I worked in a company for 13 months. My salary was 8 pm, with a basic of 5000. At the time of joining, they offered me a fixed CTC of 0.96. After 6 months, they implemented PF deduction. When I denied, they told me to take the salary in cash. I agreed to that. But at that time, they didn't tell me that I would not get any documents. From the next month onwards, they did not issue me salary slips. When I asked them for the same, they told me that I would not get any and somehow convinced me. But even at that time, they did not tell me that I would not get any documents.
When I resigned due to a medical issue after one year, I served proper notice. But at the time of relieving, they handed over to me only an experience letter of one month and a relieving letter of only 6 months. On asking, they are now saying you were an off-roll employee, so you will not get a relieving and experience letter of one month. What can I do? I have a copy of the resignation mail which I served in the last month. Please suggest me. Can I go for some legal action?
From India, Bhopal
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When I resigned due to a medical issue after one year, I served proper notice. But at the time of relieving, they handed over to me only an experience letter of one month and a relieving letter of only 6 months. On asking, they are now saying you were an off-roll employee, so you will not get a relieving and experience letter of one month. What can I do? I have a copy of the resignation mail which I served in the last month. Please suggest me. Can I go for some legal action?
From India, Bhopal
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You cannot decide whether PF is to be deducted or not. You/your 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 the 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 a 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
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247Surely 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
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Dear Ankita,
Don't waste your time on this legal matter. As per your statement, you didn't want PF at that time, so you are also at fault. Please hand over all the documents and vacate. Now, PF is compulsory, whether you agreed to it or not.
Thank you.
From India, Mumbai
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Don't waste your time on this legal matter. As per your statement, you didn't want PF at that time, so you are also at fault. Please hand over all the documents and vacate. Now, PF is compulsory, whether you agreed to it or not.
Thank you.
From India, Mumbai
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Respected Ritesh Maithy Sir,
My company has not intimated anything like that in written or via mail that they are doing me off-role. I have also not signed any of the documents for the same. It's my career concern; I have worked there with full loyalty. When they started deducting PF, they told me that it's mandatory for all. I denied and resigned on the same day. But they called me and said, "We do not want an employee like you to leave our organization." Then I told them, "Sir, I cannot survive on such little money." At that time, they offered me that we can give you salary in cash. But they did not mention anything like off-role at that time. If they had told me, why have I worked there for more than six months? And they are giving me only a 6-month experience certificate, while I have worked there for 1 year. It will affect my career growth too. That is why I need a proper relieving and experience letter from this company.
From India, Bhopal
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My company has not intimated anything like that in written or via mail that they are doing me off-role. I have also not signed any of the documents for the same. It's my career concern; I have worked there with full loyalty. When they started deducting PF, they told me that it's mandatory for all. I denied and resigned on the same day. But they called me and said, "We do not want an employee like you to leave our organization." Then I told them, "Sir, I cannot survive on such little money." At that time, they offered me that we can give you salary in cash. But they did not mention anything like off-role at that time. If they had told me, why have I worked there for more than six months? And they are giving me only a 6-month experience certificate, while I have worked there for 1 year. It will affect my career growth too. That is why I need a proper relieving and experience letter from this company.
From India, Bhopal
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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 a certain period but they have not deducted PF as per the Act, then the company will be in legal trouble with 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 compliances 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 to the company that you have worked from ... to ... and since you have separated, you require a relieving and experience certificate.
From India, Kolkata
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Legally speaking, you have more advantage in this situation since it is the duty of the company to comply with statutory compliances 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 to the company that you have worked from ... to ... and since you have separated, you require a relieving and experience certificate.
From India, Kolkata
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will Gratuity aaplicable 4.5 years?& gratuity calculate only basic
From India, Hapur
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From India, Hapur
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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 didn't know they would not show you as an employee is very stupid. It should be obvious that they will not show you as an 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
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For you to claim now that you didn't know they would not show you as an employee is very stupid. It should be obvious that they will not show you as an 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
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