Work ex and pay slips not given

While posting such queries employee should post basic information! 

What is this establishment; Commercial, Industrial? 

What is its nature of business say; IT, ITeS? 

How many persons are employed in it? 

What is your designation and nature of duties? 

How many persons report to you?

 
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? 

You are in which state? 

Since how many months you are working? 

What is submitted by you: Notice of resignation or resignation with immediate effect? 

Do you have copy of it and its acknowledgment by employer, its proof of dispatch and delivery by you? 

Did you mention notice period/LWD in it? 

Did you mention reason of resignation i.e; Non/delayed payment of wages?

Do you have proof of dispatch and acknowledgment of reimbursements claims submitted by you?

What is the notice period tendered by you and applicable to you as per offer (appointment) letter? 

Has employer been issuing salary slips of each month, Form16, PF number PF a/c slips, ESIC card? 

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

Do standing orders (model/Certified) apply to your establishment and your designation?

What was your monthly salary and its break up?

Did you tender notice of resignation or resigantion?

Were you terminated verbally or in writing?

Did you stop attending to office for not providing payment of salary/salary slip? If yes, did not submit any written communication say even if by ordinary post!

You were into regulat employment upto which date/month/year?

Did you resign from it?

Then:  You were into contractual employment from which date/month/year?

You were into contractual employment or you were contractor?

Other than some written statement that you have posted on some 2.5%....... you have not submitted anything else in writing to establishment!

Isn’t it!

Sorry I missed out on so many details! I wanted to establish the narrative and in that process missed out a lot. Apologies.

It is a commercial organisation in IT sector in the state of Haryana with less than 10 full time employees and between 30-40 total employees (including interns) and there were 15 people reporting to me.

This is in Delhi NCR

On a contractual basis, I've been working for 9 months and a few days (not a contractor, employeed on a contract with the employer)

A termination notice was served to me (with immediate effect) in mid april via email. (keeping a few details vague intentionally)

I have the email conversation with the upper management of the company where I have requested clarification of reimbursement and work experience certificate but these requests were waved away with sentences like "all talks will be held once money is returned"

Salary slips have not been issued.

Not a member of a trade union.

I dont think standing orders apply since number of workers does not meet required limit

Would like to keep the salary private

I did not stop attending office even though payment hadnt been done for 3 months or so.

Worked as a full time employee from June 2015 - April 2016 and on a contractual basis from july 2016 to april 2017. I had resigned after april 2016 due to personal reasons and decided to talk the the same employer when i started looking for employment in july 2016 since I had left on very good terms. Work Experience etc hasnt been provided for any period of work.

You have not replied to all points, pointwise.

What are these ‘Interns’?

“A termination notice was served to me (with immediate effect) in mid april via email.”

Then it should be termination with immediate effect.

However you have submitted some admission of some 2.5% then employer may not tender any notice pay, citing misconduct.

Employer should pay upto LWD.

 If you have alredy consulted some lawyer post what is his/her opinion on your matter?

You seem to have some knowedge as you have posted confidently on standing orders.

Your establishment should be covered by the Shops & Estbs Act of the state and you might be covered by the def. of ‘Employee’ as in the Act.

You might be covered by the def. of ‘Workman’ as in the ID Act.

You might be covered by the ‘Payment of Wages Act’ by def. of wages in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’.

The deductions, fixed date for payment of wages with salary slip, are explained in applicable enactments.

These enactments should be available at website of Dept. of Labor of your state i.e; Haryana.

The Punjab Shops and Commercial Establishments Act:

The Punjab Shops and Commercial Establishments Rules ( Haryana Follows it.)

Payment of Wages Act;

are available on website of Dept. of Labor Haryana;  

https://hrylabour.gov.in/ https://hrylabour.gov.in/content/labour_laws

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/Payment_of_Wages_Act.pdf  

If you are not covered by any of the enactments then you may approach civil courts.   It shall be appropriate to discuss with local counsel specializing in Labor/service matters of unshakable repute and integrity, at your location, and understand options and merits in your case.

Labor/service matters is altogether different field of law and there a few counsels that specialize in it and are well known. Usually such cases are referred to them and should be referred to them.

Counsels worth their salt that practise in other matters usually do not meddle into such matters and refer to counsels that specialize in it.

You can inquire about such counsels at LaborCourt/CGIT, Civil Courts, CAT, HC,SC…..

Your own elders of the family, well wishers, employees’/trade union leaders, Family lawyer, DBA officials  etc etc can also help you to find such counsel.

Employees’/trade union leaders can also represent you.

If you have issues in finances try FREE Legal Aid and check in local courts complex.

You have posted that you are from Delhi/around Delhi.

Try to obtain FULL FREE legal aid from counsels from Delhi and around areas. 

Request LCI members from Delhi and around areas.

Avoid persons loitering at On line portals like LCI posing as Experts to allure unsuspecrting querist, fishing for business.

There are endless numbers of threads at LCI also by querist that have been fleeced at LCI.

If you are confident that you are well versed and can handle your matter as PIP ( party in Person), go ahead. 

Interns are people the company hired to work on a part time basis, for internships.
These comprised mostly of people who were pursuing their undergraduate education.

I looked up for standing orders on google and found it wasnt applicable for my case, havent consulted a lawyer.

Thank You for your advice, will follow it and update on this thread.

Thanks!

It is good that you are searching and reading and can understand.

Although it takes time.

Still PIP that knows basics, applicable enactments, procedures in courts, can argue well and handle strategies of lawyer's of OP's (employer's in your case) can do well for themselves.

There are many threads on similar query at LCI that you can search in "SEARCH" option and download enactments, citations..

Such interns may not be counted amongst employees.

Surprisingly the number of so called interns is much higher than employees.

Saara Kaam Interns hi Karte hain Kyaa.

Thank you for your kind words, but I am not too convinced to take them to court simply because it will be a time sucker dealing with those people but yes, going through the links provided, it does seem to make the court more accessible. 

One reason for that is that after all this, i am provided with work exp and dues cleared, there is no way i will be provided with a positive bgv. 

And haan ji sir, interns actually do most of the work. Kya bola jaaye ab, first job after graduating from college and have to face this... 

Just want to say thanks again! for taking the time to read, reply and assist. Thank You

Don’t worry too much.

Next time be careful and don't commit  blunders from your side.

If you have understood and can refine understanding further……then may submit gentle communications contesting the allegations of employer.

Service certificate should be issued to all employees, in case of termination also.

There are many threads on BGV, also.

Use SEARCH option.

Try and get copy of BGV.

It is felt that you can rethink on paying the entire amount demanded by employer, just like that.

Preferably consult a counsel in person as suggested.

The appointment letter, termination letter, slalry slips, Form 16, PF a/c slips, etc etc may suffice as good as service record. 

Try and get employed ASAP.