Feeling Stuck in a Contract Job: What Documents Should I Collect and Are There Legal Protections?

Actually, I am in a critical situation and need someone's help with this. I was working in a company based on a contract for about 6 months. At the beginning, the interviewer mentioned that I would have ESI and PF benefits and also assured me of job security after 6 months. However, after 4 months, when I inquired about my statutory benefits and job assurance, he now claims that he never made such promises and cannot recall what was discussed. This made me feel very disappointed.

I do not even have an employee ID, ESI, PF, or a valid offer letter. I would like to know what documents I should collect from the company after 6 months and whether this situation falls under the contract act. Also, if I were to search for another job at a different company, would I face any issues? If anyone knows a solution, please let me know as I am actively seeking your response.

Dear Archana, what you are facing is truly unfortunate, especially when you have put your best efforts into advancing your career systematically. It is very disheartening how some people or management make false commitments to fulfill a situation. Since you have not received any documents, I can't say whether they are deducting any PF-ESI or what statutory benefits you are entitled to.

Strengthening your case

Still, there are some basic points through which you can strengthen your case.

1. They have not issued any documents to you, but you remember what documents you signed during the recruitment process. Can you arrange copies of those documents?
2. Have you received any pay slips? If yes, then we can identify what deductions were made and what your entitled benefits are.
3. Is the salary being paid in cash or through bank transfer? In the case of a bank transfer, you can claim that you are working for them, and they can't terminate you without any reason. Moreover, in the case of contractual employees, TDS is deducted. You can claim your TDS by filing an ITR.

However, you should not panic. There are many other establishments that take care of employee benefits and share all documents. Look for an alternative job related to your interests and qualifications. If you find a job, give adequate notice and join the new company. It will neither create any problem nor incur any extra cost to you.

Hope the above will motivate you to come out of this difficult situation. Senior members can provide more insights on the matter.

Thank you for your response, Pan Singh. Your words really motivated me a lot. Here, I will tell you based on your queries. Yes, I received my salary by bank transaction, and they didn't give any payslip as of now. I directly spoke with them regarding my ESI and PF. They said, for contract employees, it's not applicable (ESI and PF).

I can remember that I only signed the joining documents; apart from that, I didn't sign anywhere. Please tell me how TDS is applicable to me. I am the only person working based on a contract. Currently, I am working as an HR Coordinator. Please reply to me.

Regards, Archana.K

Dear Archana, please note my observations:

1. Since the pay slip or offer letter is not available, we can't confirm your entitlement to statutory benefits (PF, ESI, Bonus, etc.). However, you receive your salary via bank transfer, so they can't deny your employment with them. This means if the company terminates you, they are obligated to provide a notice period or show a valid contract agreement (duly signed by you) specifying a Fixed Term (period). Moreover, please check whether you are receiving the promised package. For instance, if they offered Rs. 20k as a monthly salary/remuneration, are you receiving that amount or even less?

2. As they have already stated that PF-ESI is not applicable for contract employees, you will not receive these benefits unless they enroll you as an employee.

3. What were the joining documents? How many pages were there? Further comments can be provided only based on the documents signed by you.

4. In the case of Fixed Term Contract (FTC) employment, the company treats the employee as a "PROFESSIONAL" rather than a regular employee. For employees, TDS is deducted only if the salary exceeds the Income Tax Slabs. However, in contractual employment, TDS is applicable to payments made to the professional/contractor. If your annual income is below the Income Tax Rule, you can claim the TDS (Tax deducted from monthly remuneration) from the Income Tax Department.

Senior members can suggest more views.

Hi Pan Singh, I was receiving the salary as per what was mentioned in the interview, e.g., they mentioned 20,000, and I am receiving the same amount, not less than that. It's around 27 pages, including the PF form and nominee form, for all the employees. However, when I was filling out the form, they didn't provide that form. I thought it was missed and that they would give it to me later. But now, I have come to know that they had planned this intentionally.

Payslip and Documents for Contract Employees

I would like to know how the payslip is for contract employees and what documents I need to collect from the company. Please inform me.

Dear Archana, there is nothing to worry about. It seems that due to false commitments (regarding PF-ESI, Bonus, etc.) during the recruitment process, you got confused and are now getting upset over minor issues. Please note my observations:

1. They are paying you the amount as committed. This means you are receiving what you were hired for.

2. No deductions have been made, so TDS is not applicable. You can't claim a refund.

3. They filled the PF-ESI and other forms possibly because it is their standard format applicable to all. Perhaps they have a plan to regularize the contract staff into permanent positions. Therefore, all documents were completed during the initial recruitment process.

4. You do not need to collect any documents from the company. You can request an Experience Certificate or Relieving Letter only when you decide to leave.

5. While the company should share the Offer Letter, Pay Slip, etc., if they are not sharing, it is not a big deal to worry about.

6. Put your best efforts into your job, gain experience, and improve your skills. When you feel you have a better option, search for a new one and then leave the company. However, first, confirm the general Notice Period to avoid any disputes when you decide to leave.

Just calm down; nobody cheated or is withholding your rights.

Please let me know if you need further assistance.

Thank you.