Actually i am in a critical situation, i need someone help in this. I was working in company based on contract about 6 months. In a starting time the interviewer told you have ESI and PF benefits also i will give assurance to your job after 6 months. But after 4 months i used to ask him about my Statutory part, and assurance of job, but now he is telling that i never told like this and i cant remember what i told to you. At that I really felt very bad.
Even I dint have employee ID, ESI, PF, Valid Offer Letter nothing. In this part i want to know after 6 month what are documents i should collect from the company and is it applicable in contract act. if i go and search a job in another company is it trouble me at any cost. please any one knows the solution let me know. i actively looking for your response.
From India, Bangalore
1Even I dint have employee ID, ESI, PF, Valid Offer Letter nothing. In this part i want to know after 6 month what are documents i should collect from the company and is it applicable in contract act. if i go and search a job in another company is it trouble me at any cost. please any one knows the solution let me know. i actively looking for your response.
From India, Bangalore
Dear Archana,
What you are facing is really very sad. Specially when to put you best efforts to push your carrier in a systematic way. It is very disgusting how some people / management make false commitments to fulfil a situation.
Since you have not get any documents, so I can’t say whether they are deducting any PF-ESI or what statutory benefits you are entitled.
Still there are some basic points through which you can strong your case.
1 They have not issued any docs to you, but you remember what docs you signed during the recruitment process. Can you arrange copy of the docs?
2 Whether you get any Pay Slip, If yes than we can identifiy what deductions made and what are your entitled benefits.
3 The salary is being paid Cash or Bank Transfer. In case of Bank transfer you can put your claim that you are working for them and they can’t terminate you without any reason. Moreover in case of Contractual Employees TDS is deducted. You can claim your TDS by filling ITR.
However, you should not get panic, there are many other establishments which take care of employee benefits and share all documents. Look for an alternative job related to your interest and qualification. If you find any job give adequate notice period and you can join new company. It will neither create any problem nor any extra cost to you.
Hope the above will motivate you to come out from the hard situation. Senior member can throw more light on the matter.
From India, Delhi
What you are facing is really very sad. Specially when to put you best efforts to push your carrier in a systematic way. It is very disgusting how some people / management make false commitments to fulfil a situation.
Since you have not get any documents, so I can’t say whether they are deducting any PF-ESI or what statutory benefits you are entitled.
Still there are some basic points through which you can strong your case.
1 They have not issued any docs to you, but you remember what docs you signed during the recruitment process. Can you arrange copy of the docs?
2 Whether you get any Pay Slip, If yes than we can identifiy what deductions made and what are your entitled benefits.
3 The salary is being paid Cash or Bank Transfer. In case of Bank transfer you can put your claim that you are working for them and they can’t terminate you without any reason. Moreover in case of Contractual Employees TDS is deducted. You can claim your TDS by filling ITR.
However, you should not get panic, there are many other establishments which take care of employee benefits and share all documents. Look for an alternative job related to your interest and qualification. If you find any job give adequate notice period and you can join new company. It will neither create any problem nor any extra cost to you.
Hope the above will motivate you to come out from the hard situation. Senior member can throw more light on the matter.
From India, Delhi
Dear All,
Thank you for your response pan singh. Your words really motivated me a lot. Here i will tell you based on your queries
yes i received my salary by bank transaction and they didn't give any payslip as of now. i directly spoke with them regarding my ESI, PF. He said, for contract employees its not applicable (ESI and PF).
And i can remember that only i signed the joining documents apart from that i didn't sign anywhere.
pls tell me how come TDS applicable for me. I am the only person working based on contract. Actually i working as a HR-Coordinator. Please reply me
Archana.K
From India, Bangalore
Thank you for your response pan singh. Your words really motivated me a lot. Here i will tell you based on your queries
yes i received my salary by bank transaction and they didn't give any payslip as of now. i directly spoke with them regarding my ESI, PF. He said, for contract employees its not applicable (ESI and PF).
And i can remember that only i signed the joining documents apart from that i didn't sign anywhere.
pls tell me how come TDS applicable for me. I am the only person working based on contract. Actually i working as a HR-Coordinator. Please reply me
Archana.K
From India, Bangalore
Dear Archana,
Pls note my observations:-
1 Since pay slip / offer letter not available than we can’t say your entitlement for statutory benefits (PF, ESI, Bonus etc.). But you get bank transfer salary, hence they can’t deny for your employment with them. Means in case the company terminate you, they are bound to give notice period. Or they have to show a valid contract agreement (duly signed by you) wherein Fixed Term (period) has been specified. Moreover, pls check whether you are getting the promised package. Means if they have offered Rs. 20k as monthly salary / remuneration, whether you are getting the amount or even less?
2 As they have already denied that PF-ESI is not applicable for contract employees, hence you will not get the benefits. Unless they enroll you as an employee.
3 What were the joining documents? How much pages were there? Further comments can be given only on basis of the documents signed by you.
