Feeling Stuck in a Joint Venture: How Can We Address Unfair Treatment and Lack of Policies?

Employment Issues with Joint Venture Company

I and four other executives were recruited and posted by a PSU at one of its joint venture companies. We have been subjected to physical, mental, and social trauma for the past five years due to the prejudicial behavior of our employer. We have not been given the pay, perks, and promotions (even though it was mentioned in the advertisement) since joining, as per company rules. We applied to the PSU through an open advertisement, were interviewed, and based on the interview, received an Offer of Appointment from its joint venture project and were posted here as our first posting. The terms and conditions were the same as those in the advertisement and interview letter.

Our employer is stating that we will be treated as employees of the JV company since we accepted the offer from the JV company. This JV company has not established any policies related to pay, perks, promotions, etc., up to this date. They are now planning to create company policies after five years of our joining.

Kindly provide a legal view on the issue as we are requesting the company management to treat us as your employees because you advertised, interviewed us, and placed us at your JV. Additionally, it was mentioned in the interview letter that we could be posted at any of its JVs/subsidiaries.

Regards

There seems to be a little confusion here. Are we saying that you are not getting paid at all? Are we saying that you are not being considered as an employee of either of the companies, or what? We need a little more elaboration on all the issues first before we can suggest anything.

Employment Discrepancy at Joint Venture Company

I and four other executives were recruited and posted by a PSU at one of its joint venture companies with a state government. We have been subjected to physical, mental, and social trauma for the past five years due to the prejudicial behavior of our employer. We have not been given the revised pay effective from 01.01.2007 (even though it was mentioned in the advertisement) or promotions since joining.

We applied to the PSU through an open advertisement, were interviewed by them, and based on the interview, received an Offer of Appointment from its joint venture company and were posted here. The full management of the JV is controlled by the PSU company only. Upon joining, the employer now states that we will be treated as employees of the JV company since we accepted the offer from them. This information was not disclosed to us before joining; we were under the impression that this was part of the same entity.

The JV company currently does not have any policies regarding pay, perks, promotions, etc. They are now planning to establish company policies, such as pay structures and promotion policies, after five years of our joining.

Kindly provide a legal perspective on the issue as we are requesting the company management to consider us as their employees, given that we were advertised, interviewed, and placed at their JV. Additionally, it was stated in the interview letter that we could be posted at any of its JVs or subsidiaries.

Employment Issues with Joint Venture Company

I, along with four other Executives, were recruited and assigned by a PSU to one of its joint venture companies with a state government. We have been subjected to physical, mental, and social trauma for the past five years due to prejudicial behavior by our employer. We have not received the revised pay effective from 01.01.2007 (even though it was mentioned in the advertisement) and have not been promoted since joining.

We applied to the PSU through an open advertisement, were interviewed, and based on the interview, received an Offer of Appointment from its joint venture company and were posted here. The full management of the JV is controlled by the PSU company only. However, after joining, the employer informed us that we would be treated as employees of the JV company as we accepted the offer from them. This information was not disclosed before joining, and this JV company currently lacks any policies regarding pay, perks, promotions, etc. They are still paying us based on the old scales mentioned in our advertisement. Now, after five years of our joining, they are planning to establish company policies such as pay structures and promotion policies.

Seeking Legal Advice

We seek legal advice on the matter as we have requested the company management to treat us as their employees since we were advertised, interviewed, and posted at their JV. Additionally, it was stated in the interview letter that we could be posted at any of its JVs/subsidiaries.

Kindly provide your insights on this issue.

Thank you.