No Appointment Letter / Letter Of Intent

Hi, I am Company secretary by profession. I am appointed as CS in pvt. ltd co. last two months back. This is my third month.

Further the Registered office is in Mumbai and i am recruited in Mumbai but administration is carried from State of Karnataka. The Company has not issued me appointment letter nor letter of intent. PF registration is in state of Karnataka.

On asked for appointment letter I myself is asked to prepare and submit. But till date management has not issued the said letter.

I am asked to report either to MD or the person who is actually Consultant of the Company. But normally i report to consultant only.

I faced problem in receving my salary for second month. After deliberation with management i received salary on 12th August,2011. The company deducts from my salary provident fund and professional tax but do not issue me salary slip.

There is also no proper co-ordination between the executives and the management.

My query is that as i am not issued appointment letter nor letter of intent or salary slip am i considered as employee of the company. Further to add i do not sign muster roll.

In such conditions i wish to resign, so shall i submit my resignation letter or shall i verbally intimate the same and quit the company.

Kindly advise as i feel i am just wasting my time as i am not being cordinated of any activity in the Company.

Instead of taking such an action, give them a letter of your intentions:
1. a formal letter of appointment would be required to carryout the job
2. the job requires to sign the various document and hence it is appropriate to have some authority document i.e. letter of appointment.
3. salary issues shall be resolved as soon as possible.
4. If the management found so difficult to pay the salary and issue the letter of appointment; it is appropriate to leave the organisation.

Thanks Mr. Jain.
I had coordinated the salary matter to the Consultant(CA) of the Company, wherein he resolved the matter by discussing the same with MD for the last month. But is silent for issuing salary slip.
But till date the Company has not issued me the appointment letter.
Thus i intent to make a letter to the Company that i wish to continue with the Company as Consultant for the Company matter and not as employee and that the Company shall pay me retainer fees for the same.
Kindly advise me.

I suggest that whever you mentioned in the mail, put those things on a paper saying that you have not received any appointmentletter, no muster rolls & no payslip and even you are reporting to a consultant and also you are not getting your pay on time. Considering all these things you are not interested to continue and submit your resignation letter and close instead of quitting the company after verbal communication. Even after some time they want to take some actions and alll you should not leave any scope for them
Thanks and regards - kameswarao

Thanks for your reply Mr. Kameswarao.
It seems that MD listen to what the Consultant(CA) advises. When i had discussed the above mentioned matter to the Consultant i was being told that i can take the decision after 6 months or may be one year.

Gauri,
It appears from your communication with the company that they are not professional in working neither willing to do so. The conditions are not good to work with them professionally. This is upto you to continue with them or left the organisation.
The consultant of the company belongs to the financial stream and lacks the exposure of basic laws at work.
In all it's a lala style company; they can say to you but will not give you in written, unpredictable to fulfill the promise.

Well said Mr. Anurag . Yes i also feel the same Lala Style company.
They want the CS just to comply with Co's Act but actual invlovment they are silent thats the reason i was thinking for providing Consultancy services as i think as professional am i doing justice to what i am actual doing.

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!

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

Gauri,
This compnay is not worth pursuing. Do not even have an idea of associating with this company as consultant too. After your consultancy job, if they do not pay you the "consultancy charges", again you are going to talk to your MD or the other person, is it?
Secondly, I do not believe in keeping some evidence, having a letter with "received" stamp on it, etc. What is the intention? you want to go to court and file a suit against the employer, is it? Our time is precious. You have only two options; whether to continue or quit. If you want to continue, just accept whatever is happening to you. If you want to quit, decide quickly. You choose what is best for you.
Balaji