Good Evening I had joined an advertising agency this past April. My companies head office is in Meerut and I work in its Delhi Branch where I work along with just one more guy who is my senior. Within my first 15 days, company was asking me to visit its head office to mingle with other staff and I was hesitant in doing so as my fathers health was not good and had informed my seniors that and I wasn't told beforehand that I would be required to visit the head office. Also I kept asking them for a joining letter but they kept stalling saying they will look into it. After working without an appointment letter for 2 months this past June I went to office and asked him whether he is going to give me the joining letter or not he simply said these are just formalities they don't hold any value in professional career. I told him its not possible for me to work in such a condition and left the organisation. SInce then I haven't been paid my salary for the month of May.
Now no joining letter was provide neither I signed any document hence notice period is invalid. Company doesnt provide any payment slip/salary slip. They paid me through direct bank transfer for my first month. I am their designer. I design their product which goes for manufacturing. They main deal in counter-tops, display units and such stuff. I had worked their for 2 months. Now I've written a letter to Deputy Labour Commissioner of East Delhi in which I have detailed everything of how they didn't provide any joining letter, how I was made to work overtime, how the company was pressuring to provide complex designs in very little time and how my off days were being cancelled in order to complete projects. I sent two copies to the Delhi Branch (where I work) and Meerut Head Office. the company called my instructor (who helped me get this job) and told him that I should take my complaint back or they would file a counter claim and ruin my career.
This evening I received an email from the director of my company which stated that he was only aware that I was a PART-TIME EMPLOYEE working on a PER DESIGN BASIS for the company. Also his email stated that I was asked to come to Meerut (head-office) with my original documents in order to obtain an appointment letter which I did not do.
There are 2 major discrepancies in this reply of the director. First is that I was under the impression that I was a permanent employee working a 9-5 job for this company for a certain amount as salary. If the director is saying that my role was on a per design basis that would mean that I should get paid on a per design basis i.e like a freelancer. Also since I work as a freelancer on the side as well to supplement my income, I actually charge anywhere between 1k-6k or sometimes more depending upon the projects. Since I had not signed any agreement with this company which clearly stated how much they would pay me on a per design basis, can I now demand that I be paid on a per design basis on a sum decided by me?
Secondly, I was asked to go to head-office to meet other employees but never was there any mention of obtaining any appointment letter. I refused since at that time my father was ill and that was not something that was informed to me during my interview and since there is no appointment letter provided it didn't constitute in my job description either. Also do companies generally ask their employees to visit their head-offices to get an appointment letter?
This is the first time I'm hearing of such practice. what should be my next step? Should I now consult a professional advocate and file a claim that they've underpaid me this entire time since I was with the company on a per-design basis but paid only monthly. And since I did not sign any agreement which stated how much I would be paid for these designs can I now ask for the market price which freelancers generally get for their work?
From India, Delhi
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