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sachin   21 October 2016

Employer not giving me experience certificare

Hello,

My employer has offered me a scholarship 4 years ago under skill development program of CSR (corporate social responsibility), according to which, I will get trained in their office for 4 years and will get my post graduate degree(M.Tech). However, for the last 4 years, our training happened only on sunday and we were made to work in their office like a normal employee from monday to friday. They also bill MNC clients for our work.

We are given a normal employee id and employer show us(students) as employees of the company to clients. We also sign NDA with clients. Professional tax is deducted from our scholarship amount. We also get form 16 from employer where to government, we are shown as employees of the company. Even after working as a employee for as long as 14 hrs in a day, we don't get any employee benefits

After working for 3 years 10 months, I had a conflict with one of the manager after which they forced me to submit my resgination post harassing me in a closed room and threatening me of dire consequences. They denied me an experience certificate saying that I am a student and not an employee. They forced me to leave my 4 years course in between due to which now i will not even get my M.Tech degree.

What should I do now to get my experience certificate and degree? Can i approach labour court? Is earning revenues from students legal? Isn't this tax evasion as students, to whom scholarship were offered under tax-benefit program, are shown as employees of the company, to earn money from clients?

Please reply



Learning

 8 Replies

Kumar Doab (FIN)     21 October 2016

It is same query:

https://www.lawyersclubindia.com/forum/Can-employer-earn-money-from-students--143476.asp

Kumar Doab (FIN)     21 October 2016

But facts differ.

sachin   21 October 2016

Yes but both are valid in my case. 

Kumar Doab (FIN)     21 October 2016

What does non-discolosure agreement agreement contain?

If your legitimate rights are infringed then you can show everything to your counsel for opinion.

Prefer to show evertyhing to your own counsel specializing in Labor/service matters, for a considered opinion.

 

sachin   22 October 2016

Yes, I have sent a legal notice through my counsel. But understood many more facts after sending legal notice. Before going to court, I posted here to know if my understanding is right with regards to all wrongdoing done by company

Kumar Doab (FIN)     22 October 2016

What does non-discolosure agreement agreement contain?

sachin   26 October 2016

It says not to share any information with clients, other companies, suppliers etc. But I have not signed it. As they are not consdering me as an employee despite of working as a normal full-time employee, Can I go to labour court?

Kumar Doab (FIN)     27 October 2016

If you have not signed it may not succeed to be applicable to you.

Your own counsel specializing in Labor/service matters, that has examined all dcos and inputs can opine the best.

 


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