I worked in a cmpny fr 13 months.my salary was 8pm,with basic 5000..at the time of joining they offer me fix ctc of 0.96.after 6 months they implement pf deduction.when i denied they told me to take salry in cash.i agreed for that.but that time they didnt told me that you will not get any documents.from Next month onwards they did not issue me salary slips.whn i asked them for they same,they told me that you will not get n some how convinced me.but that time also they did not told me dat i vill not get any documents.when i resigned due to medical issue after one year.i served proper notice.but at the time of relieving they handover me only exp letter of one month n relievieng letter of only 6 month.on asking they are now saying u were offrol employee.you will not get relieving n exp letter of one month.what can i do? i have copy of resignation mail which i i hve served in last month.pls suggest me.can i go for some legal action?
From India, Bhopal
From India, Bhopal
You cannot decide whether PF is to be deducted or not. You/ company has to abide by the law. Since you have asked the company not to deduct your PF, and somehow the company agreed to that by putting you off roll.
In that period your salary was paid in cash and the company most probably did not show you as an employee to the PF authority, which is also violation of the law.
Surely you can take legal action against the company and you have a good case too. But are you ready to spend time and money (legal fees) for an experience letter?
From India, Kolkata
243In that period your salary was paid in cash and the company most probably did not show you as an employee to the PF authority, which is also violation of the law.
Surely you can take legal action against the company and you have a good case too. But are you ready to spend time and money (legal fees) for an experience letter?
From India, Kolkata
Dear Ankita ,
Dont waste your time in this legal matter , as per your statement you dont want PF that time , so you also in fault , so handover the all documents and vacate.
now PF is compulsory. if u have agreed or not .
From India, Mumbai
Dont waste your time in this legal matter , as per your statement you dont want PF that time , so you also in fault , so handover the all documents and vacate.
now PF is compulsory. if u have agreed or not .
From India, Mumbai
respected ritesh maithy sir,
my company has not intimated anything like that in writtrn or via mail that they are doing me offrole.I have also not signed any of the documents for the same.its my career concern,i have work thr with full loyalty. when they started deductng pf,they told me that its mandatory for all.i denied n resigned on the same day.but they call me said we do not want a employee like you to leave our org,then i told them sir,i can not survive in such less money.so that time they offer me that we can give you salary in cash.but they have not told anything like offrole that time.if they told me why i have wrkd thr fr more six month.And they are giving me only 6 month experience certificate..while i have worked thr for 1 yr.it vill effect my carrer growth too that is why i need proper relieving n exp letter from this company.
From India, Bhopal
my company has not intimated anything like that in writtrn or via mail that they are doing me offrole.I have also not signed any of the documents for the same.its my career concern,i have work thr with full loyalty. when they started deductng pf,they told me that its mandatory for all.i denied n resigned on the same day.but they call me said we do not want a employee like you to leave our org,then i told them sir,i can not survive in such less money.so that time they offer me that we can give you salary in cash.but they have not told anything like offrole that time.if they told me why i have wrkd thr fr more six month.And they are giving me only 6 month experience certificate..while i have worked thr for 1 yr.it vill effect my carrer growth too that is why i need proper relieving n exp letter from this company.
From India, Bhopal
Most probably the company is not going to show you as their employee for the period in which you were paid in cash. If it is established that you have worked in the company for certain period, but they have not deducted PF as per the Act, then the company will be in legal trouble from PF authorities. Hence, the company will try not to give you any documents related to the said period.
Legally speaking, you have more advantage in this situation since it is the duty of the company to comply with statutory complinaces like ESI, PF.
If you have evidence like attendance register, salary register, internal memo, letter of authority etc.for that period, you can surely prove your employment.
You may send a letter through speed/ register post stating the company that you have worked from .... to .... and since you have separated you require relieving and experience certificate.
From India, Kolkata
Legally speaking, you have more advantage in this situation since it is the duty of the company to comply with statutory complinaces like ESI, PF.
If you have evidence like attendance register, salary register, internal memo, letter of authority etc.for that period, you can surely prove your employment.
You may send a letter through speed/ register post stating the company that you have worked from .... to .... and since you have separated you require relieving and experience certificate.
From India, Kolkata
You have decided to evade the law.
You have further decided to do an illegal act of taking your salary in cash and avoiding all taxes and statutory dues. The company is therefore not showing you as an employee. There is no way they will give you any experience certificate or any other record to show that you worked there for the period when they gave you payment in cash.
For you to claim now that you didnt know they would nt show you as employee is very stupid. It should be obvious that they will not show you as employee when you are not getting paid by the company officially.
Your taking any action against the company will be a waste of time, unless the company has been stupid in its documentation (which i doubt). You will need to find some way to explain this to your new employer. But you should have thought of this before doing an illegal thing
From India, Mumbai
You have further decided to do an illegal act of taking your salary in cash and avoiding all taxes and statutory dues. The company is therefore not showing you as an employee. There is no way they will give you any experience certificate or any other record to show that you worked there for the period when they gave you payment in cash.
For you to claim now that you didnt know they would nt show you as employee is very stupid. It should be obvious that they will not show you as employee when you are not getting paid by the company officially.
Your taking any action against the company will be a waste of time, unless the company has been stupid in its documentation (which i doubt). You will need to find some way to explain this to your new employer. But you should have thought of this before doing an illegal thing
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Relieving & Experience Letter.doc