Ok, so I joined this company in 2012. So during the interview and signing of papers, I was told that I was being hired on contract and the only difference between me and any other employee is that I would not have a PF and medical insurance deduction. We only had a deduction of 10% TDS. We were paid a fixed "fee" every month.
After about 6-7 years of working in the company, after GST was introduced, we were asked to submit monthly invoices for tax audit purposes.
Now, all the rules and regulations, all policies of the company were applicable to me. I was recruited by the head of department, asked to report to her and assigned tasks of equal nature with anyone else in the team. I was quite young back then and didn't realise that these wordings were simply abused and the recruits tactfully made to sign them, with the clandestine goal of circumventing provisions of the labour laws.
My work in the organisation is as per the monthly roster prepared by the HOD for both "on rolls" staff as well as the few "on contract" staff. Often by default in a year or two the "on contract" staff simply get put on payrolls. I was even asked if I wanted to but I said that I preferred to get that formality done a year or so later because the salary I drew back then was quite less. Deductions such as PF, Diwali Bonus among others would reduce my monthly take home to significantly lower amounts.
To make it clear - I was in practice an employee with no rights to do a "come and go as I like" sort of job or do just the amount of work I chose to and demand pay only for that. Not doing a chore, just any chore or task asked of me would have led to disciplinary action against me. Therefore in practice the word "independent" was null and void.
Until recently the company did not have well framed policies and documents that defined various entitlements and duties of employees. Only recently with a revamp in the human resources department have these documents uploaded on the intranet site. I have been using the magnetised ID card to swipe my attendance on a daily basis. I am entitled to annual pay hikes and twice I have been promoted as well. Only thing is that the payslip only shows "consultant fees, number of days worked, LWP days" and no other allowances. There is only a TDS deduction of 10% of the "fee".
As of now, the exit interview form says that only "on roll" employees are entitled to gratuity benefits and I would only be given the "fee" after deduction of the number of days I am unable to serve notice. - Here we go. I am not even allowed to just exit at my own free will and will have to pay for the notice period not served.
About 3-4 years ago, they got all the "contract" employees to sign a letter saying they they are voluntarily forfeiting their right to PF benefits.
Now going by what is said in many of the threads, whatsoever the wordings of agreement may be and slyly calling the wages as "fee" and mentioning the the appointment letter that "you will always be an independent contractor and will not approach any labour court".
Now given that I have "signed" this tacitly worded letter, I see some of the forum commentators seem to be on the side of the employer and it is causing me paranoia if the labour commissioner may have a divided opinion on this. My company is not any ordinary one, they have significant influence at top places. Makes me wonder whether this will easily be an open and shut case or will legal recourses have to be availed.
After about 6-7 years of working in the company, after GST was introduced, we were asked to submit monthly invoices for tax audit purposes.
Now, all the rules and regulations, all policies of the company were applicable to me. I was recruited by the head of department, asked to report to her and assigned tasks of equal nature with anyone else in the team. I was quite young back then and didn't realise that these wordings were simply abused and the recruits tactfully made to sign them, with the clandestine goal of circumventing provisions of the labour laws.
My work in the organisation is as per the monthly roster prepared by the HOD for both "on rolls" staff as well as the few "on contract" staff. Often by default in a year or two the "on contract" staff simply get put on payrolls. I was even asked if I wanted to but I said that I preferred to get that formality done a year or so later because the salary I drew back then was quite less. Deductions such as PF, Diwali Bonus among others would reduce my monthly take home to significantly lower amounts.
To make it clear - I was in practice an employee with no rights to do a "come and go as I like" sort of job or do just the amount of work I chose to and demand pay only for that. Not doing a chore, just any chore or task asked of me would have led to disciplinary action against me. Therefore in practice the word "independent" was null and void.
Until recently the company did not have well framed policies and documents that defined various entitlements and duties of employees. Only recently with a revamp in the human resources department have these documents uploaded on the intranet site. I have been using the magnetised ID card to swipe my attendance on a daily basis. I am entitled to annual pay hikes and twice I have been promoted as well. Only thing is that the payslip only shows "consultant fees, number of days worked, LWP days" and no other allowances. There is only a TDS deduction of 10% of the "fee".
As of now, the exit interview form says that only "on roll" employees are entitled to gratuity benefits and I would only be given the "fee" after deduction of the number of days I am unable to serve notice. - Here we go. I am not even allowed to just exit at my own free will and will have to pay for the notice period not served.
About 3-4 years ago, they got all the "contract" employees to sign a letter saying they they are voluntarily forfeiting their right to PF benefits.
Now going by what is said in many of the threads, whatsoever the wordings of agreement may be and slyly calling the wages as "fee" and mentioning the the appointment letter that "you will always be an independent contractor and will not approach any labour court".
Now given that I have "signed" this tacitly worded letter, I see some of the forum commentators seem to be on the side of the employer and it is causing me paranoia if the labour commissioner may have a divided opinion on this. My company is not any ordinary one, they have significant influence at top places. Makes me wonder whether this will easily be an open and shut case or will legal recourses have to be availed.