I was suspended from work with no salary for 2 months. My consern is I never received an appointment letter since I was appointed 4 years ago. What are my chances of winning this case?
From South Africa, Johannesburg
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From South Africa, Johannesburg
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Hello,
Four years in employment, yet no letter of appointment! Understandable but not acceptable!!!
What are you employed as? I mean whether the duties actually performed by you indicate that you are a "workman" under the Industrial Disputes Act 1947. This is unlikely if you are a member of this board. Are "Model Standing Orders" or "Certified Standing Orders" under the Industrial Employment (Standing Orders) Act 1946 applicable to your establishment? How many people are employed by your company at the establishment where you are appointed to work? Do other employees appointed to do work same or similar to the work assigned to you have been issued letters of appointments?
Too many questions, but answers to these will decide your options in the situations, as:
1) If you are NOT a "workman" under the Industrial Disputes Act 1947, then you have precious little hope from labor law.
2) If you are not a "workman" under the Industrial Disputes Act 1947, then your relationship as to mutual rights and obligations is normally governed by the contract of employment (embodied by the letter of appointment incorporating "terms & conditions" of employment mutually accepted by the employer and the employee, but in this case such a document apparently does not exist at all, as you say.
Be that as it may, if you were a "workman" under the Industrial Disputes Act 1947 and if "Standing Orders" under Industrial Employment (Standing Orders) Act 1946 were applicable, even in that case, the employer could not have "suspended" by way of punishment for more than FOUR days. The employer has the right under certain circumstances to "suspend" a workman "pending inquiry" up to a maximum of 180 days and is obliged to pay you 50% of your wages as "subsistence allowance" for the first 90 days, 75% for the next 90 days, and full wages after the first 180 days even if the suspension continues.
As to your chances of "winning this case," depending on many factors and for that, we will need answers and/or data related to the above questions. Only after this will one be able to advise competently.
To get proper advice, you must state all facts to the counselor!
Think about it. Help is available, but you must determine if you need help or sympathy!!!
Cheer up, don't lose heart, and come up with facts of the matter!
Regards,
Samvedan
October 28, 2011
From India, Pune
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321Four years in employment, yet no letter of appointment! Understandable but not acceptable!!!
What are you employed as? I mean whether the duties actually performed by you indicate that you are a "workman" under the Industrial Disputes Act 1947. This is unlikely if you are a member of this board. Are "Model Standing Orders" or "Certified Standing Orders" under the Industrial Employment (Standing Orders) Act 1946 applicable to your establishment? How many people are employed by your company at the establishment where you are appointed to work? Do other employees appointed to do work same or similar to the work assigned to you have been issued letters of appointments?
Too many questions, but answers to these will decide your options in the situations, as:
1) If you are NOT a "workman" under the Industrial Disputes Act 1947, then you have precious little hope from labor law.
2) If you are not a "workman" under the Industrial Disputes Act 1947, then your relationship as to mutual rights and obligations is normally governed by the contract of employment (embodied by the letter of appointment incorporating "terms & conditions" of employment mutually accepted by the employer and the employee, but in this case such a document apparently does not exist at all, as you say.
Be that as it may, if you were a "workman" under the Industrial Disputes Act 1947 and if "Standing Orders" under Industrial Employment (Standing Orders) Act 1946 were applicable, even in that case, the employer could not have "suspended" by way of punishment for more than FOUR days. The employer has the right under certain circumstances to "suspend" a workman "pending inquiry" up to a maximum of 180 days and is obliged to pay you 50% of your wages as "subsistence allowance" for the first 90 days, 75% for the next 90 days, and full wages after the first 180 days even if the suspension continues.
As to your chances of "winning this case," depending on many factors and for that, we will need answers and/or data related to the above questions. Only after this will one be able to advise competently.
To get proper advice, you must state all facts to the counselor!
Think about it. Help is available, but you must determine if you need help or sympathy!!!
Cheer up, don't lose heart, and come up with facts of the matter!
Regards,
Samvedan
October 28, 2011
From India, Pune
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Dear [Recipient],
Before we proceed with discussing your query, please provide clarification on the following points:
1. Whether your ESI, PF, income tax, or any professional tax has been deducted from your salary which can serve as evidence of your appointment.
2. You mentioned being suspended for 2 months without pay. Were you provided with a charge sheet, was an inquiry conducted, or were you verbally informed of the suspension?
Please address these points to facilitate further discussion.
Thank you.
Best regards,
[Your Name]
From India, Delhi
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Before we proceed with discussing your query, please provide clarification on the following points:
1. Whether your ESI, PF, income tax, or any professional tax has been deducted from your salary which can serve as evidence of your appointment.
2. You mentioned being suspended for 2 months without pay. Were you provided with a charge sheet, was an inquiry conducted, or were you verbally informed of the suspension?
Please address these points to facilitate further discussion.
Thank you.
Best regards,
[Your Name]
From India, Delhi
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Dear Namhla,
By tomorrow morning, please send them a letter covering the following points via FAX or Mail:
1. The date since you started working there, their assurance for appointment, and the subsequent verbal communication stating they do not issue appointment letters.
2. Your nature of work.
3. The incident for which they suspended you and your reasons for not being guilty.
4. The aftermath of the incident, highlighting that you have not been receiving your salary even after several requests made over the phone and in person (do not specify the date of the visit).
5. Their refusal to pay your salary for the last two months, even after your visit the day before Diwali.
6. Due to their hostile behavior, you are completely frustrated and hence issuing this letter.
Please draft and send it to me if you wish to have it reviewed.
Thank you.
From India, Calcutta
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By tomorrow morning, please send them a letter covering the following points via FAX or Mail:
1. The date since you started working there, their assurance for appointment, and the subsequent verbal communication stating they do not issue appointment letters.
2. Your nature of work.
3. The incident for which they suspended you and your reasons for not being guilty.
4. The aftermath of the incident, highlighting that you have not been receiving your salary even after several requests made over the phone and in person (do not specify the date of the visit).
5. Their refusal to pay your salary for the last two months, even after your visit the day before Diwali.
6. Due to their hostile behavior, you are completely frustrated and hence issuing this letter.
Please draft and send it to me if you wish to have it reviewed.
Thank you.
From India, Calcutta
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Appointment Letter to an Employee for fixed period.doc