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saran (Sr. US IT Technical recruiter)     25 December 2013

Management misbehave.

Currently am working in US IT Recruiting company from Aug.On the date of joining "they said 15days training period and 30 probation period.In that probation period they give as a salary of 4,000.and they said after probation and training period you will get 8,000per month as a salary. After finishing the probation period only we provide the offer letter.Again they said before joining in this company you will surrender your original certificated. If you resign the job in that working period we won't return your certificate on the date of resigning .We will provide after 6months from the date of resigning."Now i don't know what to do.Still i didn't get any offer letter or conformation letter. They are not consider my previous experience and even they are not given basic responsibility.Now i need to change my role.Can you help me, what can i do next??



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     25 December 2013

You have to read out the the entire terms and conditions of the offer letter of employment, if it suits, you may proceed about continuing with the employment offered or else look for another better opportunity

Kumar Doab (FIN)     25 December 2013

other thread by the querist: https://www.lawyersclubindia.com/forum/Breach-of-employment-Bond-39915.asp#.Urp-utIW1MB

 

The appointment letter should be provided to a Trainee, Probationer also.

 

The wages of Rs.4000/ is too low. It might be lower than Min. Wages.

The state of Kerala has inserted the min. Wages for IT employees too.

 

What and why there should be the helplessness to such an extent that a citizen would agree to surrender his original certificates and agree to work under such conditions as enforced by this employer?

 

Has this establishment and owner of this establishment issued any of his wishes and orders in writing that has been written by you in this post?

 

Has he issued any acknowledgment of your original certificates?

 

Have you submitted any acceptance/agreement in writing to surrender your certificates by your free will?

 

Original certificate are property of employer and no employer can have any lien on it.

 

You and redg. office of the establishment  are in which state?

 

What is the strength of employees in this establishment?

 

 

 

 

 

 

 

Madhusudan (Sales)     25 December 2013

Hi,

I am working in a private company, I resigned the copany on 20th Nov-13 and I served for 1 Month of noties period as the copany policy is to served for 3 months if fail to served he have to pay CTC for that, So I served 1 month and I paid CTC amount for 2 month and I have no Due at all, but company is not providing me the reliving letter but it is nessessory me to submit to the new company, please help me in this case even my copany accepted my resignation.

Please help me.

 

Madhusudhan

Madhusudan (Sales)     25 December 2013

Hi,

I am working in a private company, I resigned the copany on 20th Nov-13 and I served for 1 Month of noties period as the copany policy is to served for 3 months if fail to served he have to pay CTC for that, So I served 1 month and I paid CTC amount for 2 month and I have no Due at all, but company is not providing me the reliving letter but it is nessessory me to submit to the new company, please help me in this case even my copany accepted my resignation.

Please help me.

 

Madhusudhan

Kumar Doab (FIN)     25 December 2013

@ Madhusudan,

 

Pls always initiate a new thread.

 

Other thread initiated by you is at:

 

 https://www.lawyersclubindia.com/forum/details.asp?mod_id=94537&offset=1#.Urq4G9IW1MA

 

If possible post some more information as suggested.

 

 

 

saran (Sr. US IT Technical recruiter)     27 December 2013

@ Kumar Doab:

 

What and why there should be the helplessness to such an extent that a citizen would agree to surrender his original certificates and agree to work under such conditions as enforced by this employer?

In my own risk to take such a critical situation..Why, because I did my UG in 2010,after that I worked as a ATM service engineer as well as domestic recruiter(2010 – 2011).And I have resigned the job After that I studied MBA (HR and Finance).More companies Cannot accepted  the previous experience like I did these things. I have approached 3to4 companies; they are also doing like this. In future no one get affected like me..Now I would like to change the situation to help another educated person also…I got affected by my family background. So that only I have taken this risk at my own…

 

Has this establishment and owner of this establishment issued any of his wishes and orders in writing that has been written by you in this post?

 No…

Has he issued any acknowledgment of your original certificates?

 No, they record as a file and kept in their draw..

Have you submitted any acceptance/agreement in writing to surrender your certificates by your free will?

Ya I signed detail of my background paper. But that is not a valid one. They have asked my detail. I don’t signed any legal document.

 

Original certificate are property of employer and no employer can have any lien on it.

 

You and redg. office of the establishment  are in which state?

 Tamil nadu

What is the strength of employees in this establishment?

11 Employees, President 1,Manager 1,Vice president 1.

Kumar Doab (FIN)     27 December 2013

@ Saran,

 You have tolerated enough.

Try to be with some good employer with good HR practices.

 

Show whatsoever proof of employment you have and documents you have signed etc to a competent and experienced labor consultant/service lawyer................................Trade Union Leaders..........................along with elders of family, competent and experienced well wishers, and proceed further once you have understood the merits.

 

 

Generate some evidence that employer has retained your original Certificates without issuing any communication on Why the Original Certificates are to be retained by company and without issuing any acknowledgment/receipt of it.

 

This might be an audio/visual supported by witness or any other form as deemed fit by you.

 

You can raise a demand to return your original certificates in writing under proper acknowledgment.

 

The employer has to provide Pay slip that should be signed by both employer and employer,

Minimum Wages Act, 1948: Sec 18(3), Payment of Wages Act; Sec 13A

 

 

 

 

and as per your wages,.......................PF,ESIC, Group Insurance, etc.........

 

You may go thru all provisions of:

 

>> THE TAMIL  NADU SHOPS AND ESTABLISHMENTS ACT, 1947

 

2.Definitions: (3): “commercial establishment” means...............

(5) “ employer” means..............

(8) “Inspector” means........

(12) “Person employed” means.....

 

 

4.Exemption.

28. Power of Inspector to act for person employed

29. Responsibility for payment of wages

30. Fixation of wages period

47. Maintenance of register and records and display of notices

50. Rights and privilege under other law, etc., not affected

 

 

>> THE TAMIL NADU SHOPS AND ESTABLISHMENT RULES, 1948

 

11. Fines:

 

[(6) Wages slip in form T shall be issued by every employer, to every person employed, every month, a day prior to the disbursement of wages or at least on the date of disbursement or if the wages are paid daily, along with the wages, duly signed by him or any other authorized person and also the signature of the concerned  person employed shall be obtained . the copies of wages slip issued shall be maintained by the employer and produced to the Inspector on demand.]

 

12. Deduction for breach of contract

[16-AA. Maintenance and supply of service book

[16-C self Certification by the employer

 

 

 

>> The Original Certificates can not be kept by employer.

Madras High Court

Dr.S.Rajesh vs The State Of Tamil Nadu on 12 December, 2008

https://indiankanoon.org/doc/1028571/?type=print

 

 

 

 You can approach Inspector under THE TAMIL  NADU SHOPS AND ESTABLISHMENTS ACT, 1947, O/O Labor Commissioner, Inspector under Payment of Wages Act, RPFC for PF, Inspector ESIC, Trade Unions.....................Lawyer/Law firm..........

 

 

 

 

 

 


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