Actually, I am in a critical situation and need someone's help with this. I was working in a company based on a contract for about 6 months. At the beginning, the interviewer mentioned that I would have ESI and PF benefits, and also assured me of job security after 6 months. However, after 4 months, when I inquired about my statutory benefits and job assurance, he now claims that he never made such promises and cannot recall what was discussed. This made me feel very disappointed.
I do not even have an employee ID, ESI, PF, or a valid offer letter. I would like to know what documents I should collect from the company after 6 months and whether this situation falls under the contract act. Also, if I were to search for another job at a different company, would I face any issues? If anyone knows a solution, please let me know as I am actively seeking your response.
From India, Bangalore
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1I do not even have an employee ID, ESI, PF, or a valid offer letter. I would like to know what documents I should collect from the company after 6 months and whether this situation falls under the contract act. Also, if I were to search for another job at a different company, would I face any issues? If anyone knows a solution, please let me know as I am actively seeking your response.
From India, Bangalore
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Dear Archana,
What you are facing is really very sad. Specially when to put you best efforts to push your carrier in a systematic way. It is very disgusting how some people / management make false commitments to fulfil a situation.
Since you have not get any documents, so I can’t say whether they are deducting any PF-ESI or what statutory benefits you are entitled.
Still there are some basic points through which you can strong your case.
1 They have not issued any docs to you, but you remember what docs you signed during the recruitment process. Can you arrange copy of the docs?
2 Whether you get any Pay Slip, If yes than we can identifiy what deductions made and what are your entitled benefits.
3 The salary is being paid Cash or Bank Transfer. In case of Bank transfer you can put your claim that you are working for them and they can’t terminate you without any reason. Moreover in case of Contractual Employees TDS is deducted. You can claim your TDS by filling ITR.
However, you should not get panic, there are many other establishments which take care of employee benefits and share all documents. Look for an alternative job related to your interest and qualification. If you find any job give adequate notice period and you can join new company. It will neither create any problem nor any extra cost to you.
Hope the above will motivate you to come out from the hard situation. Senior member can throw more light on the matter.
From India, Delhi
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What you are facing is really very sad. Specially when to put you best efforts to push your carrier in a systematic way. It is very disgusting how some people / management make false commitments to fulfil a situation.
Since you have not get any documents, so I can’t say whether they are deducting any PF-ESI or what statutory benefits you are entitled.
Still there are some basic points through which you can strong your case.
1 They have not issued any docs to you, but you remember what docs you signed during the recruitment process. Can you arrange copy of the docs?
2 Whether you get any Pay Slip, If yes than we can identifiy what deductions made and what are your entitled benefits.
3 The salary is being paid Cash or Bank Transfer. In case of Bank transfer you can put your claim that you are working for them and they can’t terminate you without any reason. Moreover in case of Contractual Employees TDS is deducted. You can claim your TDS by filling ITR.
However, you should not get panic, there are many other establishments which take care of employee benefits and share all documents. Look for an alternative job related to your interest and qualification. If you find any job give adequate notice period and you can join new company. It will neither create any problem nor any extra cost to you.
Hope the above will motivate you to come out from the hard situation. Senior member can throw more light on the matter.
From India, Delhi
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Dear All,
Thank you for your response, Pan Singh. Your words really motivated me a lot. Here, I will tell you based on your queries. Yes, I received my salary by bank transaction, and they didn't give any payslip as of now. I directly spoke with them regarding my ESI, PF. They said, for contract employees, it's not applicable (ESI and PF).
I can remember that only I signed the joining documents; apart from that, I didn't sign anywhere. Please tell me how TDS is applicable to me. I am the only person working based on a contract. Currently, I am working as an HR Coordinator. Please reply to me.
Archana.K
From India, Bangalore
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Thank you for your response, Pan Singh. Your words really motivated me a lot. Here, I will tell you based on your queries. Yes, I received my salary by bank transaction, and they didn't give any payslip as of now. I directly spoke with them regarding my ESI, PF. They said, for contract employees, it's not applicable (ESI and PF).
I can remember that only I signed the joining documents; apart from that, I didn't sign anywhere. Please tell me how TDS is applicable to me. I am the only person working based on a contract. Currently, I am working as an HR Coordinator. Please reply to me.
Archana.K
From India, Bangalore
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Dear Archana,
Pls note my observations:-
1 Since pay slip / offer letter not available than we can’t say your entitlement for statutory benefits (PF, ESI, Bonus etc.). But you get bank transfer salary, hence they can’t deny for your employment with them. Means in case the company terminate you, they are bound to give notice period. Or they have to show a valid contract agreement (duly signed by you) wherein Fixed Term (period) has been specified. Moreover, pls check whether you are getting the promised package. Means if they have offered Rs. 20k as monthly salary / remuneration, whether you are getting the amount or even less?
2 As they have already denied that PF-ESI is not applicable for contract employees, hence you will not get the benefits. Unless they enroll you as an employee.
3 What were the joining documents? How much pages were there? Further comments can be given only on basis of the documents signed by you.
4 In case of Fixed Term Contract (FTC) employment the company treat the employee as “PRFOFESSIONAL” not like an employee. In case of employee TDS is deducted only if the employee salary is more than the Income Tax Slabs. But in case of Contractual employment TDS is applicable payment to the professional / contractor. If your annual income is less than the Income Tax Rule, than you can claim the TDS (Tax deducted from monthly remuneration) from the Income Tax Dept.
