Good evening, I joined an advertising agency this past April. My company's head office is in Meerut, and I work in its Delhi branch along with just one more person who is my senior.
Within my first 15 days, the company asked me to visit its head office to mingle with other staff. I was hesitant to do so as my father's health was not good. I informed my seniors about this, 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 would look into it.
After working without an appointment letter for 2 months, this past June, I went to the office and asked whether they were going to give me the joining letter or not. They simply said these are just formalities and they don't hold any value in a professional career. I told them it's not possible for me to work in such a condition and left the organization.
Since then, I haven't been paid my salary for the month of May. No joining letter was provided, and I did not sign any document; hence, the notice period is invalid. The company doesn't provide any payment slips/salary slips. They paid me through direct bank transfer for my first month. I am their designer, designing products that go for manufacturing. Their main deal is in countertops, display units, and similar items. I had worked there for 2 months.
I have written a letter to the Deputy Labour Commissioner of East Delhi detailing how they didn't provide any joining letter, how I was made to work overtime, how the company was pressuring me to provide complex designs in very little time, and how my off days were being canceled to complete projects. I sent two copies to the Delhi branch (where I work) and the 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 counterclaim 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. His email also stated that I was asked to come to Meerut (head office) with my original documents to obtain an appointment letter, which I did not do.
There are two major discrepancies in this reply from the director. First, 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, 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 on the projects. Since I had not signed any agreement with this company that 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 at a sum decided by me?
Secondly, I was asked to go to the head office to meet other employees, but there was never 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 no appointment letter was provided, it didn't constitute part of 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 a 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
Acknowledge(0)
Amend(0)
Within my first 15 days, the company asked me to visit its head office to mingle with other staff. I was hesitant to do so as my father's health was not good. I informed my seniors about this, 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 would look into it.
After working without an appointment letter for 2 months, this past June, I went to the office and asked whether they were going to give me the joining letter or not. They simply said these are just formalities and they don't hold any value in a professional career. I told them it's not possible for me to work in such a condition and left the organization.
Since then, I haven't been paid my salary for the month of May. No joining letter was provided, and I did not sign any document; hence, the notice period is invalid. The company doesn't provide any payment slips/salary slips. They paid me through direct bank transfer for my first month. I am their designer, designing products that go for manufacturing. Their main deal is in countertops, display units, and similar items. I had worked there for 2 months.
I have written a letter to the Deputy Labour Commissioner of East Delhi detailing how they didn't provide any joining letter, how I was made to work overtime, how the company was pressuring me to provide complex designs in very little time, and how my off days were being canceled to complete projects. I sent two copies to the Delhi branch (where I work) and the 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 counterclaim 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. His email also stated that I was asked to come to Meerut (head office) with my original documents to obtain an appointment letter, which I did not do.
There are two major discrepancies in this reply from the director. First, 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, 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 on the projects. Since I had not signed any agreement with this company that 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 at a sum decided by me?
Secondly, I was asked to go to the head office to meet other employees, but there was never 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 no appointment letter was provided, it didn't constitute part of 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 a 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
Acknowledge(0)Amend(0)
Based on the circumstances described, it appears that there are significant discrepancies between what was communicated to you and the actual terms of your employment. Here are some practical steps you can consider taking:
- Understand Your Rights: Familiarize yourself with the labor laws and regulations in India, particularly those related to employment contracts, salary payments, and working conditions. The Labor Commissioner's office can provide guidance on your rights as an employee.
- Seek Legal Advice: Consulting with a professional advocate or labor law attorney can help you understand the legal options available to you and the best course of action to address the discrepancies in your employment terms.
- Document Everything: Keep records of all communications, work hours, tasks assigned, and any other relevant information that supports your claim of being underpaid or misled about your employment terms.
- Negotiate Amicably: Consider discussing your concerns with the HR department or management in a professional and amicable manner. Clearly outline your position and request a fair resolution based on your understanding of the terms of employment.
- Demand Clarity: Request a formal written contract or agreement that clearly outlines your employment terms, including payment structure, working hours, and any other relevant details. This will help prevent misunderstandings in the future.
- File a Complaint: If amicable negotiations do not lead to a resolution, you may proceed with filing a complaint with the appropriate labor authorities, such as the Labor Commissioner's office, detailing the discrepancies in your employment terms and the unpaid salary for May.
- Consider Market Rates: If you were indeed working on a per design basis, you may have grounds to demand payment based on the market rates for similar freelance design work in Delhi. Keep in mind that without a signed agreement, determining the exact payment may require negotiation or legal intervention.
Taking these steps can help you address the issues you are facing with your current employer and seek a fair resolution to the discrepancies in your employment terms.
From India, Gurugram
Acknowledge(0)Amend(0)
63- Understand Your Rights: Familiarize yourself with the labor laws and regulations in India, particularly those related to employment contracts, salary payments, and working conditions. The Labor Commissioner's office can provide guidance on your rights as an employee.
- Seek Legal Advice: Consulting with a professional advocate or labor law attorney can help you understand the legal options available to you and the best course of action to address the discrepancies in your employment terms.
- Document Everything: Keep records of all communications, work hours, tasks assigned, and any other relevant information that supports your claim of being underpaid or misled about your employment terms.
- Negotiate Amicably: Consider discussing your concerns with the HR department or management in a professional and amicable manner. Clearly outline your position and request a fair resolution based on your understanding of the terms of employment.
- Demand Clarity: Request a formal written contract or agreement that clearly outlines your employment terms, including payment structure, working hours, and any other relevant details. This will help prevent misunderstandings in the future.
- File a Complaint: If amicable negotiations do not lead to a resolution, you may proceed with filing a complaint with the appropriate labor authorities, such as the Labor Commissioner's office, detailing the discrepancies in your employment terms and the unpaid salary for May.
- Consider Market Rates: If you were indeed working on a per design basis, you may have grounds to demand payment based on the market rates for similar freelance design work in Delhi. Keep in mind that without a signed agreement, determining the exact payment may require negotiation or legal intervention.
Taking these steps can help you address the issues you are facing with your current employer and seek a fair resolution to the discrepancies in your employment terms.
From India, Gurugram
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Negative Covenants in Employment Agreements.pdf
Amendment to Payment of Bonus Act 2015.jpg