Hi! I have been working with the company for over 5 years. In the first 2 and half years as an employee and later as consultant. This change was made to increase the net take home as the company was not doing well and it could not afford decent hike. From last one and half year we started deducting the part-time leaves if someone gets late (maximum by 30 Minutes) more than 2 times in a month, it was applicable to all the employees. This same rule was applied to me as well though I was shown as a consultant. We also had login and log out time and if you are short of hours then again your leaves use to get adjusted.
We had two others consultants, the company never applied these rules to them. Later one more consultant joined they had the flexibility of leaving early or coming late.
Another issue is of appraisal, where company proposed a particular hike to me in last financial year, which I wanted to negotiate, later I was issued an appraisal hike letter also, which I did not sign but kept it in my drawer. In between I took 2 -3 days leave and when I resumed the duties our MD/HR took that letter from by drawer. Whenever I asked about it I was assured by my MD that she will take care of it at the end of the year.
In December she introduced one of her tenant as an investor and as the events turned our I decided to resign. Since that day I have been chasing my EX MD for my Leave Encashment (about 15 days...all employees are entitled for it ), Gratuity payouts and proposed hike in my last appraisal.
I was in a senior position and assisted her during the all major crisis company faced. Kindly advice if my demand unreasonable or is there a way out.
MD has categorically denied paying a penny. Thanking you in anticipation.

From India, Delhi
Insolvency N Gst Professional


Only a legal battle can help you.
There is confusion whether you are consultant or employee?
What proof of being employee is there?
Many questions will arise and going legal after discussing with your advocate can help .
Take legal advice and go to Labour Officer of the area with available documents.
Once you do this homework, then you will be in better position to get gratuity/LE etc.
Basic issue is you allowed confusion over employment status to cloud your case

From India, Pune
Babu Alexander

Designation may the consultant. Most important is the job responsibility. During the tenure of Consultant, If you have any documentary evidence, to prove, that you were part of any decision making / disciplinary action on any staff members / leave sanction for subordinates/ attendance register / signature for and behalf of Management in any letters / email/ circulars/ any authorized representation before any Government Office, then you may have the chance to claim your gratuity before the controlling authority under Payment of Gratuity Act, by adducing evidences.
From India, Madras

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