Respected domain experts, thanks for the opportunity to share my case.
I received an offer letter from the organization in December 2016 at the time of joining. I was confirmed in July 2017 with a salary hike, but I was not given an appointment letter, nor was any email sent regarding my confirmation in the organization. In July 2018, I received another hike with a promotion in designation, but again, no promotion letter was given, and no email was sent regarding my promotion. In January 2020, I received another hike without any letter mentioning it, nor was any email sent about the salary hike.
From March 2020, deductions started until November 2020, i.e., variable pay without any clarification for salary deduction. On November 2, 2020, I was verbally informed by the director that he was going to shut all operations and wind up the company, so there would be no work from December 2020, without any written notice or email.
From October 22 to October 25, the office remained closed for public holidays. I was present at work until October 21, 2020, but was absent on October 25. The salary was deducted for all four days of public holidays because I was absent the day after the last holiday.
By the end of my 4-year tenure from December 2016 to November 2020 in the organization, the director did not provide any appointment letter, promotion letter, payslips, termination notice, or any other proof of employment other than an offer letter. From March 2020 to November 2020, the salary was paid late.
Response of the Organization Regarding Documents
1) Termination Notice: Denied with the logic that questions will be asked as to why the organization gave me notice. They suggested I resign, then no questions will be asked in interviews.
2) Release letter, appointment letter, and payslips: Denied by saying they don't provide these documents. If I join a new organization, they asked me to have them call for verification, and they would explain everything.
3) Exit from PF: Asked to send an email requesting the 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's full salary?
The office was vacated without informing us. I have kept many belongings in the office, like some documents, files, and personal belongings. When I asked for my belongings, the director replied that he would check and let me know where they were shifted to. At present, the company has no registered office, corporate office, or branch office. Directors meet people in coffee shops for any discussion.
My Questions Are:
1) What is the proof of salary amount in the absence of payslips and an appointment letter, as 12 different amounts were transferred in 12 different months?
2) What is the way to prove that the PF amount deducted from my share was full, but the salary paid was done after deduction?
3) What is the process to claim 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 do I know what my entitlements are after working for 4 years?
7) What is the process to know if I am still employed there, as there are no documents for my exit from this organization?
8) Is it mandatory for an organization to mention the designation and working hours in the offer letter?
9) How do I know the total number of leaves available after 3 years?
10) How do I know the amount of overtime where I remained present at the workplace for more than 72 hours?
11) How do I know the amount of payment that should be made to me for working on May 1st and August 15th?
12) How do I know what should be the amount of bonus that 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 being marked absent on public holidays?
From India, Kolkata
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I received an offer letter from the organization in December 2016 at the time of joining. I was confirmed in July 2017 with a salary hike, but I was not given an appointment letter, nor was any email sent regarding my confirmation in the organization. In July 2018, I received another hike with a promotion in designation, but again, no promotion letter was given, and no email was sent regarding my promotion. In January 2020, I received another hike without any letter mentioning it, nor was any email sent about the salary hike.
From March 2020, deductions started until November 2020, i.e., variable pay without any clarification for salary deduction. On November 2, 2020, I was verbally informed by the director that he was going to shut all operations and wind up the company, so there would be no work from December 2020, without any written notice or email.
From October 22 to October 25, the office remained closed for public holidays. I was present at work until October 21, 2020, but was absent on October 25. The salary was deducted for all four days of public holidays because I was absent the day after the last holiday.
By the end of my 4-year tenure from December 2016 to November 2020 in the organization, the director did not provide any appointment letter, promotion letter, payslips, termination notice, or any other proof of employment other than an offer letter. From March 2020 to November 2020, the salary was paid late.
Response of the Organization Regarding Documents
1) Termination Notice: Denied with the logic that questions will be asked as to why the organization gave me notice. They suggested I resign, then no questions will be asked in interviews.
2) Release letter, appointment letter, and payslips: Denied by saying they don't provide these documents. If I join a new organization, they asked me to have them call for verification, and they would explain everything.
3) Exit from PF: Asked to send an email requesting the 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's full salary?
The office was vacated without informing us. I have kept many belongings in the office, like some documents, files, and personal belongings. When I asked for my belongings, the director replied that he would check and let me know where they were shifted to. At present, the company has no registered office, corporate office, or branch office. Directors meet people in coffee shops for any discussion.
My Questions Are:
1) What is the proof of salary amount in the absence of payslips and an appointment letter, as 12 different amounts were transferred in 12 different months?
2) What is the way to prove that the PF amount deducted from my share was full, but the salary paid was done after deduction?
3) What is the process to claim 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 do I know what my entitlements are after working for 4 years?
