Hi, I am a Company Secretary by profession. I was appointed as a CS in a private limited company two months ago, and this is now my third month.
The registered office is in Mumbai, and I am based in Mumbai, but the administration is managed from the state of Karnataka. The company has not issued me an appointment letter or a letter of intent. The PF registration is in the state of Karnataka.
When I requested an appointment letter, I was asked to prepare and submit it myself. However, to date, the management has not issued the aforementioned letter.
I have been instructed to report to either the MD or the consultant of the company, but typically, I report to the consultant only.
I encountered issues receiving my salary for the second month. After discussions with the management, I received my salary on August 12, 2011. The company deducts provident fund and professional tax from my salary but does not provide me with a salary slip.
There seems to be a lack of proper coordination between the executives and the management.
I am unsure whether, without an appointment letter, letter of intent, or salary slip, I can be considered an employee of the company. Additionally, I do not sign the muster roll.
Given these circumstances, I am considering resigning. Should I submit a formal resignation letter, or would it be sufficient to verbally communicate my intention to resign and then leave the company?
I would appreciate your advice as I believe I am currently not being involved in any company activities and am essentially wasting my time.
From India, Pune
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The registered office is in Mumbai, and I am based in Mumbai, but the administration is managed from the state of Karnataka. The company has not issued me an appointment letter or a letter of intent. The PF registration is in the state of Karnataka.
When I requested an appointment letter, I was asked to prepare and submit it myself. However, to date, the management has not issued the aforementioned letter.
I have been instructed to report to either the MD or the consultant of the company, but typically, I report to the consultant only.
I encountered issues receiving my salary for the second month. After discussions with the management, I received my salary on August 12, 2011. The company deducts provident fund and professional tax from my salary but does not provide me with a salary slip.
There seems to be a lack of proper coordination between the executives and the management.
I am unsure whether, without an appointment letter, letter of intent, or salary slip, I can be considered an employee of the company. Additionally, I do not sign the muster roll.
Given these circumstances, I am considering resigning. Should I submit a formal resignation letter, or would it be sufficient to verbally communicate my intention to resign and then leave the company?
I would appreciate your advice as I believe I am currently not being involved in any company activities and am essentially wasting my time.
From India, Pune
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Instead of taking such an action, give them a letter of your intentions:
1. A formal letter of appointment would be required to carry out the job.
2. The job requires signing various documents, and hence it is appropriate to have some authority document, i.e., a letter of appointment.
3. Salary issues shall be resolved as soon as possible.
4. If the management finds it difficult to pay the salary and issue the letter of appointment, it is appropriate to leave the organization.
From India, Jaipur
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351. A formal letter of appointment would be required to carry out the job.
2. The job requires signing various documents, and hence it is appropriate to have some authority document, i.e., a letter of appointment.
3. Salary issues shall be resolved as soon as possible.
4. If the management finds it difficult to pay the salary and issue the letter of appointment, it is appropriate to leave the organization.
From India, Jaipur
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Thanks, Mr. Jain.
I had coordinated the salary matter with the Consultant (CA) of the Company, where he resolved the issue by discussing it with the MD last month. However, there has been no communication regarding the issuance of the salary slip.
To date, the company has not provided me with an appointment letter. Therefore, I intend to write a letter to the company expressing my desire to continue working with them as a Consultant for company-related matters and not as an employee. I propose that the company pays me a retainer fee for my services.
Your advice on this matter is greatly appreciated.
From India, Pune
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I had coordinated the salary matter with the Consultant (CA) of the Company, where he resolved the issue by discussing it with the MD last month. However, there has been no communication regarding the issuance of the salary slip.
To date, the company has not provided me with an appointment letter. Therefore, I intend to write a letter to the company expressing my desire to continue working with them as a Consultant for company-related matters and not as an employee. I propose that the company pays me a retainer fee for my services.
Your advice on this matter is greatly appreciated.
From India, Pune
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I suggest that whenever you mention in the mail, put those things on paper. Say that you have not received any appointment letter, no muster rolls, and no payslip. Also, mention that you are reporting to a consultant and not receiving your pay on time. Considering all these factors, you are not interested in continuing and will submit your resignation letter to close the matter instead of quitting the company after verbal communication. Even if they take any actions after some time, ensure you do not leave any room for ambiguity.
