Saswatabanerjee
Partner - Risk Management
Adv. Manoj Liyonzon
Lawyer, Chennai
+3 Others

Thread Started by #Anonymous

Hi All,
I joined a newly set-up company, located in New Delhi, 3 months back. The employers don't provide anyone with salary slips, joining letter, & other basic facilities. I have seen my colleagues working for nonstop 40 hours without any monetary compensation or complementary offs & I am also expected to do the same. Even, girls are forced to work late nights without any security & cabs. When I told my employers about my concerns about security & prolonged working hours, they told me to put my papers.
Please suggest if anything action can be taken.
Also, please suggest what reason should I state, when I'll be asked "why did you leave your job" in my coming interviews.
Thanks.
9th March 2014 From India, Delhi
You have a very strong reason of "security". You can mention this, I was asked to work for late nights in New Delhi which is considered insecure for woman plus they do not provide any cabs. So I need to leave the job.
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9th March 2014 From India, Mumbai
And you are not suppose to serve any notice period.
Also why to put papers? Why to follow process while resigning when there is no process while joining neither providing offer letters. You should not put papers. As soon as you get new job just text or call them (you can use Whatsapp also :) to inform them that you do not want to continue with the job and if they ask you you have to come... tell them "What right you have to ask me to work for you?" any offer letter or document or anything else?
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9th March 2014 From India, Mumbai
After working on saturdays & sundays & late nights, today, the concerned person said that I think you have different priorities & you are not able to meet the company's expectations, so, you can discontinue your services immediately.
He did not release my salary for the month of February, which he was supposed to do on 7th March.
9th March 2014 From India, Delhi
Aditi,
You can raise a complaint in a labour court. You can do that online also. Its a very simple process. Do you have official documents that you work in the company?
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9th March 2014 From India, Mumbai
Mam, I have a soft copy of my offer letter.
Please tell me the procedure to do so.
I will wait for a few days. If my payments are not cleared, I would log a complaint against this.
By any chance, can any notice be send to my employer so that my colleagues can be prevented from the inhuman behavior & can get their basic employee rights? :)
9th March 2014 From India, Delhi
Do 1 thing drop an email to your manager asking if "The salary is not yet credited to my account. Could you please let me know if there is any issue and by when I will get the salary?"
Ask each of your friend to drop an email. Keep the communication in black and white. So he need to reply back. If he is not doing so he will be the one who will suffer. If he does not reply in a day or two...send a reminder email..
You can check online how to lodge a complaint in labour court. There you can attach an email copy of your request to manager and state that even after so many request they behave like this.
Unless you have anything in written you cannot do anything. So try to accumulate as many things in written as u can
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9th March 2014 From India, Mumbai
Do not wait...keep the communication with you before he throw you out of the organization.
9th March 2014 From India, Mumbai
I have given my resignation & mailed him about the letters & the salary.
I will follow him up for this. If he does not response, I would surely do what you have said.
Thanks alot for your help. I am feeling better. :)
9th March 2014 From India, Delhi
Yes and on last day if he does not give u salary...just tell him.. dat you are going to raise the action against the company by going to labour court.
Good :).. if you get your salary, give me 10% of that :))) consultant charges. :)
9th March 2014 From India, Mumbai
Deepa Mam, as there is no notice period to be served, am I eligible to get a month’s salary in advance? Please suggest me on this.
10th March 2014 From India, Delhi
If the company force you to leave without serving the notice period they need to pay you the gratuity of two months i.e. 2 months salary for bread and butter.
10th March 2014 From India, Mumbai
Hi,
As company failed to provide salary slip, security to women employees, makingto work formore than 8 or 9 hrs a day, then join hands together with your colleagues & lodge a complaint to Deputy Labour Commissioner, New Delhi.
If you find the company failed to contribute PF & Gratuity, lodge another complaint to PF Office upon the company.
Upon those receipts of lodged complaint, establish the same to Minstry of corporate affairs.
If you do this properly, you will enjoy a righteous monetory benefits. Also the company will be punished by fine from all these authorities.
11th March 2014 From India, Chennai
Dear Aditi,
Since no notice period was required by either you or the employer it is quitz. Having put in less than 5 years of service you do not qualify for gratuity. As regards your pay please visit the office of the Asstt./ Dy. Labour Commissioner and find out as to who is the Authority under Payment of Wages Act and file an application for your unpaid salary. Side by side you may also advice coolly other unpaid employees also to follow the suit.
The salary shall be recovered from your employer as revenue arrears and the same shall be paid to you.
S.K.Johri
14th March 2014 From India, Delhi
Please tell me where is the law that the company has to give you 2 months gratuity for asking you to leave ?
17th March 2014 From India, Mumbai
Hi, The issue pertaining to asking for gratuity for two months seems to be governed by sheer ignorance of the relevant statute and merits to be treated as such. s.k.johri
18th March 2014 From India, Delhi
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