AmitabhdasRespected domain experts, Thanks for the opportunity where i can share my case.
I got an offer letter from the organization in Dec 2016 at the time of joining.
I got confirmed in July 2017 with a salary hike but no appointment letter i was given, no mail sent either on my confirmation in the organization.
I July 2018 again I got a hike with a promotion in designation but no promotion letter i was given, no mail sent either on my promotion.
In January 2020 again i got a hike with no letter mentioning my hike, no mail sent either on salary hike.
From March 2020 i started getting deduction till Nov 2020 i.e., variable pay without any clarification for salary deduction.
November 2, 2020. Verbally informed by the director he is going to shut all operations and winding up the company. So there will be no work from December 2020.without any notice in written or in mail.
From 22 October to 25 October office remained closed for public holidays. I remained present on work till 21st October 2020. But absent on 25th October. The salary was deducted for all 4 days of public holidays for the reason I remained absent next to the last day of the holiday.
Till the end of 4-year tenure from December 2016 till Nov 2020 in the organization, Director did not provide any Appointment letter, Promotion letter, Payslips and Termination Notice or any other proof of employment other than an offer letter.
From march 2020 till Nov 2020 salary was paid delayed.
Following is the response of the organization when asking about the Documents:
1) Termination Notice: Denied with the logic that question will be asked as to why the organization has given me notice. Suggested, else I should give a resignation then no questioned will be asked in interviews.
2) Release letter, Appointment letter, and Payslips: Denied by saying we don’t provide these documents. If you join a new organization then ask them to call me for verification, I will explain everything.
3) Exit from PF: Asked to send an email for a request for putting exit date.
Clause as per the offer letter
“During the probation period, your service may be terminated by the company at any time without any notice or showing any reason. If you are to terminate the service during probation, you are obliged to give one month’s salary (CTC) in lieu of termination notice, 30 days in advance, to the company. Therefore, your services may be terminated by giving 30 days notice/pay either by the Company or by you.”
Based on the above-mentioned clause can I get my notice month full salary?
Office vacated without informing us, I have kept many belongings of mine in office like some documents, files and personal belongings. On asking for my belonging Director replied i will check and let you know where they are got shifted to. At present, the company has no registered office, corporate office or Branch office.
Directors meet people in a coffee shops for any discussion.
My questions are :
1) What is the proof of salary amount in absence of the payslips and appointment letter as 12 different amounts transferred in 12 different months?
2) What is the way to prove the PF amount deducted from my share was full but the salary paid was done after deduction?
3) What is the process to claim so that I get my full salary which was deducted unlawfully?
4) What is the process to know how many leaves were adjusted against my salary?
5) What is the process to get my employment documents for applying to another organization?
6) How to know what are my entitlements after working for 4 years.
7) What is the process to know if I am still employed there as there are documents for my exit from this organization?
8) Is mandatory for an organization to mention the designation and working hours in the offer letter?
9) How to know the total no of leaves available after 3 years?
10) How to know the amount of overtime where I remained present at workplace for more than 72 hours?
11) How to know the amount of payment should be made to me for working on 1st May and 15th August
12) How to know what should be the amount of bonus which was not paid last year?
13) How can I get the unpaid amount for work done on Sundays?
14) How would I get my salary which was deducted after marking absent on Public holidays ?
Please note ,Story is same for 3 employees from March 2020 to November 2020.
1 has completed 4 years,1 has completed 7 years 3 months and 1 has completed 2 years 11 months.
An another employee who was not given a salary for the month of the march have sent mail with many reminders for release of salary , but director did not given reply to any single mail. This happened with every other staff. None get last month salary and documents even after sending mail multiple times.
So, sending mail for due salary does not work .
I appreciate for reading my post.
Thanks and Regards
From India, Kolkata
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
After reading your long post, the only thing I could make out is, how can all the employees work so blindly with any company for such a long duration, when there is so much scam in the market.
So, the basic and the obvious solution to your concerns is to sit and relax, and hope to get a new jobs that can accept your work history.
The logical solution can be :
1) Bank account statements for the amount transferred, provided you guys have not accepted the cash salaries.
2) Login to PF website with the UAN no. shared by your previous employer.
3) to 7) No valid solution available, as you do not have anything to prove your employer's fault.
9) to 14) No valid solution available, as you do not have anything to prove your employer's fault.
From India, Noida