I was working with a private limited company, but they are not deducting PF and ESIC. I have worked for 4 months. I left the company by giving 8 days' notice, although they have not provided me with an appointment letter or offer letter. I have handed over my job properly, but they told me to give 15 days' notice, which I didn't comply with. Now, they are not giving my last month's salary. Kindly advise whether I should file a complaint with the labor officer. Where in Vasai should I lodge a complaint? Please provide me with the address/email ID.
Regards,
Georgia
From India, Vashi
Acknowledge(0)
Amend(0)
1Regards,
Georgia
From India, Vashi
Acknowledge(0)Amend(0)
Dear,
In the clause mentioned in the appointment letter, it needs to be considered. If there is a clause stating that if an employee does not serve a 15-day notice in lieu of the notice period, one month's salary will be deducted, then there is nothing you can do.
From India, Mumbai
Acknowledge(0)Amend(0)
In the clause mentioned in the appointment letter, it needs to be considered. If there is a clause stating that if an employee does not serve a 15-day notice in lieu of the notice period, one month's salary will be deducted, then there is nothing you can do.
From India, Mumbai
Acknowledge(0)Amend(0)
Not having an appointment letter cannot be the answer. The company can always argue that you were given one and you did not sign it. The exit clause is generally a well-known clause, especially after working with them for 4 months. Therefore, the first step should be to try to speak with the higher-ups and resolve the issue internally. Only if that fails, consider going directly to the contract labor officer. Proving your employment could be challenging in that case, as you mention that no letter was issued, and there were no PF/ESIC deductions.
Regards, Ashutosh Thakre
From India, Mumbai
Acknowledge(0)Amend(0)
Regards, Ashutosh Thakre
From India, Mumbai
Acknowledge(0)Amend(0)
They have not given me appointment letter . Then how will i know there clause. i was on probation period . so i think notice period clause will not be applicable.
From India, Vashi
Acknowledge(0)Amend(0)
From India, Vashi
Acknowledge(0)Amend(0)
I was on a probation period, so there was no need to give notice. They were not deducting PF/ESIC for anyone. If there are 15 employees, why are they not deducting PF/ESIC? Their leave starts after completing one year.
From India, Vashi
Acknowledge(0)Amend(0)
From India, Vashi
Acknowledge(0)Amend(0)
The PF and ESIC deductions start after the firm has 20 employees. So if there were only 15 employees, they need not deduct the same. Also, there is a clause on the notice period even when you are on probation. Also, were you getting the payslips, or have you got the company ID card to prove that you worked with the company? You will need those when you approach the labor court.
So, my advice to you is to personally meet the seniors in the company and solve the problem. They might want you to come to the office and do the clearance before they proceed with the dues. Please go personally and speak with the senior management.
Regards, Ashutosh Thakre
From India, Mumbai
Acknowledge(0)Amend(0)
So, my advice to you is to personally meet the seniors in the company and solve the problem. They might want you to come to the office and do the clearance before they proceed with the dues. Please go personally and speak with the senior management.
Regards, Ashutosh Thakre
From India, Mumbai
Acknowledge(0)Amend(0)
If your salary is more than Rs 18000/-om the Labor officer cannot do much on this issue. Varghese Mathew 09961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Its less than 18000/- its Rs. 11000/- pm. Kindly suggest what can be done.
From India, Vashi
Acknowledge(0)Amend(0)
From India, Vashi
Acknowledge(0)Amend(0)
My advice - forget about this.
Without an appointment letter or salary slip, you cannot prove that you were employed in that organization. These documents are required if you wish to join a professional organization.
Next time, make sure you have the appointment letter and payslips or leave that organization as soon as possible.
Regards,
From India, Mumbai
Acknowledge(0)Amend(0)
Without an appointment letter or salary slip, you cannot prove that you were employed in that organization. These documents are required if you wish to join a professional organization.
Next time, make sure you have the appointment letter and payslips or leave that organization as soon as possible.
Regards,
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Register and Log In.
Salary working format.xls