Joined on the basis of offer letter
Ravi
(Querist) 25 October 2015
This query is : Resolved
Hi,
I worked in Facility company. I joined on 29th Dec 2014 on that time I have only received Offer letter which has only mentioned location, designation M2 grade and salary breakup and no other terms and condition of employment, and after joining not received any Appointment letter. I was informed three times to HR but they ignore this. I sent my resignation mail on 1st july 2015 to company served 6 days notice period and left on 6th july 2015. at the time of putting my resignation on our employee portal my employment status shown as probation.Now i received the F&F calculation sheet which shows recovery of 24 days, I replied to the HR of the company that i have not signed any binding contract(Appointment letter) with company for 30 days notice period and they replied me that the notice period of 30 days is mentioned in employee portal of the company for M2grade employees. Should i need to sue the company for this? Please guide me for this issue.
Kumar Doab
(Expert) 25 October 2015
Is it mentioned in offer letter that you may visit 'Employee Portal'?
Did you receive any communication that you should visit 'Employee Portal'?
Did you sign any communication that you have accepted the T&C/clauses posted at 'Employee' Portal'?
Did you reply to company on FnF statement in writing?
Did company reply to you in writing?
Did you download the screenshot showing you under probation period?
Did you accept the FnF statement in writing and did you decline to accept FnF statement in writing?
What was your designation and nature of duties?
Did you have any power (not just to recommend) to sanction leave/increment/appoint/terminate?
Can anyone cancel your recommendations?
You were located in which state?
The Redg. office/reporting office/corporate office was in which state?
What is this establishment registered as; Commercial , Industrial?
Does it have its certified standing orders and do it cover your designation?
Or Do Model Standing order apply to it?
Rajendra K Goyal
(Expert) 26 October 2015
Author need to reply the questions from expert Kumar Doab for any fruitful advice.
Ravi
(Querist) 26 October 2015
1. It is not mentioned in offer letter about employee portal.
2. After my joining the details of employee portal login was received on my mail id.
3. No T&C of employee prtal was signed by me.
4. Yes, I have replied on F&F to company HR.
5. Yes, I have downloaded the screenshot showing the employee status as probation.
6. I have declined the F&F in writing to them about my notice period query and two months mobile reimbursement was not calculated by them.
7. My designation was as Asst. Manager Finance and handling AR Function.
8. I dont have any power (not just to recommend) to sanction leave/increment/appoint/terminate.
9. Yes My senior manager can cancel my recommendations.
10. I was located in Haryana (Gurgaon).
11. The Redg. office/reporting office/corporate office is in Mumbai (Maharastra).
12. The establishment registered as; Commercial.
13. I don't know any certified standing orders.
Kumar Doab
(Expert) 26 October 2015
Employee portal log in is probably mark attendance.
There was no signed document on acceptance of T&C.
Rake up the issue.
You might get covered as 'Employee' in Punjab Shops & Estabs Act, 'Workman' as in ID Act......................however let your able counsel first determine your nature of duties and assess the tasks performed by you etc...............
Unions in Haryana have traditionally been strong and may embrace you.
Kumar Doab
(Expert) 26 October 2015
you alone have to find if establishment has its certified standing orders and does it cover your designation or Model Standing Orders apply to it.
Your counsels can help you.
Ravi
(Querist) 27 October 2015
Obliged with your suggestions, Can you please refer me to any similar type of case law for my knowledge.
Thanks Kumar Doab Ji.
Kumar Doab
(Expert) 27 October 2015
The query does not graduate to need of citations.
Your able counsels can provide you the citations if required.
You can search google/indiakanoon etc
If you can resolve with your skills or you can lean on your counsels.
K.S.Srinivas
(Expert) 28 October 2015
I agree with Sri Kumar Doab.
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
agreed with the expert advice of expert Mr. Kumar Doab on the subject query.
