I was working with a private limited company, but they are not deducting PF and ESIC. I have worked for 4 months. I left the company by giving 8 days' notice, although they have not provided me with an appointment letter or offer letter. I have handed over my job properly, but they told me to give 15 days' notice, which I didn't comply with. Now, they are not giving my last month's salary. Kindly advise whether I should file a complaint with the labor officer. Where in Vasai should I lodge a complaint? Please provide me with the address/email ID.
Regards,
Georgia
From India, Vashi
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1Regards,
Georgia
From India, Vashi
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Dear,
In the clause mentioned in the appointment letter, it needs to be considered. If there is a clause stating that if an employee does not serve a 15-day notice in lieu of the notice period, one month's salary will be deducted, then there is nothing you can do.
From India, Mumbai
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In the clause mentioned in the appointment letter, it needs to be considered. If there is a clause stating that if an employee does not serve a 15-day notice in lieu of the notice period, one month's salary will be deducted, then there is nothing you can do.
From India, Mumbai
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Not having an appointment letter cannot be the answer. The company can always argue that you were given one and you did not sign it. The exit clause is generally a well-known clause, especially after working with them for 4 months. Therefore, the first step should be to try to speak with the higher-ups and resolve the issue internally. Only if that fails, consider going directly to the contract labor officer. Proving your employment could be challenging in that case, as you mention that no letter was issued, and there were no PF/ESIC deductions.
Regards, Ashutosh Thakre
From India, Mumbai
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Regards, Ashutosh Thakre
From India, Mumbai
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They have not given me appointment letter . Then how will i know there clause. i was on probation period . so i think notice period clause will not be applicable.
From India, Vashi
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From India, Vashi
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I was on a probation period, so there was no need to give notice. They were not deducting PF/ESIC for anyone. If there are 15 employees, why are they not deducting PF/ESIC? Their leave starts after completing one year.
From India, Vashi
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From India, Vashi
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The PF and ESIC deductions start after the firm has 20 employees. So if there were only 15 employees, they need not deduct the same. Also, there is a clause on the notice period even when you are on probation. Also, were you getting the payslips, or have you got the company ID card to prove that you worked with the company? You will need those when you approach the labor court.
So, my advice to you is to personally meet the seniors in the company and solve the problem. They might want you to come to the office and do the clearance before they proceed with the dues. Please go personally and speak with the senior management.
Regards, Ashutosh Thakre
From India, Mumbai
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So, my advice to you is to personally meet the seniors in the company and solve the problem. They might want you to come to the office and do the clearance before they proceed with the dues. Please go personally and speak with the senior management.
Regards, Ashutosh Thakre
From India, Mumbai
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If your salary is more than Rs 18000/-om the Labor officer cannot do much on this issue. Varghese Mathew 09961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Its less than 18000/- its Rs. 11000/- pm. Kindly suggest what can be done.
From India, Vashi
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From India, Vashi
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My advice - forget about this.
Without an appointment letter or salary slip, you cannot prove that you were employed in that organization. These documents are required if you wish to join a professional organization.
Next time, make sure you have the appointment letter and payslips or leave that organization as soon as possible.
Regards,
From India, Mumbai
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Without an appointment letter or salary slip, you cannot prove that you were employed in that organization. These documents are required if you wish to join a professional organization.
Next time, make sure you have the appointment letter and payslips or leave that organization as soon as possible.
Regards,
From India, Mumbai
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if u have salary slip(s) / id card with you? submit the xerox copies to your new organization and if they requires give an undertaking letter stating the facts. -krishna
From India, Hyderabad
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From India, Hyderabad
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If so you can make a complaint to the Payment of Wages Authority of your local area.He will be an officer of the labour department. Varghese Mathew
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Yes, I agree. There is nothing you can do if you have no documents as proof of employment.
From Philippines, Cebu
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From Philippines, Cebu
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Dear Georgia,
This is a very common issue with most private firms. I would like to provide you with some guidance to help resolve your issue:
Before you proceed with any legal actions, you need to be prepared to prove that you were an employee in the organization. To do so, I need to know the following:
1. How many of you joined the organization during the same period and their status.
2. How was attendance taken by the firm for its employees.
3. Were you provided with the PF number.
4. Did you sign any official documents for the smooth functioning of the organization.
5. What is the mode of salary payment in the organization?
Please revert back, and we will try to assist you in getting your salary back or direct you to my friend at harsubhmys@yahoo.co.in.
