Suggestion about professional life

Originally posted by : Prakash
	HI everyone, thank you for good response. Now I got Good job in bagalore, I only given ex-compny experince letter  to new Compny  . becouse there is few resone 1. Current compny not proving any salary slip, when I am asking, they are telling we are family. we are not proving any letter. 2.  Compny is not cut any taxes and PF. only trasfer amont to my account. 3.  Compny not register in indian goverments, its register in US 4.  policy is not employee familer' Ineligible Leave - Employee is not eligible to take leave during probation. Employee may also be ineligible for leave if he/she does not have any leave time available or does not have enough days accumulated at the time of leave application. When an employee still decides to take leave a pay penalty is incurred as follows. - 1 day leave you will incur a 5 days loss of pay penalty. - 2 to 5 days leave you will incur a 15 days loss of pay penalty. - more than 5 days you will incur a 30 days loss of pay penalty. - more than 10 days the company may terminate employment. *This applies for both in-probation and confirmed employees. As per My Thinking, I have to stop to going  compny after got salary.

Are you still employed with said company (current) whose policies you have posted in query?

Have you mentioned the details of employment with this current company alongwith Ex- Company in job application to next company with whom you have got good job?

Or you have concealed details of employment with current company?

While posting such queries employee should post basic information!

What is this establishment; Govt, private, 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? Are you under probation period or your service is confirmed in writing?

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

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

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

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Some of the points you have mentioned and you may post on remaining.

Registration of Company; For a/any company operating in India the Indian Laws shall apply.

Check again the company might have displayed registration certificate e.g; under Shops & Estbs Act near entry/reception.

Salary Slip; the employer must supply salary/wage slip e.g; under Payment of Wages Act; 13A, Min. Wages Central Rules; 26(3, 4)

The establishment must be submitting the requisite forms/registers to the concerned authority by paper/electronic/digital mode e.g; various forms/registers prescribed under Shops & Estbs Rules…

Check with Inspectorate of Shops & Estbs Act

PF; GO thru; Employees' Provident Funds & Miscellaneous Provisions Act, 1952 If the establishment was covered by say. No. of employees and Act applied/applies and employee ( e.g; you) is covered by provisions of the Act and wage ceiling  (from DOJ to LWD) then employer has to deduct the employee’s contribution  and add employer’s contribution and deposit with EPFO.   

Non compliance is offence.

Meet PRO/APFC in nearest/jurisdictional PF office.

Likewise go thru; Employees' State Insurance Act, 1948 and relate your matter.

Gratuity; Likewise go thru; Payment of Gratuity Act, 1972 and relate your matter.

Taxes; Probably you are pointing to Income Tax.. The employer has to deduct tax and deposit issue and supply Form16 or can be penalized.

 Complaint can be lodged with ITO where employee files ITR and jurisdictional CIT where employer files ITR.

Termination; In case of unauthorized absence (that is misconduct) for more than say 8-10 days, IT may be termed misconduct employee may lose lien on employment ….

Why should employee be on unauthorized absence.. and give opportunity to establishment and employer for action for a committed misconduct!

With reference to other threads [posted by you;

Appointment letter; Enactments e.g; Shops & Estbs Act in many states lay down that appointment letter is to be issued to employees.

Leave; during probation period or afterwards….Relate with the provisions of applicable enactments e.g; Shops & Estbs Act , Standing Orders (Model /certified) for NO. of leaves and also for leave encashment and deductions..

Carefully go thru the language and check; it might be mentioned that employee is eligible ( CL/SL/EL) and in case of leave employee should submit intimation of leave and leave application under proper acknowledgment and maintain records..

And go thru def. of wages that is explained for purpose of Leave encashment and deductions…

If IT is basic Salary then IT shall be basic salary…

Relate with applicable enactments..

Notice period; The notice period/notice pay in lieu of notice period/rate of notice pay is part of service conditions and governed by various enactments applicable to establishment/employer/employee…

e.g; If establishment is covered by Shops & Estbs Act and employee is covered by def. of Employee as in the Act the notice period may be as per length of service for employer..and in some states for employee as well. There is provision for notice pay in lieu of notice period.

If establishment is covered by Standing Orders (Model /certified) and employee is covered by def. of Workman/designation of employee is covered by certified standing orders  the notice period may be NIL during probation period and max. 30days after confirmation... There is provision for notice pay in lieu of notice period.

