Why did you accept employment at such unfair, illegal, unlawful, bad, harsh conditions?

Did you consult elders in the family, competent and experienced well wishers, employee’s unions, trade union leaders before accepting?

Did company declare such conditions in job advt., interview call letter, selection letter, offer letter, in writing ( and do you have copies of each of these) or in appointment letter only?

Were you working in some other company and were you asked to resign before joining, during offer period, and do you have any proof of it?   

The employer has erred by inserting a condition in appointment letter to submit original educational certificates and this should go in favor. The original educational certificates are property of employee and employer can not have any lien on it.

Did the employer issue any acknowledgment of educational certificates?

Did it declare in writing in job advt., interview call letter, selection letter, offer letter, in writing or in appointment letter or even later that you shall be given training and need to pay training fee? If yes when and in which and by which document?

Did it declare in writing in job advt., interview call letter, selection letter, offer letter, in writing or in appointment letter that you shall need to sign a bond? The Bond was created in lieu of which extra ordinary favor by employer::: sponsorship, Training (that would add some extra ordinary  skills, qualification, certification etc), extra ordinary favor? Were you given original/second copy of the Bond?

The appointment letter was given after how many days of joining?

What was this training……………………..who provided it………………did it issue any certification from some instt. for it?

It is but obvious that Board decision is not to issue any experience certificate to you and the verbal assurance was given to you just to extract the so called training fee and notice pay!

What is this company/establishment registered as: Commercial, Industrial, Small Enterprise?

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board!

How many employees are employed in it?           

What was your designation in offer letter, appointment letter and nature of duties?  Did the company state your designation as ‘Trainee’ in offer letter/appointment letter?

 You were located in which state and does company have an office in your state?

Does company have any office at your current location?   

Has it stated notice period/pay in offer letter?

Was your service confirmed in writing?

Do you have copy of resignation letter submitted by you and its POD, acknowledgment?

Did the company ask you to serve notice period in writing, handover the charge and company property and do you have copies and acknowledgments?

Did the company issue acceptance of resignation, FNF statement showing notice pay, training fee recoverable from you?

Did the company issue any acknowledgment/receipt of notice pay, training fee recovered from you?

Are you member of any employee’s unions, trade unions?

The above info shall help hence post it, pointwise. 

The company is in kerala itself and they have given me only an appointment letter in which my salary structure and details of bond is mentioned.They have mentioned about keeping my sslc certificate with them also in that appointment letter.I have scanned copy of my resignation.They never gave salary on time and also gave salary in hand so that i dont have any salary slip or bank details regarding it.  

>>> You should have replied to each point::: pointwise.              

Do it now for better response!

If you find any difficulty take help of elders, union leaders, lawyer.

>>> -The so called training as mentioned in attachment posted by you is a ‘Process Training’ that seems to be required for ‘Processes’ of the company and should be provided free of cost.

It is stated in the attachment that you have to complete the training programme in 25 days or your service can be terminated. You have worked for 9 months implying you were able to successfully complete the training.

Did company inform you in writing that: You have completed the training successfully or did it state in writing that you did not complete the training successfully?

The condition stated in attachment posted by you stating that  “ Relieving letter and Retrieval of  submitted documents is subject to service of Notice period’ can be termed illegal, unlawful, unfair, bad, coercive, intimidating………………………..

-The second attachment is not clear and legible. It can be read that company has asked for attested copies.

Original certificate can not be kept as collateral.

The original certificate may be seen in original for marking OSV and after having seen it should be returned on the spot and then and there.

Since company has asked for attested copies there is no need for showing even the originals, until or unless demanded clearly in writing.

You are not properly informed and have been duped.

Probably you did not consult before submitting the certificates and payments to company and did everything on your own.

>>> The salary slip has to be supplied to each employee in advance before payment of wages:
-- as per Payment of Wages Act 1936: Sec13A and should be signed by both employer and employee,

--and also asp per Minimum Wage (Central) Rules, 1950, Rule26(3) 26(4)

https://www.lawzonline.com/bareacts/minimum-wages-central-rules/rule26-minimum-wages-central-rules.htm

If employer delayed payment of wages then did you sign any voucher? If yes did you sign in back date or current date?

>>> The IT/ITeS companies in Kerala are covered by Kerala Shops and Commercial Establishments Act. You may go thru Sec:2(4,6,7,9,),3,4,5,5A,12,13,14,15,17,26,28,29,30,

AS per this Act Inspector appointed under this Act is also Inspector under payment of Wages Act and might also be Inspector under Min. Wages Act, too………………

>>>The state of Kerala by notification has brought all commercial establishments under the purview of standing orders…………………..

You may go thru and download the notification from another thread at:

https://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UkxL_NKAqWM

If standing orders are not certified, model standing orders shall apply.

You may go thru: Model Standing Orders Sec:13-18

Service Certificate or Experience certificate has to be supplied to each employee.