Regards,
Raghavendra G
From India, Bangalore
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This is a very common issue with most private firms. I would like to provide you with some guidance to help resolve your issue:
Before you proceed with any legal actions, you need to be prepared to prove that you were an employee in the organization. To do so, I need to know the following:
1. How many of you joined the organization during the same period and their status.
2. How was attendance taken by the firm for its employees.
3. Were you provided with the PF number.
4. Did you sign any official documents for the smooth functioning of the organization.
5. What is the mode of salary payment in the organization?
Please revert back, and we will try to assist you in getting your salary back or direct you to my friend at harsubhmys@yahoo.co.in.
Regards,
Raghavendra G
From India, Bangalore
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It is not obligatory for the company to give appointment letter, salary slip, ID card????
From India, Vashi
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From India, Vashi
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I joined the company through placement. One more lady joined two months before me. Attendance was taken on the muster and punching machine. No PF or ESIC provided. No official documents were signed. Salary was deposited directly into the bank.
From India, Vashi
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From India, Vashi
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Hi,
I have noted your contents. For the 4 months you worked in that case, you might have signed in the attendance. As per the Labor Act for staff leave (skilled), if anybody continuously worked for 21 days, they are eligible for all benefits without leave, please note. Also, in your case, it's minor. You have to talk amicably and discuss your future. If you approach the labor office, the company will have a problem. I hope you don't have any bad intentions against that company. HR personnel should be problem solvers, not problem creators. If you are in HR, please take note. The above applies to all grades in skilled employment.
Additionally, if you receive a probationary order, please read the terms carefully and act accordingly.
Regards,
Vijayalakshmi J
From India, Chennai
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I have noted your contents. For the 4 months you worked in that case, you might have signed in the attendance. As per the Labor Act for staff leave (skilled), if anybody continuously worked for 21 days, they are eligible for all benefits without leave, please note. Also, in your case, it's minor. You have to talk amicably and discuss your future. If you approach the labor office, the company will have a problem. I hope you don't have any bad intentions against that company. HR personnel should be problem solvers, not problem creators. If you are in HR, please take note. The above applies to all grades in skilled employment.
Additionally, if you receive a probationary order, please read the terms carefully and act accordingly.
Regards,
Vijayalakshmi J
From India, Chennai
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[QUOTE=georgia dias;2170876]It is not obligatory for the company to give an appointment letter, salary slip, ID card????
If you speak of the obligation of the company, then it is not your responsibility to demand. Last but not least, with regards to ESIC/PF, your company may not be under the purview of the respective applicability. Concerning leave, you are eligible for Casual/Sick Leave only right now; even the EL/PL eligibility comes after 240 days of your tenure with the company. So, it is advisable if you are leaving for this reason only then it is your ignorance; please get advice from your HR before taking any drastic step that may hamper your career. The rest is your choice.
From India, Ahmadabad
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If you speak of the obligation of the company, then it is not your responsibility to demand. Last but not least, with regards to ESIC/PF, your company may not be under the purview of the respective applicability. Concerning leave, you are eligible for Casual/Sick Leave only right now; even the EL/PL eligibility comes after 240 days of your tenure with the company. So, it is advisable if you are leaving for this reason only then it is your ignorance; please get advice from your HR before taking any drastic step that may hamper your career. The rest is your choice.
From India, Ahmadabad
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Hi,
In a situation where you have no documentary proof to show your employment with the company, as well as the nature of employment, it is better to let go of the story and start afresh elsewhere. Please take care and be cautious in the future.
Regards,
S.K. Johri
From India, Delhi
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In a situation where you have no documentary proof to show your employment with the company, as well as the nature of employment, it is better to let go of the story and start afresh elsewhere. Please take care and be cautious in the future.
Regards,
S.K. Johri
From India, Delhi
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Dear All,
Whatever the circumstances relating to the issuing of appointment letters, salary slips, or identity cards may be, no employer can withhold the payable salary, which is a gross violation of the Payment of Wages Act.
Dear Georgia, you have mentioned that no deductions on account of ESIC & EPF have been made by your employer, but you have not clarified whether the establishment is registered under the provisions of the acts and whether your salary was within the ceiling limits. If yes, the management has deprived you of the due benefits.
In such a situation, first of all, you should follow up on your case within the management. If no response is received, you can file a complaint before the Labour cum Conciliation officer of the area and also write to the RPFC, EPFO, and RD, ESIC for non-compliance. However, you have to establish being an employee of the establishment.
