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mps   06 May 2017

Work ex and pay slips not given

Hello guys, its a bit of a long story which I have summed up in the last paragraph below.
If you would just like to go through the summary and give any relevant advice, I would be most grateful but I have given a detailed account of the entire situation, if any clarification is needed.

In Depth:
(I have tried to stick to facts as much as possible, one or two instances i have given my opinion which i will mark with a * )

I have worked for a company (a startup) for almost 2 years (first 13 months as a full time employee and next 10 on a contractual basis).

From January 2017, the company has not paid me for the work put in by me and a team (of 16 people) under me, sighting silly reasons for delay of payment. This went on till around the last week of March, 2017 when the CEO was confronted by the entire team. The entire team, me included were extremely fedup with the excuses given by the management (CEO included) for the delay in payment and some of the subordinates were quite frank with the CEO, letting the upper management know how they felt after getting their salaries delayed by 3 months.

This probably hurt the CEOs ego* and he started digging into the work done by the entire team, looking for a way to somehow stop the payment*. I know this because he asked me to do the digging around for him, since it was my team. After all the investigation was complete, it was found that 10% (ten percent) of the total work was plagirised. I took responsibility for 2.5% (two point five percent) of the total plagirism since that was done by me, gave the same in writing as well, along with reasons.

This gave the CEO the brahmastra he was looking for* . I was terminated and the money that had been paid to me for the project so far was asked back. (although the money that had been paid was for work the CEO had inspected and approved personally).
The CEO personally threatened me that if money wasnt returned then there would be no proof of work provided. When I did go to give the money, he wanted a bank transfer done before he talked to me. The bank transfer failed, he then was not willing to accept cheque and so, cash was arranged for but he was not available to take the cash and wanted me to give the cash to one of the other employees by going to their home! All of this was too fishy and hence I came back with the money. 

And following this, i got a mail where the CEO said that they had marked me as absconding and fraudulent and would never provide me with a work experience letter.

Summary:
After not being payed for the last 3 months of tenure at a startup, I was told that me and a team of interns working under me, had induldged in fraudulent activities and would not get the pay (I was working on a contractual basis, where payment is made for every unit of work done, with the startup and the fraud the CEO talks of consists of 2.5% (two point five percent) of the entire work given by my team to the startup). 
Moreover, I was personally asked to return all the money payed to me for the project we were working on and any discussion regarding the work experience and salary slips would take place only once the funds were returned. After delaying to return the money for 2-3 days, I received a call from the CEO of the startup who said that if I didnt return the money by so and so time (giving me less than 4 hours) i would not be getting the work experience letter or proof of employment of any kind. 
I did go to return the money (cash, as I wanted to get my work experience letter immediately) but the CEO wasnt available. I was asked to give cash to an employee by visiting the employee's residence! Which I obviously did not do.
And after this, i received a mail saying I was being labelled as "absconding" and "fraudulent" by the company and they would not provide me with a work experience certificate. 

Final Thoughts
It is quite obvious that if in any circumstance, if I do happen to get a work ex, then the employer can no longer be relied upon to give a positive background verification so that is not the point. My dues have yet to be cleared and is there any action i should/could take against the company? And was i right in my dealing with this situation?

 

Thanks for taking the time to go through the passage!
 



Learning

 17 Replies

Kumar Doab (FIN)     07 May 2017

While posting such queries employee should post basic information! 

What is this establishment; Commercial, Industrial? 

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? 

Since how many months you are working? 

 


What is submitted by you: Notice of resignation or resignation with immediate effect? 


Do you have copy of it and its acknowledgment by employer, its proof of dispatch and delivery by you? 


Did you mention notice period/LWD in it? 


Did you mention reason of resignation i.e; Non/delayed payment of wages?


Do you have proof of dispatch and acknowledgment of reimbursements claims submitted by you?


What is the notice period tendered by you and applicable to you as per offer (appointment) letter? 

Has employer been issuing salary slips of each month, Form16, PF number PF a/c slips, ESIC card? 

Are you member of any employee’s/trade unions?



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

 


What was your monthly salary and its break up?

 

Kumar Doab (FIN)     07 May 2017

Did you tender notice of resignation or resigantion?

Were you terminated verbally or in writing?

Did you stop attending to office for not providing payment of salary/salary slip? If yes, did not submit any written communication say even if by ordinary post!

 

You were into regulat employment upto which date/month/year?

Did you resign from it?

Then:  You were into contractual employment from which date/month/year?

You were into contractual employment or you were contractor?

 

Kumar Doab (FIN)     07 May 2017

Other than some written statement that you have posted on some 2.5%....... you have not submitted anything else in writing to establishment!

Isn’t it!

mps   07 May 2017

Sorry I missed out on so many details! I wanted to establish the narrative and in that process missed out a lot. Apologies.

It is a commercial organisation in IT sector in the state of Haryana with less than 10 full time employees and between 30-40 total employees (including interns) and there were 15 people reporting to me.

This is in Delhi NCR

On a contractual basis, I've been working for 9 months and a few days (not a contractor, employeed on a contract with the employer)

A termination notice was served to me (with immediate effect) in mid april via email. (keeping a few details vague intentionally)

I have the email conversation with the upper management of the company where I have requested clarification of reimbursement and work experience certificate but these requests were waved away with sentences like "all talks will be held once money is returned"

Salary slips have not been issued.