 Notice Period in probation period is NIL and after confirmation 1 month only.

Standing orders shall prevail upon any private agreement that employer has signed with employee e.g. appointment letter, contract of employment………………….

Employer himself is held responsible for faithful observance of standing orders and can be punished /penalized for violations.

Did this employer provide PF, ESIC, Group Insurance?

>>> The state of Kerala has notified the Min. Wages for IT sector too and no employer can pay les that…………….

https://keralaitnews.com/state-scan/thiruvananthapuram/3458-kerala-government-notifies-minimum-wages-for-it-industry

>>> The IT/ITeS sector has formed unions for female employees, all employees and trade unions are willing to embrace employees from 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)

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

Trade Unions like CITU,INTUC,AITUC,BMS………….are more than willing to embrace the IT employees.

United employees can rake up any issue with Govt. Employee’s is a big community and huge vote bank that NO party/Govt can ignore.

 The unions can help to form 'Works Committee' in company. It is an authority under ID Act.The Chairman is from employees/employer on rotation and committee has equal number of members from employees.

The Industrial Disputes Act, 1947: CHAPTER II: AUTHORITIES UNDER THIS ACT

3. Works Committee

The unions can negotiate service conditions and standing orders shall be certified only after parleys with employees representatives/unions.

For the present issues, exploitation that employees in IT/ITeS/BPO/KPO sector's face Pan India the employees unions affilliated with Trade Unions is immediate need of hour and is also  a perfect solution.

Are you aware that employers in your trade have formed their unions?

Then why don't employees unite?

Your lawyer may ask you a set of structured questions and may opine that you are covered as 'Workman' as in ID Act, as 'Employee' as in Kerala  Shops and Commercial Establishments Act, Small Enterprise Act

Unions in Kerala are very active and strong and formidable.

>>> There are many threads that you may find relevant and useful e.g;

https://www.lawyersclubindia.com/forum/Action-against-it-consulting-firm-102410.asp#.U3n71UeBmXV

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3iSoEeBmXU

https://www.lawyersclubindia.com/forum/Salary-issue-102041.asp#.U3dVbEeBmXU 

>>> >>> If employer defaults on wages then it might have defaulted on PF,ESIC, TDS, Contribution for insurance, etc too………………………….
Employee can approach:

>>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.

Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.

All employees can lodge a common complaint for recovery and Inspector may issue FormN.

You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.


>>>Inspector under –Kerala Shops and Commercial Establishments Act, Small Enterprise Act………….

One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.

>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Karnataka Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge separate complaints mentioning the enactments separately.


----Employees Unions e. They may help you.

--- Trade Unions: CITU, INTUC, AITUC, BMS and local trade unions………
----RPFC thru nearest PF office. 
Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to.
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: --ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor (employer in your case) is offence and employer can be penalized.

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU


--ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor (employer in your case) is offence and employer can be penalized.

>>> You may proceed under the expert guidance of your lawyer.              The lawyer that has seen all docs and examined the inputs in person can advice you the best.

Hi, Thank you so much for response.

I was a Btech Computer Science Graduate , who was in search of job for many months.

And finally i cleared interview with this firm. 

Then thy told their terms and conditions like

1. 9 months bond in which first three months you are trainee(was paid only 1000)

2. After that my salary was 6500/- 

3. Training cost - 15000/- 

4. Surrender SSLC certificate with them which will be released when resigning

I was provided only with appointment letter. 

Interview was scheduled through phone call. When i have paid money for training they have give me a voucher.

I was a fresher and was not working with any company.

In appointment letter they have mentioned " Documents to be submitted for service contract - Any 

one of the orginal certificate approved by govt. (Eg. SSLC certificate)". They have also mentioned in appointment letter - 

"By signing this letter you agree that the company has the rights to keep the orginal certificate during your service period, and after service period a notice period of 45 days with the company you will be retreving the same at the time of releaving the company".

In my appointment letter it is only mentioned that "You are liable for the cost of training incurred by the company on failing to meet our expectations". 

Appointment letter was given after 17 days of joining.It was a partnership firm. 

Nearly 20-30 people are employed in that firm. 

My designation was "PHP Trainee"

Company is located in Kerala - Cochin. 

Yes, its stated in my appointment letter that pay / notice period - 

"Either party have right to terminate this letter of appointment by giving 45 days notice in writing tp that effect or by paying one months salary in lieu thereof"

My service was not confirmed in writing. I have only copy of resignation submitted with me and my appointment letter.

I dont have any other acknowledgments or writings regarding my hand over or anything.

They first accepted my resignation by word and even conducted exit interview. But i have not been provided with any acknowledgments.I have requested many times to give some acknowledgments, but thy did not. 

They did not give any salary slip and salary was given late that too at times gave only half salary and another half was given later.They did not give any voucher when they gave salary in hand also. 

What can i do to get my experience certificate, because i need for my new employer.

Thanks in advance for advices .. 