ID Act does not lay down notice period for employee but lays own for employer in case of retrenchment.

You may check if the establishment/employer agrees to accept notice pay in lieu of (shortfall in) notice period, in case you cannot serve for more than ……..days and get separated by getting above mentioned docs.

Or you may ask next establishment that you want to join to extent the joining period in offer letter and also to buy out notice period and check what is the response.

If you have the requisite skills and have developed rapport with Line Managers/HR/Employer then they may agree and provide desired relief and may even absorb you with service certificate/reliving letter/appointment letter/experience letter.

Service certificate; has to be supplied to all employees. Even enactments lay down e.g; Model Standing orders..

As per Shops & Estbs Rules the establishment has to submit various registers on wages, tenure ( DOJ-LWD) and authenticated/certified copies of record can be obtained.

Relate with applicable enactments..

All enactments may be available on Dept. of Labor website of the state.

The provisions of applicable enactments/statute/instrument of law/presences’ in matter of service jurisprudence prevail upon any private agreement/contract drafted by employer and signed with employee e.g; appointment letter/contract of employment etc... The T&C in private agreement/contract drafted by employer and signed with employee that is violative of applicable enactments shall be void.

The contract of employment should promote equitable discretions.

Or if employee is not covered then relate with service conditions as in Contract of Employment.

Employee should consult elders of the family, competent and experienced well wishers, seasoned employee’s/trade union leaders, a very able senior LOCAL CA/counsel of unshakable repute and integrity specializing in Labor/service matters   and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..and become properly informed.

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Labor court/CGIT, CAT, School-Educational Tribunal, Civil courts, HC, SC……

You have joined and remained with current company by your free will and at the time of separation (amicable preferably) get all docs as already explained above and avoid getting trapped by any lapses from your end..The current establishment may resort to proceedings in case of misconduct and terminate and/or press charges of los and damages. You can avoid by interacting with current employer and also build favorable (written) record while in employment.

Also do not commit anything (wrongdoing) that may annoy next employer. Rather take their help and settle down, as already explained above. Use the time to get all pending employment docs from current establishment, for future reference and use.

While you decide, you may go thru Articles under my profile and pick up relevant points..

No Income Tax on Notice Pay of Employee

No charge of Unauthorized Absence on Employee after Expiry of Notice Period!

'Joining Bonus' returned to ex-employer cannot be deducted from salary income!

Originally posted by : Kumar Doab
	Originally posted by : Prakash HI everyone, thank you for good response. Now I got Good job in bagalore, I only given ex-compny experince letter  to new Compny  . becouse there is few resone 1. Current compny not proving any salary slip, when I am asking, they are telling we are family. we are not proving any letter. 2.  Compny is not cut any taxes and PF. only trasfer amont to my account. 3.  Compny not register in indian goverments, its register in US 4.  policy is not employee familer' Ineligible Leave - Employee is not eligible to take leave during probation. Employee may also be ineligible for leave if he/she does not have any leave time available or does not have enough days accumulated at the time of leave application. When an employee still decides to take leave a pay penalty is incurred as follows. - 1 day leave you will incur a 5 days loss of pay penalty. - 2 to 5 days leave you will incur a 15 days loss of pay penalty. - more than 5 days you will incur a 30 days loss of pay penalty. - more than 10 days the company may terminate employment. *This applies for both in-probation and confirmed employees. As per My Thinking, I have to stop to going  compny after got salary.     Are you still employed with said company (current) whose policies you have posted in query? Have you mentioned the details of employment with this current company alongwith Ex- Company in job application to next company with whom you have got good job? Or you have concealed details of employment with current company?

1.Are you still employed with said company (current) whose policies you have posted in query?

Ans : Yes, Currenly I am emplyoyee of compny whose policies you have posted. I am taking taking time to take final dicission. So I am collecting information, if 

I have to stop to going  compny after got salary. What compny take action on me. 

I alredy known that, they will nothing do. becouse its startup compny and there are 13 pepole. startup not interest to go to police like that. But I want to sure what they can do if I have to stop to going  compny.

2. Have you mentioned the details of employment with this current company alongwith Ex- Company in job application to next company with whom you have got good job?

Ans : I mentioned the details of employment with only  Ex- Company in job application to next company with whom you have got good job. becoause there is few resones , its mention in query.
3. you have concealed details of employment with current company?

Ans : Yes, I want to hide all information of my current compny.