4 In case of Fixed Term Contract (FTC) employment the company treat the employee as “PRFOFESSIONAL” not like an employee. In case of employee TDS is deducted only if the employee salary is more than the Income Tax Slabs. But in case of Contractual employment TDS is applicable payment to the professional / contractor. If your annual income is less than the Income Tax Rule, than you can claim the TDS (Tax deducted from monthly remuneration) from the Income Tax Dept.
Senior members can suggest more views.
From India, Delhi
Pls note my observations:-
1 Since pay slip / offer letter not available than we can’t say your entitlement for statutory benefits (PF, ESI, Bonus etc.). But you get bank transfer salary, hence they can’t deny for your employment with them. Means in case the company terminate you, they are bound to give notice period. Or they have to show a valid contract agreement (duly signed by you) wherein Fixed Term (period) has been specified. Moreover, pls check whether you are getting the promised package. Means if they have offered Rs. 20k as monthly salary / remuneration, whether you are getting the amount or even less?
2 As they have already denied that PF-ESI is not applicable for contract employees, hence you will not get the benefits. Unless they enroll you as an employee.
3 What were the joining documents? How much pages were there? Further comments can be given only on basis of the documents signed by you.
4 In case of Fixed Term Contract (FTC) employment the company treat the employee as “PRFOFESSIONAL” not like an employee. In case of employee TDS is deducted only if the employee salary is more than the Income Tax Slabs. But in case of Contractual employment TDS is applicable payment to the professional / contractor. If your annual income is less than the Income Tax Rule, than you can claim the TDS (Tax deducted from monthly remuneration) from the Income Tax Dept.
Senior members can suggest more views.
From India, Delhi
Hi pan Singh,
I was getting salary what ever they mentioned in interview E.G ( they told 20000 and same amount i am getting, not less then that.
Its around 27 pages but including PF form and nominee form. this is for all the employees. But when i was filling the form they didn't give that form. I thought it was missed and later they will give. But now only i come to know they did planned fully.
Let me want to know that, how would be the payslip for contract employees and what are the documents i have to collect from them.(means from company) pls tell me
From India, Bangalore
I was getting salary what ever they mentioned in interview E.G ( they told 20000 and same amount i am getting, not less then that.
Its around 27 pages but including PF form and nominee form. this is for all the employees. But when i was filling the form they didn't give that form. I thought it was missed and later they will give. But now only i come to know they did planned fully.
Let me want to know that, how would be the payslip for contract employees and what are the documents i have to collect from them.(means from company) pls tell me
From India, Bangalore
Dear Archana,
There is nothing to worry. It seems due to false commitments (regarding PF-ESI, Bonus etc.) during recruitment process you got confused and now getting upset on silly issues.
Pls note my observations:-
1 They are paying you the amount which they committed. Means you are getting for what have been hired.
2 No deduction is made, so TDS is not applicable. You can't claim refund.
3 They filled the PF-ESI and other forms coz it may be their Standard Format (being applicable to all). May be they have some plan to regularize the contact staff into On Role. Hence all documents fulfilled during initial recruitment itself.
4 You need not to collect any document from the company. You can ask Experience Certificate of Relieving Letter only when you will leave the company.
5 Though the company should share you the Offer Letter, Pay Slip etc. But if not sharing, than it is not big deal to worry about.
6 Put your best efforts to accomplish your job. Gain the experience and improve your working abilities. When you feel you can get better option. Search for new option and leave the company. But first confirm what is general Notice Period. So that there should not be any dispute while you will leave the job.
Just calm down, nobody cheated you and even not snatching your rights.
From India, Delhi
There is nothing to worry. It seems due to false commitments (regarding PF-ESI, Bonus etc.) during recruitment process you got confused and now getting upset on silly issues.
Pls note my observations:-
1 They are paying you the amount which they committed. Means you are getting for what have been hired.
2 No deduction is made, so TDS is not applicable. You can't claim refund.
3 They filled the PF-ESI and other forms coz it may be their Standard Format (being applicable to all). May be they have some plan to regularize the contact staff into On Role. Hence all documents fulfilled during initial recruitment itself.
4 You need not to collect any document from the company. You can ask Experience Certificate of Relieving Letter only when you will leave the company.
5 Though the company should share you the Offer Letter, Pay Slip etc. But if not sharing, than it is not big deal to worry about.
6 Put your best efforts to accomplish your job. Gain the experience and improve your working abilities. When you feel you can get better option. Search for new option and leave the company. But first confirm what is general Notice Period. So that there should not be any dispute while you will leave the job.
Just calm down, nobody cheated you and even not snatching your rights.
From India, Delhi
Hi Pan Singh,
Thank you so much for providing such a great solution on my issues. Actually i don't know to whom i want to discuss and who will give the right solution. Now i am feeling good. Once again thank you.
Regards,
Archana.K
From India, Bangalore
Thank you so much for providing such a great solution on my issues. Actually i don't know to whom i want to discuss and who will give the right solution. Now i am feeling good. Once again thank you.
Regards,
Archana.K
From India, Bangalore
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
For New Contract License Documents.doc
Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf