call but I never got one. I did not bother to call them back as I never wanted to work their again either.

So my question are

1) Where do I stand here legally( as I was never given any joining letter or app. letter)

2) Though I was told that I will given 11-12k/m but what I got is 11K after working for 3 months, does minimum

   wage policy apply here.

3) Can they deduct the salary citing reason late coming( Again no offer letter so I can assume late coming policy doesn't apply).

Any other suggestion are welcome.

I forgot to mention that I was give a letter of Intent on 9th Jan which mentioned that all t&c and policy will be disclosed 20 days after the joining. Nothing else was mentioned in the letter of Intent.

ps:I know going late in office was not professionly right but as I was not offered the letter nor given the salary I made it a routine after 1st month.

Thanks
CKT


Learning

 9 Replies

Kumar Doab (FIN)     27 May 2014

What is this company: Commercial, Industrial, Small Enterprise?     

The registration certificate might have been displayed near entrance or you have to find on your own.  

You are located in which state?

Redg. office of the company is located in which state?

What is trade of this company: IT, Banking etc…..?

How many people are employed in it?

Were you given any I.Card, PF number, ESIC Card………………………..and do you have evidence of having worked e.g. assignments, emails etc?

Do you have copy of time in/out?

Did you work for 8hrs/day, 48hrs/week?

 

The letter of intent may be useful.

1 Like

CKT (None)     27 May 2014

As per the details on MCA site company is established under Shop and established Act and its an IT firm registered at Delhi but  company shifted to Ghaziabad in the month of  March.

No I was not provided anything. As far as assigments are concerned I do have few emails on my personal email from the technical head of the company. And I do have access to my company email as of now. 

I don't think the company has provide provision for PF.  The number of employees is less then 20. 

Yes they  have register for in/out entry, which I used to fill. 

Working hours were 10 to 6 and the same was changed to 10-6.30 from april(half an hour for lunch). Saturday used to be a working day.

Kumar Doab (FIN)     27 May 2014

It is felt that you are very clear on your  matter at your hands. 

 

Download all emails, in and out register or any other record that shall prove that you were employed and were in office for how long, OT if any, work in field, from home etc………………….

It is felt that you were employed at Delhi.            

The Delhi Shops and Establishments Act, 1954

 

8. Employment of adults, hours of work.—No adult shall be employed or allowed to work

about the business of an establishment for more than nine hours on any day or 48 hours in any

week and the occupier shall fix the daily periods of work accordingly:

(The employer has to define the work hours in appointment letter).

 

The Fourth Schedule as appended to the Industrial Disputes Act, 1947 provides as follows:

19. Time and conditions for payment of wages.

21

33.(a) : The register of employment and wages is required to be kept in Form ‘G’ duly bound and

pages serially numbered. Where, however, the opening and closing hours are ordinarily uniform,

the employer may maintain such register in Form ‘H’ alongwith a separate register of wages

34. EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.:

(d) the hours of work.

 

 

37. POWERS AND DUTIES OF INSPECTOR:(b) (i)                                                         

41. WILFULLY MAKING FALSE ENTRIES.               

 

Likewise you may go thru; Uttar Pradesh Shops and Establishments Act (coined as U.P. Dookan aur Vanijya Adhisthan Adhiniyam, 1962)                        

 

 

Regarding PF, ESIC you may get in touch with nearest office of EPFO, ESIC.

 

If you still have the cheque issued to you show it your lawyer.


Attached File : 518723521 delhi shops & establishments act, 1954.pdf, 518723521 up se act.doc downloaded: 81 times
1 Like

CKT (None)     27 May 2014

Hi Kumar Thanks for your response. 

Yes I did reasearch before posting the thread here and have already gone through the Shop and Establishment act Delhi,

I have no idea how the things work internally in the company whether it follows all the requisite procedures or not but I was never furnished with the appointment letter.

 I am planning to approach the company to settle the dues. But I am finding it difficult to find a right way. 

I dont know what my salary is, was told verbally 11-12k (but I guess it doesnt matter at all) . So what if they say we dont  owe you any amount and we paid the amount after deducting the amount because of the late coming. Does the company policy applies to me for the situation I am in ? How should I deal with it? 

Do I have to comply with company policies when I was not issued any appointment letter ?

What leverage do I have in overall?

Is there any time frame to approach the EPFO, ESIC ?

As I have never been into legal issues before So, I dont have my lawyer. Where/whom should I approach to file case if the company refuses to pay the dues.

Will look into UP se act too. But  will it be useful as the mca website still shows its registered address in Delhi and not Ghaziabad.

Kumar Doab (FIN)     27 May 2014

It has already been posted that:

 

(The employer has to define the work hours in appointment letter).

 

34. EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.:

(d) the hours of work.

 

Employer can keep these less than 8 hr/day:::48hrs/week.

More than this OT is applicable.

 

For more you may get in touch with your lawyer in person.

1 Like

CKT (None)     27 May 2014

I read that but may be I failed to infer it. Does it mean that it is mandatory/must for an employer to furnish an appointment letter to its employee?

Kumar Doab (FIN)     28 May 2014

Each clause in the Act is applicable to establishment.

It is not inserted for decoration!

The non compliance is violation.

Get in touch with a local lawyer.

Finally a local lawyer that has analysed all docs on record and your inputs can advise you the best.

1 Like

CKT (None)     28 May 2014

Hi Mr, Kumar, thanks for putting up your time and patience. Am sorry If I am bothering much but at the same time I can't help it either. 

I am attaching the only official document which I have along with the reply. Do let me know if it can be of much use.

PTP- in the attached doucment is related to something like performance period.

And just a simple yes or no would be enough for my question that I company's terms and condition was not revealed to me, do I need to abide by it ? 

Request  for some more insight .

Thanks again


Attached File : 732456728 img 20140528 165612.jpg downloaded: 64 times

Kumar Doab (FIN)     28 May 2014

You were absorbed in appointment after 20 days.

The company is liable to issue appointment letter and wages.

Finally a local lawyer would need to take lot of inputs and information from you in person and lawyer that has analysed all docs on record and your inputs can advise you the best.

 
 

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