P K Sharma.
From India, Delhi
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Whatever the circumstances relating to the issuing of appointment letters, salary slips, or identity cards may be, no employer can withhold the payable salary, which is a gross violation of the Payment of Wages Act.
Dear Georgia, you have mentioned that no deductions on account of ESIC & EPF have been made by your employer, but you have not clarified whether the establishment is registered under the provisions of the acts and whether your salary was within the ceiling limits. If yes, the management has deprived you of the due benefits.
In such a situation, first of all, you should follow up on your case within the management. If no response is received, you can file a complaint before the Labour cum Conciliation officer of the area and also write to the RPFC, EPFO, and RD, ESIC for non-compliance. However, you have to establish being an employee of the establishment.
P K Sharma.
From India, Delhi
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Ms Vijayalakshmi For academic interest please tell which labor law states that after 21 days of continuous working one is eligible for all benefits excepts leave.? Varghese Mathew 09961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear all,
I wish you all a happy 68th Independence Day.
If an employee is employed in shops and commercial establishments, the particular State Shop Act prescribes the period of notice by the employee and employer. For example, The Punjab Shops and Commercial Establishment Act 1958, Section 22(1) states that no employee shall be removed from service unless and until one month's previous notice or pay in lieu of notice thereof has been given to him:
Provided that:
(a) No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;
(b) No employee shall be entitled to one month's notice or pay in lieu of notice until he has been in the service of the employer continuously for a period of three months.
Section 23 provides Notice by Employee:
(1) No employee who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given his employer seven days' notice [thirty days in Haryana] or pay in lieu thereof.
(2) Where an employee contravenes the provisions of sub-section (1), his employer may forfeit his unpaid wages for a period not exceeding seven days [thirty days in Haryana].
Section 30 of the Delhi Shops and Establishment Act states:
(1) No employee shall be removed from service unless and until one month's previous notice or pay in lieu of notice thereof has been given to him:
Provided that:
(a) No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;
(2) No employee who has put in 3 months of continuous service shall terminate his employment unless he has given his employer a notice of one month, in writing. In case he fails to do so, he will be released from his employment on payment of an amount equal to one month's notice.
If you are employed in a factory under the Factories Act, or any industrial establishments where certified standing orders are applicable, or a shop and establishment, the State Shop Act provisions will be applicable.
Since you have mentioned that your salary was transferred to the bank, please obtain proof of the salary transfer from the bank. This will be documentary evidence to prove that you were employed with your employer. Second, if you have given notice in writing, whether by Registered Post/Speed Post/Courier or through Email, these will work as documentary evidence. Then you can proceed with litigation.
You can file a complaint with the labor officer of your area who, after giving notice to the employer, will investigate the matter.
You can also make a complaint to EPFO/RPFC/APFC, SRO ESI.
Thanks and Regards,
RL Dhingra, Advocate, Delhi
Labour Law Consultant
09818309937
Email: rld_498@rediffmail.com
From India, Delhi
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I wish you all a happy 68th Independence Day.
If an employee is employed in shops and commercial establishments, the particular State Shop Act prescribes the period of notice by the employee and employer. For example, The Punjab Shops and Commercial Establishment Act 1958, Section 22(1) states that no employee shall be removed from service unless and until one month's previous notice or pay in lieu of notice thereof has been given to him:
Provided that:
(a) No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;
(b) No employee shall be entitled to one month's notice or pay in lieu of notice until he has been in the service of the employer continuously for a period of three months.
Section 23 provides Notice by Employee:
(1) No employee who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given his employer seven days' notice [thirty days in Haryana] or pay in lieu thereof.
(2) Where an employee contravenes the provisions of sub-section (1), his employer may forfeit his unpaid wages for a period not exceeding seven days [thirty days in Haryana].
Section 30 of the Delhi Shops and Establishment Act states:
(1) No employee shall be removed from service unless and until one month's previous notice or pay in lieu of notice thereof has been given to him:
Provided that:
(a) No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;
(2) No employee who has put in 3 months of continuous service shall terminate his employment unless he has given his employer a notice of one month, in writing. In case he fails to do so, he will be released from his employment on payment of an amount equal to one month's notice.
If you are employed in a factory under the Factories Act, or any industrial establishments where certified standing orders are applicable, or a shop and establishment, the State Shop Act provisions will be applicable.
