Employee rights on termination

Employers are supposed to issue appointment letters while engaging an employee irrespective of the nature of work of the employee. However, there are many organizations which do not issue appointment letters but that does not necessarily mean that they can deny the employer employee relationship that easily. The relationship can be proved with any other documents when an appointment letter is absent. 

Termination on the plea that there is no such job is illegal. An employee can challenge such decisions before the appropriate legal authority and can claim reinstatement with compenstaiton (wages for the period of unemployment).

Thank for the response. Let me give more details here.

The staff are working with the Charitable Trust which has a church headed by an American with OCI card to be in India because he married an Indian lady. This trust does not have FCRA registration number for its bank to receive foreing fund. The staff they know who is sending fund to this Trust and how much for supporting at least 2 staff becasue the donar was in Kodaikanal wherer the Trust is establised. In this situation the present American paster is receiving the fund from the donor into his bank account in USA and not giving accounts for the entire money that is for other fundsin addition to this specific support for salary of staff. I see various issue like FCRA violation as it is foriegn fund becase of the source of fund. This pastor takes the money through his ATM and without declaring the source bringing into the trust by cash as income. The staff say that their salary remained the same for more than 10 years and the money is not used for salary also to cmpensate them appropriately. When they raise the issue it results in termination of employement so they are wrking under threat and without any agreement. No leave policy and except 1 sick leave per month with pay (can't accumulate for a year), no leave is allowed. Any leave is considered as absent and salary is deducted with a calculation of Total salary of the month divided number of days worked in that particular month which is more than the actual salary of a day when divide the total salary of the month by number of days in that month. So staff are not in agreement of the formula what they use for deduction of salary for their absence. The staff want at one day Casual leave per month per practic in India but it not agreed by the American pastor who managed the trust.

So my questions are: (1) Can the employer deney sufficient number of leave per month to staff? What can the staff do to claim their ringhts? (2) Though I agree the termination of job/position is illigal, what is legal process to close the position if there is no need in future and no budget to support? (3) How the staff can claim their rights for increase in salary and agreement in writing? Can they claim it as their permenent job because of their continutiy and PF, etc.? 

Please advice. Thank you.

The existence of employer-employee, master-servant relationship should decide such issues and not the constitution of the establishment. If any charitable institution employs a worker it should be under the purview of labor laws!

You need to inquire about the amount paid is salary or what?

You may gon thru illustrated threads at:

https://www.lawyersclubindia.com/experts/Payment-of-Gratuity-600816.asp

https://www.lawyersclubindia.com/experts/Payment-of-gratuity-601256.asp

I have been part of a Trust as a Trustee which has a church and other Trust which did not bank with FCRA registration. The second trust was a Public Charitable and Educational Trust which receives fund from foreigners who are working in India with employment visa but involved in Christian religious activities leading the church under the 1st Trust. From abroad these foreigners receive fund via their bank a/c in abroad and India then withdraw the money through the ATM and bring the fund to the 2nd tust which sometimes send its fund to the 1st trust. These 2 Trust are managed by an American who is the pastor married an Indian lady who is the Managing Trustee of the 1st Trust. Some fund is kept with the pastor without bringing into any trust but some amounts are brought in by him for specific program. Seeing all such a mess, I resigned from the 1st Trust and requested for some documents from the pastor and managing trustee. They refused to provide acceptance to my resignation and required documents like last month cash book copy, major minutes of my tenure, etc. What can I do? Can I disclose all violations what I know like visa violation, etc.to Indian Government? The foreigners do not want to adhere to the law of the land. Please advise how to proceed.

My role was a Trustee of the 1st Trust and Assistant Leader & Translator of the Church. I do not have any access to their finance except review their accounts at end of every month so financial irregularity at my side. I did not want to be Trustee considering the liability of Trustee in the case of non-compliance and unsatisfactory accountability. Can the foreigners do religious work through the church under the 1st Trust? If it is a violation what would be the responsibility of the Trustees as they do not listen because they bring fund and pay the workers? What is your opinion of the foreigners using their ATM to fud the 2nd Trust - Is it okay under FCRA? If they directly fund some programs at the village without bringing into any trust account and doing some Gospel work. The pastor did not want to accept my resignation because I resign with stating the reason for my resignation. The Trustees of the second Trust want everyone to conceal the source of fund so anonymous donations are found. All such fund is coming by cash though exceeding Rs.20,000 in single time. The foreign pastors family expenditure per month like rent Rs.25,000, car fuel & maintenance Rs.8,000,education Rs2,000, Food Rs.20,000, etc thus ended up with annual expenditure of exceeding Rs.2,40,000. Will he have problem with Income Tax as he does not file IT Return and his wife does not file IT Return though she has PAN. I don’t know how all will affect the Trustees. Please share your thoughts. Thank you.

(1) Can the employer deney sufficient number of leave per month to staff? What can the staff do to claim their ringhts?

No, employer are bound by the laws of the land and cannot deviate from it. If there is any violation of law (i.e. leave), the aggrieved employee may approach the appropriate authority. ( a labour commission/ inspector may be)

(2) Though I agree the termination of job/position is illigal, what is legal process to close the position if there is no need in future and no budget to support?

Depending on the total strength of employee and other factors, employees can be allowed to go with retrenchment compensation and upon full and final settlement of all their dues. Must be done in a "last come first go" method.

(3) How the staff can claim their rights for increase in salary and agreement in writing? Can they claim it as their permenent job because of their continutiy and PF, etc.? 

They can claim through joint petition/ union. Also check if there is any violation of minimum wages, if so, then he can claim before the inspector.