You may show the training voucher also to your counsel/lawyer.

What did you do during so called Training: attend lectures and do no work or you worked like a regular employee and produced revenue for the company and employer?

We have reservations about the cost of training collected from you in advance and Training itself and Bond, meagre amount of Rs1000/pm paid to you too..................

The trainee is recruited as per Apprenticeship Act and as per apprenticeship rules 1962 the stipend as decided by GOvt. is to be paid and copy of the agreement is be sent to apprenticeship advisor, or under Managements Standing Orders.

We are doubtful that the management of your company had any standing orders! 

You are entitled for PF, ESIC? Did the employer provide it?

Since you have paid the cost of training in advance why should there be any Bond?

You may find the attachments useful.

Did you put actual date of receipt while signing the acceptance of  appointment letter or in back date (by 17 days)?

Even if employer has inserted condition of keeping the original certificate in appointment letter (as collateral) it is unfair and bad.

It has already been mentioned that notice period during probation period should be NIL and service certificate is to be supplied to all employees. 

You may submit a carefully drafted representation  preferably by your lawyer addressed to good offices of appointing authority, MD, Director and make a gentle request to supply you the Service Certificate by redg. post.

Discuss the matter posted in this thread with elders in the family and preferably with your lawyer.

You may apply your rapport, goodwill, persuasion, persistence, reasoning, negotiation skills and resolve the matter in your favor. If employer i.e appointing authority, MD etc do not provide any relief you can approach the lawful authorities,trade unions, Lawyer/law firm, and forum as suggested by your lawyer/counsel.

i have signed with date 17-12-2012, but its mentioned in the front page of appointment that commncement of employment in nov 1st 2012. Thanks a lot for the advices. This experience certificate is very important in my career.Thank you so much once again.

Apparently you have merits.

Don't hesitate to seek wise counsel of your lawyer and even to approach trade unions.

Lawyers are skilled in mediation, conciliation, arbitration.

Your lawyer can settle the matter in your favor without issuing a legal notice, litigation.

Avoid such unscrupulous employers.

What did you earn::::: [{(1000*3)+(15000*6)}-{(15000+15000)}]=93000-30000=63000 in 9 months i.e.

63000/9=7000/pm and employer has not paid PF,ESIC etc......................and even after extracting  training cost+notice pay it has declined to provide service certificate.

Become member of employee's unions, trade unions and be properly informed.

Seek wise counsel of elders in the family and consult in advance before hurrying to sign on the dotted line.

Mr Kumar Doab keeps giving long answers and only to receive further query.

@ Anju,

You may post further if required without any hesitation.

It is so easy to unite.

Make your fellow employees, countrymen aware and defend their interest too.

@ Mr. Sudhir Kumar,

Sir,

Please let me address such queries in my way.

I shall write, illustrate, elaborate, even more than this. 

I am sure that the querist, the younger generation, and inadequately informed community of employees that includes our own sons and daughters too and visitors that have gone thru this thread and other threads have gained and shall be able to defend their interest and interest of their parents too, much better next time.

You may of course conclude the query of the querist.

Hi, 

I have send a formal letter as registered to that company , requesting for my experience certificate. I have also called them. They are telling we will discuss and call you back soon. I am waiting for their response. I am not sure how they will respond. 

Hopefully waiting for a positive response

Hi,

I called to my previous company for my experience certificate, this time they are saying they cant issue experience certificate . They will issue termination for me. I really don't understand what should i do. 

I was to releave on 31st July. On July 30th they conducted an exit interview with CEO of that company. And at that time they requested me to extend my employment for 15 days. I was compromising my 1 one month salary bcoz i couldn't survive the notice period.Knowing this they were asking me to extend my joining date in the new company. In that last minute i couldn't extend my joining date because i have already committed with the new date in my new company.My knowledge transfer and everything was over by that time.

Now they are saying we did not release you. You went on your own. So we can issue only termination. What can i do in this situation. 

As posted by you:

The employer conducted Exit Interview and demanded notice pay in lieu of notice period that you have tendered.

How did you make payment of notice pay; in cash, by cheque, by DD?

Did you obtain acknowledgment of notice pay?

If you paid in cash and did not obtain any acknowledgment too then do you have any irrefutable witness/evidence?

Do you have any written record of KT?

Do you have copy of exit interview?

The above info shall help hence post it, pointwise.

After demanding and collecting notice pay  why should employer terminate you?

If it terminates and it does not want to tender notice pay then it has to level allegation of Misconduct.

It should issue notice, show cause notice, conduct inquiry before termination for misconduct.

Service certificate has to be supplied to all employees.

You may go thru Model Standing Orders: Sec:14,16…………

 Since your past employer has declined to issue experience certificate request your current employer to absorb you on the strength of copy of resignation alone.

Since you are notable to handle the matter on our own you may approach, elders in the family and along with them, Labor consultant/service lawyer, employee's unions/trade unions/lawful authorities/court of law.