Not a member of a trade union.

I dont think standing orders apply since number of workers does not meet required limit

Would like to keep the salary private

I did not stop attending office even though payment hadnt been done for 3 months or so.

Worked as a full time employee from June 2015 - April 2016 and on a contractual basis from july 2016 to april 2017. I had resigned after april 2016 due to personal reasons and decided to talk the the same employer when i started looking for employment in july 2016 since I had left on very good terms. Work Experience etc hasnt been provided for any period of work.

Kumar Doab (FIN)     07 May 2017

You have not replied to all points, pointwise.

What are these ‘Interns’?

“A termination notice was served to me (with immediate effect) in mid april via email.”

Then it should be termination with immediate effect.

However you have submitted some admission of some 2.5% then employer may not tender any notice pay, citing misconduct.

Employer should pay upto LWD.

 If you have alredy consulted some lawyer post what is his/her opinion on your matter?

 

You seem to have some knowedge as you have posted confidently on standing orders.

 

 

Kumar Doab (FIN)     07 May 2017

Your establishment should be covered by the Shops & Estbs Act of the state and you might be covered by the def. of ‘Employee’ as in the Act.

You might be covered by the def. of ‘Workman’ as in the ID Act.

You might be covered by the ‘Payment of Wages Act’ by def. of wages in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’.

The deductions, fixed date for payment of wages with salary slip, are explained in applicable enactments.

These enactments should be available at website of Dept. of Labor of your state i.e; Haryana.

The Punjab Shops and Commercial Establishments Act:

The Punjab Shops and Commercial Establishments Rules ( Haryana Follows it.)

Payment of Wages Act;

are available on website of Dept. of Labor Haryana;  

 

https://hrylabour.gov.in/ https://hrylabour.gov.in/content/labour_laws

 

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf

 

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/Payment_of_Wages_Act.pdf  

 

Kumar Doab (FIN)     07 May 2017

If you are not covered by any of the enactments then you may approach civil courts.   It shall be appropriate to discuss with local counsel specializing in Labor/service matters of unshakable repute and integrity, at your location, and understand options and merits in your case.

 

Labor/service matters is altogether different field of law and there a few counsels that specialize in it and are well known. Usually such cases are referred to them and should be referred to them.

Counsels worth their salt that practise in other matters usually do not meddle into such matters and refer to counsels that specialize in it.

 

You can inquire about such counsels at LaborCourt/CGIT, Civil Courts, CAT, HC,SC…..

 

Your own elders of the family, well wishers, employees’/trade union leaders, Family lawyer, DBA officials  etc etc can also help you to find such counsel.

Employees’/trade union leaders can also represent you.

Kumar Doab (FIN)     07 May 2017

If you have issues in finances try FREE Legal Aid and check in local courts complex.


You have posted that you are from Delhi/around Delhi.

Try to obtain FULL FREE legal aid from counsels from Delhi and around areas. 

Request LCI members from Delhi and around areas.

Avoid persons loitering at On line portals like LCI posing as Experts to allure unsuspecrting querist, fishing for business.

There are endless numbers of threads at LCI also by querist that have been fleeced at LCI.

If you are confident that you are well versed and can handle your matter as PIP ( party in Person), go ahead. 

1 Like

mps   07 May 2017

Interns are people the company hired to work on a part time basis, for internships.
These comprised mostly of people who were pursuing their undergraduate education.

I looked up for standing orders on google and found it wasnt applicable for my case, havent consulted a lawyer.

Thank You for your advice, will follow it and update on this thread.

Thanks!

 

Kumar Doab (FIN)     07 May 2017

It is good that you are searching and reading and can understand.

Although it takes time.

Still PIP that knows basics, applicable enactments, procedures in courts, can argue well and handle strategies of lawyer's of OP's (employer's in your case) can do well for themselves.

There are many threads on similar query at LCI that you can search in "SEARCH" option and download enactments, citations..

Such interns may not be counted amongst employees.

Surprisingly the number of so called interns is much higher than employees.

Saara Kaam Interns hi Karte hain Kyaa.

 

 

 

 

mps   07 May 2017

Thank you for your kind words, but I am not too convinced to take them to court simply because it will be a time sucker dealing with those people but yes, going through the links provided, it does seem to make the court more accessible. 

One reason for that is that after all this, i am provided with work exp and dues cleared, there is no way i will be provided with a positive bgv. 

And haan ji sir, interns actually do most of the work. Kya bola jaaye ab, first job after graduating from college and have to face this... 

Just want to say thanks again! for taking the time to read, reply and assist. Thank You

Kumar Doab (FIN)     07 May 2017

Don’t worry too much.

Next time be careful and don't commit  blunders from your side.

If you have understood and can refine understanding further……then may submit gentle communications contesting the allegations of employer.

Service certificate should be issued to all employees, in case of termination also.

Kumar Doab (FIN)     07 May 2017

There are many threads on BGV, also.

Use SEARCH option.

Try and get copy of BGV.

Kumar Doab (FIN)     07 May 2017

It is felt that you can rethink on paying the entire amount demanded by employer, just like that.

Preferably consult a counsel in person as suggested.

The appointment letter, termination letter, slalry slips, Form 16, PF a/c slips, etc etc may suffice as good as service record. 

Try and get employed ASAP.


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