This is forum for legal advice and you have posted a legal problem.
If you have gone thru the thread suggested in previous posts then you should be able to understand the gravity of the situation at your hands. It shall be appropriate to consult an able Labor Law Consultant/Service Lawyer as ap and proceed under the expert advice of your lawyer.
You must not expect the resolution that suits your interest from HR personnel as they have employer’s internal policies for them and they shall not risk their employment for your employment. You can be dumped any moment and even terminated and left to roam in various forums and fend for yourself.
Your person skills may not necessarily work for you. However if you think that you can handle the situation on your own you may do so.
First of all use terminologies that are recognized and understandable in legal language.
>>> It is felt that there is nothing termed or coined as ‘Start Up’ company.
---If it was some IT/ITeS/BPO/KPO etc, then it has to register under (Name of the state) Shops and Commercial Establishments Act, as it is covered by this enactment.
>>> The THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 is applicable to such establishments……………………
www.epfindia.gov.in
If it is applicable:
---- the establishment has to register with the EPFO and the registration charges may be as low as Rs7/month………………………until or unless it is exempted. If it has not registered as per various enactments applicable to it then it has committed violation and offence and can be penalized.
----The PF has to be provided to all employees that are covered as per provisions of this Act. Even exempted employees can be covered by the establishment.
---- You may go thru: Sec:1. Short title, extent and application. 2. Definitions.
If this Act was applicable and you were covered but the establishment did not register or did not extend PF coverage or once covered the employee (you) but defaulted on collection of Employee’s/employer’s contribution then the employer/owner has committed offence and can be prosecuted.
If you were covered once,………………. you shall remain covered and PF number/account slips/passbook etc has to be supplied to you. If these were not supplied then you can not provide it to anyone until or unless employer or EPFO act and provide it to you.
If you were in the category of exempted employee and hence you were not covered then you can not provide PF number/account slips to anyone.
You can lodge a complaint thru RPFC in nearest PF office……………………………of course under proper acknowledgment.
>>> The employer being deductor has to deduct TDS and deposit it with jurisdictional ITO.
If it has not the employer then the employer/owner has committed offence and can be prosecuted.
If Form16 was not supplied then you can not provide it to anyone until or unless employer or ITO where you file ITR or jurisdictional CIT-TDS where company files ITR………………… act and provide it to you.
>>> If you have described your role/designation/KRA’s in your resume truthfully then you have not committed any offence. If you as per your role /designation/KRA’s have produced and supplied the requisite docs pertaining to your role /designation/KRA’s then nothing is pending at your end.
>>> Usually last month’s salary slip is asked for to negotiate the salary/CTC in interview.
Salary slip has to be supplied to all employees at least a day before the disbursement of wages.
Payment of Wages Act;Sec13A
Min. Wages Central Rules:Sec26(3,4)
If employer/owner has not supplied the salary slip you can lodge complaint with Inspector appointed under these enactments and o/o Labor Commissioner……………..
If salary slip was not supplied then you can not provide it to anyone until or unless employer/owner or Inspector appointed under these enactments and o/o Labor Commissioner ………………… act and provide it to you.
>>> It does not matter you worked for passion or material gains the employer/owner has to fulfill its legal responsibly…………………………….even if it has faced financial problems. It could and it shall have to sell even his expensive shirt (assets) and surrender to law of the land to which it is subordinate and servant.
>>> The sensible employees have united in your trade too and have formed various unions and Trade Unions like CITU/INTUC/AITUC are willing to embrace employees from IT sector………………..The unions leaders are well informed and can support to handle the nuisance being littered in your trade……………………
https://www.itecentre.co.in/
https://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.unitespro.org
https://www.wbitsa.org/
www.itpfindia.org/
https://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
mankar.janardan@gmail.com
________________________________________
https://www.shivsena.org
https://www.amrc.org.hk/node/1088 CBPOP
https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435
Shiv Sena forms first union in information technology sector
>>> You may find another thread useful:
https://www.lawyersclubindia.com/experts/Proof-of-employement-501451.asp#.VEyyameSwb8
>>> All enactments quoted in this post are available at Dept of Labor website and you can also buy the latest version from the market.
