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I joined a Pvt Ltd company six months back.
In offer letter, they did not mention anything about terms and condition.
They said some conditions verbally.
Now they have given me appointment letter.
They deduct salary immediately if you take any leave i.e no work no pay basis.
But in appointment letter, they mention about that notice period is 3 months.
There is no PF deduction in my salary.
So, kindly let me know whether appointment letter of this kind is valid. where they deduct money for each leave and no PF .
They asked me if you leave job, you have to pay 3 months full salary.
If this is illegal, then where I can challenge.
16th August 2017 From India, Kolkata

Dinesh Divekar
Business Mentor, Consultant And Trainer
Gopinath Varahamurthi
Ass.professor/adm. Officer Ar Sri Krishna
Ashutosh Thakre
Hr Professional
+1 Other

The Clause of 3 months is valid and the notice period clause varies from 1 month to 6 months depending upon the designation of the person.

Also, the leaves are usually credited to the person from the date of confirmation or on completion of the year. Therefore, if you have taken any leaves then they would be LWP (Leave without Pay).

Nothing is illegal in any of the queries that you have mentioned above. Also, normally the offer letter does not include the terms and conditions. It is the appointment letter that includes them.

Regards,
16th August 2017 From India, Mumbai
Dear Babunath,

Roughly I find three issues in your post viz deduction of wages for leave, three months notice period and not having PF facility. Each is independent of other. Going further, all the three things are not generally reflected in the appointment letter.

Now coming to first point on employee leave. We do not know whether your company is registered under Factories Act or Shops and Establishment Act. Therefore, we need to check the provisions about employee leave mentioned in the either act of your state. Nevertheless, as per the guidelines of the other states, it can be said that roughly you are eligible for a day's leave for every month of your employment in the first year. Zero leave is against the law. Each company is expected to provide leave card to its employees and every month addition or deduction should be recorded in this book. Few companies do this in the monthly salary slip itself. If you are aggrieved on account of wage deduction for leave then you may make a complaint to the labour office.

Your second point is about the notice period of three months. It is employer's choice on how to design the terms and conditions of the employment. Yes, these should have been communicated to well before recruitment but hardly any company will talk about the separation from the organisation right at the recruitment state itself. Going further, many companies have this clause. Therefore, your company is no different.

Lastly about not providing the PF facility. How many employees are working in your company? If it is more than 10 then you are eligible for PF. You may make a complaint in the PF office for not providing the PF facility.

Notwithstanding the shortcomings in your organisation, the question arises is should you accept these unfavourable conditions or make a formal complaint to the respective legal authority. Nevertheless, the question arises is whether you need employment? You may take on your employer but then incensed at the complaint, they will try to remove you on some or other reason. Therefore, take the call of complaint judiciously. Continue 1-2 years in this company, look for better employment and quit!

Thanks,

Dinesh Divekar
16th August 2017 From India, Bangalore
Dear Friends,

It is the issue of whole nation, no one is loyal to the employee, now, no employee is loyal to employer, what Shri Dinesh Divekar say here, quit when opportunity comes to you, search for good opportunity, always, true to yourself..the days were changed, no trust, no accountability, no respect, none bothered about you.. cut throat competition, accusations, back biting have common in every field, stealing you information, data selling, kicking you out without considerations are all common today.. The humane touch slowly died and inhumane activity is here to rule, ladies are the most sufferers, there is no compassionate on any ground..

still we are united ....
19th August 2017 From India, Arcot
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