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I have joined an Academic Organization last year November, 2013 but till date I have not got any offer letter and appointment letter . Actually I joined in a very critical situation as that time I need a job desperately to run my parents expenses and medicine. I have joined with Rs. 21000 monthly salary on a condition that I will take the organization to a leap within a year. That time the organization was not going through a financial crisis but within a year it has 15 employee and adequate profit to pay its new office EMI of a corporate suite. Now I have some medical issues and wont be able to go office and I have not got my last month salary and its already 2 months running. Hence, I could not bear my medical expenses which reflects on my health and I am not able to attend office for last 10 days. When I demanded my last month salary they just denied to pay and told me to handover the process then they will release my payment. I also asked them to give my appointment letter and appreciation letter but they just saying to handover the things and responsibilities. They said that If I wont handover then they will go for a legal action. I have nothing to handover except the corporate sim card which is already inactive for two months, facebook page, corporate mail id which has been changed by them, they also want me to show them the total process which I have been managing on my own. I used to get Rs. 35000/month. They do mot have any HR Policies, leave, PTAX, PF, ESI, SALARY SLIP etc. I used to enter office and punch the attendance machine.

I want my last month salary, appointment letter and appreciation letter as well as relieving letter but they are not going to provide even if I handover the things left with me. I told them to mail me about my salary and appointment and relieving letter that when I will get .But they just told me to handover first.

Give me solution asap.

From India, Kolkata
Non issuance of appointment order is not a crime under the present circumstances though many states have initiated amendments in the Shops and Commercial Establishments Act (and also the Central’s new Act called Small Factories….Act) to incorporate it as a mandatory condition of hiring. But it should be more important for the employer to ensure that appointment order which is the primary legal document defining the employee employer relationship is given to each and every employee and unfortunately many employers think it in different way.

Now coming to your issue, I would say that you have other means to establish that you worked with the establishment like, communications, attendance register etc. Therefore, you can handover what all assets are available with you and have a clean exit from the Institution. If the management refuses to pay the unpaid salary and other dues, you can very well approach the Labour department and recover it. First thing to do is to submit resignation and see if the same will be accepted by the management. In the resignation you can state that you have been working as……since ……date. The acceptance of this resignation is a proof of you having worked in the institution. The rest of the things will follow in due course.


From India, Kannur
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