Mohankumar J Megha (Asst. Managing Editor) 11 January 2012

My rights as a employee

I have joined a company 1 month ago. Being my first job, I am unaware of laws & my rights. I have some questions for which I am worrying very much. Please help me:

1. How to know whether the company is registered or not? (I heard that company is registered in US and not in India and for your information, I didn't see the Pvt. Ltd any where written [it uses "Groups"] ).

2. Company is not paying PF. What does this signify? And how important is PF for an employee?

3. Company denies to give pay-slip. How will this effect my future?

3. Company changes its rules every now and then according to their requirement. Is this feasible?
(e.g. If you take leave for more than 2 days, it will deduct double the amount of Loss of Pay, company fines for targets not achieved, etc etc)

4. What are my basic rights being an employee?

5. Can a company make the employees to work more than 8 hrs according to the law? If not, how to proceed against it?

6. I have signed an agreement to work for 1 year in that company. Am I legally wrong?

7. How are CLs & PLs given and who is eligible for it (a pemanent employee or even a signed employee like me) ?

It is my earnest request to the experts to answer my questions. I hope you can understand my situation.

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4 Replies

Kumar Doab (FIN) 11 January 2012

An American or USA company planning to open business in India - subsidiary, branch, or joint venture - should meet all the requirements. It is also required to seek governmental approval before investing in India. Some approvals are automatic, - RBI Approvals - though application is required for those approvals. Special Permission - FIPB Approvals - could be obtained to invest over and above the regular percentage allowed.

The following types of Business entitles are available in India:

Private Limited Company
Public Limited Company
Unlimited Company
Partnership
Sole Proprietorship

In addition to the above legal entities, the following types of entities are available for foreign investors/foreign companies doing business in India:

Liaison Office
Representative Office
Project Office
Branch Office
Wholly owned Subsidiary Company
Joint Venture Company

https://www.neerajbhagat.com/starting-business-in-india.html

https://madaan.com/incorporateprocedure.html

Are you an employee appointed by the company? You are a employee of which company, parent company or client company in India?

If salary slip is not issued you may ask for salary certificate stating accounting purpose, opening bank a/c etc.

You may show your agreement to a competent and experienced service lawyer for clarity.

Kumar Doab (FIN) 13 January 2012

It is believed that you have not been issued any appointment letter. You do not have copy of standing orders. You are neither aware of the US rules if this company is applying US rules on you.

You have been assigned work in line with service agreement.You may approach a competent and experienced service lawyer with copy of your service agreement. The conditions mentioned by you are pathetic.

Your lawyer may beable to liberate from the service agreement/bond.

Hemanth (Customer Support Executive) 29 December 2014

Hi All,

Am working in a Pvt Ltd company. They issued offer letter & i joined. Company is refusing to give Pay slips. There is no mail confirmation on Salary breakup which am receiving the salary. They are deducting my salary for every leave i had taken & telling that loss of pay..Could you people help me to resolve the issue..

Thanks & Regards,

Hemanth kumar N

Kumar Doab (FIN) 29 December 2014

Salary Slips: have to be issued atleast a day before the disbursement of wages on fixed day of payment of wages and should be signed by both employer and employee,,,,,,according to many enactments applicable to the establishment e.g

Payment of Wages Act:Sec:13A

Min.Wages central Rules: 26(3,4)

No deduction other than stautory ones can be made without consent of the employee and every deduction has to be shown in payslip/wageslip..............and record has to be maintained

as per above mentioned enactments and also as per various forms and registers prescribed in :

(Name of the state) Shops and Commercial Establishments Act

(Name of the state) Shops and Commercial Establishments Rules

Standing Orders (certified/Model)

Leave : Right to various kinds of leave shall be governed by various enactments applicable to the employee/employer /establishment............e.g.: (Name of the state) Shops and Commercial Establishments Act

Leave policy/rules of the company can not be inferior to the enactments applicable to the establishment but can be superior....................

Standing Orders (model /certified) also lay down that leave application/information has to be given in advance and approval /declinature has to be supplied to employee in writing.............

You may go thru Model Standing Orders........................

Apparently your company is not approving the leave for creating LOP........

You may download the HR policy/service rules and regulations referred to /mentioned in appointment letter and download these /employee handbook/Leave Policy from website or obtain printed version from HR head.....................

Get into touch with employee's/Trade Unions leaders/Labor Law consultant/Service matter lawyer and proceed under expert guidance of your counsel..