Senior members can suggest more views.
From India, Delhi
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Pls note my observations:-
1 Since pay slip / offer letter not available than we can’t say your entitlement for statutory benefits (PF, ESI, Bonus etc.). But you get bank transfer salary, hence they can’t deny for your employment with them. Means in case the company terminate you, they are bound to give notice period. Or they have to show a valid contract agreement (duly signed by you) wherein Fixed Term (period) has been specified. Moreover, pls check whether you are getting the promised package. Means if they have offered Rs. 20k as monthly salary / remuneration, whether you are getting the amount or even less?
2 As they have already denied that PF-ESI is not applicable for contract employees, hence you will not get the benefits. Unless they enroll you as an employee.
3 What were the joining documents? How much pages were there? Further comments can be given only on basis of the documents signed by you.
4 In case of Fixed Term Contract (FTC) employment the company treat the employee as “PRFOFESSIONAL” not like an employee. In case of employee TDS is deducted only if the employee salary is more than the Income Tax Slabs. But in case of Contractual employment TDS is applicable payment to the professional / contractor. If your annual income is less than the Income Tax Rule, than you can claim the TDS (Tax deducted from monthly remuneration) from the Income Tax Dept.
Senior members can suggest more views.
From India, Delhi
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Hi Pan Singh,
I was receiving the salary as per what was mentioned in the interview, e.g., they mentioned 20,000, and I am receiving the same amount, not less than that. It's around 27 pages, including the PF form and nominee form, for all the employees. However, when I was filling out the form, they didn't provide that form. I thought it was missed and that they would give it to me later. But now, I have come to know that they had planned this intentionally.
I would like to know how the payslip is for contract employees and what documents I need to collect from the company. Please inform me.
From India, Bangalore
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I was receiving the salary as per what was mentioned in the interview, e.g., they mentioned 20,000, and I am receiving the same amount, not less than that. It's around 27 pages, including the PF form and nominee form, for all the employees. However, when I was filling out the form, they didn't provide that form. I thought it was missed and that they would give it to me later. But now, I have come to know that they had planned this intentionally.
I would like to know how the payslip is for contract employees and what documents I need to collect from the company. Please inform me.
From India, Bangalore
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Dear Archana,
There is nothing to worry about. It seems that due to false commitments (regarding PF-ESI, Bonus, etc.) during the recruitment process, you got confused and are now getting upset over silly issues. Please note my observations:
1. They are paying you the amount as committed. This means you are receiving what you were hired for.
2. No deductions have been made, so TDS is not applicable. You can't claim a refund.
3. They filled the PF-ESI and other forms possibly because it is their standard format applicable to all. Perhaps they have a plan to regularize the contract staff into permanent positions. Therefore, all documents were completed during the initial recruitment process.
4. You do not need to collect any documents from the company. You can request an Experience Certificate or Relieving Letter only when you decide to leave.
5. While the company should share the Offer Letter, Pay Slip, etc., if they are not sharing, it is not a big deal to worry about.
6. Put your best efforts into your job, gain experience, and improve your skills. When you feel you have a better option, search for a new one and then leave the company. However, first, confirm the general Notice Period to avoid any disputes when you decide to leave.
Just calm down; nobody cheated or is withholding your rights.
Please let me know if you need further assistance.
Thank you.
From India, Delhi
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There is nothing to worry about. It seems that due to false commitments (regarding PF-ESI, Bonus, etc.) during the recruitment process, you got confused and are now getting upset over silly issues. Please note my observations:
1. They are paying you the amount as committed. This means you are receiving what you were hired for.
2. No deductions have been made, so TDS is not applicable. You can't claim a refund.
3. They filled the PF-ESI and other forms possibly because it is their standard format applicable to all. Perhaps they have a plan to regularize the contract staff into permanent positions. Therefore, all documents were completed during the initial recruitment process.
4. You do not need to collect any documents from the company. You can request an Experience Certificate or Relieving Letter only when you decide to leave.
5. While the company should share the Offer Letter, Pay Slip, etc., if they are not sharing, it is not a big deal to worry about.
6. Put your best efforts into your job, gain experience, and improve your skills. When you feel you have a better option, search for a new one and then leave the company. However, first, confirm the general Notice Period to avoid any disputes when you decide to leave.
Just calm down; nobody cheated or is withholding your rights.
Please let me know if you need further assistance.
Thank you.
From India, Delhi
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Hi Pan Singh,
Thank you so much for providing such a great solution to my issues. Actually, I don't know whom I want to discuss with and who will give the right solution. Now I am feeling good. Once again, thank you.
Regards, Archana.K
From India, Bangalore
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Thank you so much for providing such a great solution to my issues. Actually, I don't know whom I want to discuss with and who will give the right solution. Now I am feeling good. Once again, thank you.
Regards, Archana.K
From India, Bangalore
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Hi Archana,
Pan Singh has shared valid points. Any person engaged in the organization should have social security benefits such as ESI and EPF, except for consultants and NEEM trainees. As advised, keep exploring your opportunities for learning and other job opportunities.
From India, Bangalore
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Pan Singh has shared valid points. Any person engaged in the organization should have social security benefits such as ESI and EPF, except for consultants and NEEM trainees. As advised, keep exploring your opportunities for learning and other job opportunities.
From India, Bangalore
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