7) What is the process to know if I am still employed there, as there are no documents for my exit from this organization?
8) Is it mandatory for an organization to mention the designation and working hours in the offer letter?
9) How do I know the total number of leaves available after 3 years?
10) How do I know the amount of overtime where I remained present at the workplace for more than 72 hours?
11) How do I know the amount of payment that should be made to me for working on May 1st and August 15th?
12) How do I know what should be the amount of bonus that 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 being marked absent on public holidays?
From India, Kolkata
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Based on the situation described, it is crucial to take appropriate steps to address the issues faced in your employment. Here are some practical steps you can consider:
1. Proof of Salary Amount: Request a detailed salary statement from the HR or payroll department showing the breakdown of each month's salary credited to your account.
2. PF Deductions Verification: Obtain your PF statement from the PF office or online portal to verify the deductions made and ensure they match the actual deductions from your salary.
3. Claiming Unlawfully Deducted Salary: Seek legal advice or consult with a labor union representative to understand the process of filing a complaint with the labor department for unlawfully deducted salary.
4. Leave Adjustment: Request a leave statement from the HR department to know how many leaves were adjusted against your salary during your employment.
5. Employment Documents: Send a formal written request to the HR department or management for providing you with copies of your employment documents for applying to another organization.
6. Entitlements After 4 Years: Refer to the labor laws or company policies to understand your entitlements after completing 4 years of service, including benefits, bonuses, and notice periods.
7. Employment Status Confirmation: Seek clarification from the HR department or management regarding your current employment status and request an official confirmation in writing.
8. Offer Letter Details: While it may not be mandatory, it is advisable for organizations to mention the designation and working hours in the offer letter for clarity and transparency.
9. Leave Balance Inquiry: Request your HR department for a leave balance statement to know the total number of leaves available after completing 3 years of service.
10. Overtime Calculation: Check the labor laws or company policies to understand the calculation method for overtime hours worked beyond the standard working hours.
11. Payment for Public Holidays: Seek clarification from the HR department regarding the payment for working on public holidays and ensure you are compensated correctly.
12. Bonus Payment: Request details from the HR department about the bonus structure and payment criteria to determine the amount of bonus that was not paid last year.
13. Unpaid Sunday Work: Consult with the HR department to address the issue of unpaid work done on Sundays and seek proper compensation for the same.
14. Salary Deduction Clarification: Discuss with the HR department the reasons for salary deductions after being marked absent on public holidays and seek clarification on the deduction process.
It is advisable to document all communications and interactions with the organization for future reference and seek legal advice if necessary to protect your rights as an employee.
From India, Gurugram
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541. Proof of Salary Amount: Request a detailed salary statement from the HR or payroll department showing the breakdown of each month's salary credited to your account.
2. PF Deductions Verification: Obtain your PF statement from the PF office or online portal to verify the deductions made and ensure they match the actual deductions from your salary.
3. Claiming Unlawfully Deducted Salary: Seek legal advice or consult with a labor union representative to understand the process of filing a complaint with the labor department for unlawfully deducted salary.
4. Leave Adjustment: Request a leave statement from the HR department to know how many leaves were adjusted against your salary during your employment.
5. Employment Documents: Send a formal written request to the HR department or management for providing you with copies of your employment documents for applying to another organization.
6. Entitlements After 4 Years: Refer to the labor laws or company policies to understand your entitlements after completing 4 years of service, including benefits, bonuses, and notice periods.
7. Employment Status Confirmation: Seek clarification from the HR department or management regarding your current employment status and request an official confirmation in writing.
8. Offer Letter Details: While it may not be mandatory, it is advisable for organizations to mention the designation and working hours in the offer letter for clarity and transparency.
9. Leave Balance Inquiry: Request your HR department for a leave balance statement to know the total number of leaves available after completing 3 years of service.
10. Overtime Calculation: Check the labor laws or company policies to understand the calculation method for overtime hours worked beyond the standard working hours.
11. Payment for Public Holidays: Seek clarification from the HR department regarding the payment for working on public holidays and ensure you are compensated correctly.
12. Bonus Payment: Request details from the HR department about the bonus structure and payment criteria to determine the amount of bonus that was not paid last year.
13. Unpaid Sunday Work: Consult with the HR department to address the issue of unpaid work done on Sundays and seek proper compensation for the same.
14. Salary Deduction Clarification: Discuss with the HR department the reasons for salary deductions after being marked absent on public holidays and seek clarification on the deduction process.
It is advisable to document all communications and interactions with the organization for future reference and seek legal advice if necessary to protect your rights as an employee.
From India, Gurugram
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Employment and Salary Trends in the Gulf 2012.pdf