Company not paying salary

Sir there have been mutiple developments on this issue I wanted to share.

Firstly yesterday I had sent an email to the director and branch head of my organisation stating how unfortunate it has been that they are issuing threats of ruining my career just because Im asking for my salary.

Today morning I've filed an official complaint with Dy.Labour Commisioner. This evening I received an email from the director of my company which stated that he was only aware that I was a PART-TIME EMPLOYEE working on a PER DESIGN BASIS for the company.

Also his email stated that I was asked to come to Meerut (head-office) with my original documents in order to obtain an appointment letter which I did not do.

Sir there are 2 major discrepancies in this reply of the director.

First is that I was under the impression that I was a permanent employee working a 9-5 job for this company for a certain amount as salary. If the director is saying that my role was on a per design basis that would mean that I should get paid on a per design basis i.e like a freelancer. Also since I work as a freelancer on the side as well to supplement my income, I actually charge anywhere between 1k-6k or sometimes more depending upon the projects. SInce I had not signed any agreement with this company which clearly stated how much they would pay me on a per design basis, can I now demand that I be paid on a per design basis on a sum decided by me?

Secondly, I was asked to go to head-office to meet other employees but never was there any mention of obtaining any appointment letter. I refused since at that time my father was ill and that was not something that was informed to me during my interview and since there is no appointment letter provided it didn't constitute in my job descriptttionn either. Also do companies generally ask their employees to visit their head-offices to get an appointment letter? This is the first time I'm hearing of such practice.

Sir what should be my next step? Should I now consult a professional advocate and file a claim that they've underpaid me this entire time since I was with the company on a per-design basis but paid only monthly. And since I did not sign any agreement which stated how much I would be paid for these designs can I now ask for the market price which freelancers generally get for their work?

EDIT : One more thing I forgot to mention was that I had spoken to the designer who was working here before me. He said he had received his appointment letter by email when he was working here. Why did the company not do the same with me and wanted me to come all the way to Meerut (Head-Office) just to give me the appointment letter?

One more thing I noticed in the Rules and Clauses provided by Kumar SIr is that an employee should get compensation for the overtime he puts in a company. Since the director made it clear in his reply that he considered me a part time employee working on a per design basis that would also mean that my timings shouldn't have been 9:30 to 6:30 just like a full time employee and that I should get extra compensation for all the days I have worked as a full time employee.

I was aware that part time employees generally work for 3 or 4 hour shifts that too three to five days a week not a 9am-7pm shift six days a week.

Sir What steps should I take now? 

If I was A part-time employee working on a per design basis why wasn't I informed so and how come I worked 9 hour shifts 6 days a week for 2 whole months if I was a part time employee?

In the case of several uncertainties, instead of raising disputes or going for litigations, the best course is to switch over to another job. You are likely to gain nothing out of your disputes, when not having proof in your favour.

Originally posted by : Siddhant Sharma
	One more thing I noticed in the Rules and Clauses provided by Kumar SIr is that an employee should get compensation for the overtime he puts in a company. Since the director made it clear in his reply that he considered me a part time employee working on a per design basis that would also mean that my timings shouldn't have been 9:30 to 6:30 just like a full time employee and that I should get extra compensation for all the days I have worked as a full time employee. I was aware that part time employees generally work for 3 or 4 hour shifts that too three to five days a week not a 9am-7pm shift six days a week.

There may be several things to learn from the Acts, Rules, Advices, etc., provided by the experts. But in the absence of any proof in hand of regular employment on the present job, the knowledge acquired so can prove to be useful only for future employments only.

I already have th audio recording in which threats of ruining my career have been made. Also copies of emails in which I used to send designs.

Now I also have the email from the director himself from his official id where he admits he is not aware of my joining date or the dates in which I have attended office for work but admits that Im his part time employee and he used to get work done by me.

Is that not prrof enough?

Originally posted by : Siddhant Sharma
	I already have th audio recording in which threats of ruining my career have been made. Also copies of emails in which I used to send designs. Now I also have the email from the director himself from his official id where he admits he is not aware of my joining date or the dates in which I have attended office for work but admits that Im his part time employee and he used to get work done by me. Is that not prrof enough?

Nothing such proves your being a regularly appointed employee.

However, all depends upon your own choice, why and how to proceed.

Originally posted by : Siddhant Sharma
	So emails in my id which I have received and emails sent from their companies id during my tenure cannot amount to me being proof of my regular employment? Not even approval letter from companies which have approved my designs?

Email ID of the companies or exchange of your mails or approvals of designs cannot substitute letter of appointment with terms & consitions.

I have already provided you my honest and sincere views. Even a paid lawyer out of his desire not to lose a client for fee may not guide you honestly, as I did with my free service.

However, if you want to proceed on your own perceptions, nobody can desist you from going to court. Contact some local lawyer and ask him to file application in court on your behalf.

Best of luck.

Hello Siddhant

Thank you for writing to me. 
Yes I was in a very similar predicament recently. My boss had given me cheque which bounced and he had shut shop and gone untraceable.

Now before I advise you on this matter, I would tell you that I'm in now way qualified in the laws of this country and advices given here by senior members are only to provide you with some options in order to get a solution. I would advise you to always look forward to their help.

Now I would tell you that I was discouraged to go through with any kind of legal remedy by my own family members. I have an uncle who is an advocate and he simply told me that the cost of legal fees would far outweigh my compensation. 

But I believed through and through that it was my hard earned money, and I will not let it go this easily.

I too did not have any appointment letter, but that did not stop me from taking action. And in the end victory was mine.

Since you've already filed a complaint with labour office, I would advise you that you contact an advocate well versed in labour cases. 

As you say that the company considered you a part time employee but made you work on a full time schedule, you go ahead with your complaint. Company will now have to explain why it shouldn't [ay you more now. 

Also NO COMPANY asks it employees to come to head office to receive an appointment letter. That duty lies with the HR Dept. The company will have to explain these policies as well. I'm sure they are involved in other malpractices as well and in order to avoid any more embarrasment, they would settle with you

I can assure you all this will be worth it. I was advised by Kumar SIr here that whether to get back the amount owed completely lies with us.

All the best.

As per your post one month salary has also been  already  paid to you.

You seem to have sufficient...

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