Thanks and regards,
Kameswarao
From India, Hyderabad
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Thanks and regards,
Kameswarao
From India, Hyderabad
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Thank you for your response, Mr. Kameswarao.
It appears that the Managing Director listens to the advice of the Consultant (CA). When I discussed the aforementioned issue with the Consultant, I was informed that I could make a decision after six months or possibly a year.
From India, Pune
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It appears that the Managing Director listens to the advice of the Consultant (CA). When I discussed the aforementioned issue with the Consultant, I was informed that I could make a decision after six months or possibly a year.
From India, Pune
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Gauri,
It appears from your communication with the company that they are neither professional in their approach nor willing to be so. The working conditions are not conducive for maintaining a professional relationship with them. It is up to you to decide whether to continue with them or leave the organization.
The consultants of the company come from a financial background and lack exposure to basic employment laws. In summary, it is a company that operates in a rather informal manner; they may make verbal promises but are unwilling to put them in writing, making it unpredictable whether they will fulfill their commitments.
From India, Jaipur
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It appears from your communication with the company that they are neither professional in their approach nor willing to be so. The working conditions are not conducive for maintaining a professional relationship with them. It is up to you to decide whether to continue with them or leave the organization.
The consultants of the company come from a financial background and lack exposure to basic employment laws. In summary, it is a company that operates in a rather informal manner; they may make verbal promises but are unwilling to put them in writing, making it unpredictable whether they will fulfill their commitments.
From India, Jaipur
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Well said, Mr. Anurag. Yes, I also feel the same about Lala Style company. They want the CS just to comply with the Co's Act, but actual involvement, they are silent. That's the reason I was thinking of providing consultancy services, as I think as a professional, am I doing justice to what I am actually doing.
From India, Pune
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From India, Pune
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Dear Gauri, My opinion is, "You must leave the company as soon as possible." I had a similar experience in HR. There is no worth giving your services to a nonprofessional organisation!
From India, Bangalore
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From India, Bangalore
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Dear Gauri,
I have a similar case in my company. I have been trying to get our HR to issue me an appointment letter, a job description, etc., since I was only verbally "transferred" as a trainer. Whatever your decision is, whether to stay or not, make sure that you have made your complaint (or whatever you may call it) clearly to them IN WRITING through email or in print, and make sure it has a "RECEIVED" stamp on it. This will serve as your evidence when litigation becomes necessary.
Good luck,
Sandy
From Philippines, Sucat
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I have a similar case in my company. I have been trying to get our HR to issue me an appointment letter, a job description, etc., since I was only verbally "transferred" as a trainer. Whatever your decision is, whether to stay or not, make sure that you have made your complaint (or whatever you may call it) clearly to them IN WRITING through email or in print, and make sure it has a "RECEIVED" stamp on it. This will serve as your evidence when litigation becomes necessary.
Good luck,
Sandy
From Philippines, Sucat
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Gauri,
This company is not worth pursuing. Do not even consider associating with this company as a consultant. After your consultancy job, if they do not pay you the "consultancy charges," are you planning to discuss it with your MD or another person?
Secondly, I do not believe in keeping evidence like having a letter with a "received" stamp on it. What is the intention behind it? Do you aim to go to court and file a suit against the employer? Our time is precious. You have only two options: continue or quit. If you choose to continue, accept whatever is happening. If you want to quit, make the decision promptly. Choose what is best for you.
Balaji
From India, Madras
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This company is not worth pursuing. Do not even consider associating with this company as a consultant. After your consultancy job, if they do not pay you the "consultancy charges," are you planning to discuss it with your MD or another person?
Secondly, I do not believe in keeping evidence like having a letter with a "received" stamp on it. What is the intention behind it? Do you aim to go to court and file a suit against the employer? Our time is precious. You have only two options: continue or quit. If you choose to continue, accept whatever is happening. If you want to quit, make the decision promptly. Choose what is best for you.
Balaji
From India, Madras
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