Since you have mentioned that your salary was transferred to the bank, please obtain proof of the salary transfer from the bank. This will be documentary evidence to prove that you were employed with your employer. Second, if you have given notice in writing, whether by Registered Post/Speed Post/Courier or through Email, these will work as documentary evidence. Then you can proceed with litigation.
You can file a complaint with the labor officer of your area who, after giving notice to the employer, will investigate the matter.
You can also make a complaint to EPFO/RPFC/APFC, SRO ESI.
Thanks and Regards,
RL Dhingra, Advocate, Delhi
Labour Law Consultant
09818309937
Email: rld_498@rediffmail.com
From India, Delhi
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Mr Varghese if u can able to buy EPILPA statutory book i read that if any correction pl tell me also for me to update. am searching a proof as i was holding if i get will scan to usir
From India, Chennai
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From India, Chennai
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Dear Vijaylaxmi,
Going through all the replies and just wanted to remind you that you can surely take the company to court if they have not terminated you or asked you to submit your resignation letter.
You have already submitted your resignation letter and served a shorter notice period than the 15 days the company had instructed. Despite the company clearly stating the notice period, you chose to disregard it.
Therefore, the company may consider you as absconding and deduct the remaining notice period days as notice pay. Since you were still in your probation period, apart from the weekly off, you were not entitled to any other leave.
If you decide to take legal action, please be aware that the company will demonstrate that you voluntarily left your position and were required to complete a 15-day notice period, which you opted not to fulfill. Consequently, your salary has been withheld and will be released once you serve the complete notice period and finish the exit procedures.
This situation could have been resolved within 8 days, but due to a poor decision, it has become prolonged.
Regards,
Ashutosh Thakre
From India, Mumbai
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Going through all the replies and just wanted to remind you that you can surely take the company to court if they have not terminated you or asked you to submit your resignation letter.
You have already submitted your resignation letter and served a shorter notice period than the 15 days the company had instructed. Despite the company clearly stating the notice period, you chose to disregard it.
Therefore, the company may consider you as absconding and deduct the remaining notice period days as notice pay. Since you were still in your probation period, apart from the weekly off, you were not entitled to any other leave.
If you decide to take legal action, please be aware that the company will demonstrate that you voluntarily left your position and were required to complete a 15-day notice period, which you opted not to fulfill. Consequently, your salary has been withheld and will be released once you serve the complete notice period and finish the exit procedures.
This situation could have been resolved within 8 days, but due to a poor decision, it has become prolonged.
Regards,
Ashutosh Thakre
From India, Mumbai
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Mr. Ashutosh,
There is no legal documentation of a relationship of employment, so there can be no termination, absconding, or any form of legal action. How can a court of law accept a legal case of this nature (which is essentially about the law of the contract) without any documentation? There is zero legal hold on the employee by the employer in the absence of an appointment letter - which means that even in the case of fraud, the organization cannot file a case.
Similarly, the employee also cannot take that organization to court because there is no documented legal relationship of employer-employee by the law of the contract. Would you kindly explain to the group how termination/absconding of an employee can be given in the absence of an appointment letter?
Regards,
From India, Mumbai
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There is no legal documentation of a relationship of employment, so there can be no termination, absconding, or any form of legal action. How can a court of law accept a legal case of this nature (which is essentially about the law of the contract) without any documentation? There is zero legal hold on the employee by the employer in the absence of an appointment letter - which means that even in the case of fraud, the organization cannot file a case.
Similarly, the employee also cannot take that organization to court because there is no documented legal relationship of employer-employee by the law of the contract. Would you kindly explain to the group how termination/absconding of an employee can be given in the absence of an appointment letter?
Regards,
From India, Mumbai
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Dear Ryan,
Exactly my point... In my earlier communications, I have shared that a legal case is not feasible, and nothing positive will result from pursuing that route. The most effective solution would be a direct face-to-face meeting. Therefore, she should approach the top management of the company, and the issue can be resolved. However, I suspect that Vijaylaxmi is merely contemplating the idea of taking the matter to the labor court.
Regards,
Ashutosh Thakre
From India, Mumbai
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Exactly my point... In my earlier communications, I have shared that a legal case is not feasible, and nothing positive will result from pursuing that route. The most effective solution would be a direct face-to-face meeting. Therefore, she should approach the top management of the company, and the issue can be resolved. However, I suspect that Vijaylaxmi is merely contemplating the idea of taking the matter to the labor court.
Regards,
Ashutosh Thakre
From India, Mumbai
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