Riteshmaity
Labour Law Advocate
Mayank_bornleo03
Sales Executive

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Hi, I am working in a maruti suzuki dealership for 9 months now and last week my employer told me to not to come to office from next day onwards and also holding my salary saying its been on hold for full and final settlement which will be released only after i submit my resignation letter. I wasn"t provided any appointment letter at the time of joining the company. This company says they never provides appointment letter to any of their employees. So i never really signed any written contracts with the company except a written form where the company demanded a security cheque from me at the time of joining. The only employment proofs i have with me right now is the company's identity card and my visiting cards. I would like to know what i can do now as i don't want to submit resignation and want my salary as well as incentives that i am entitled for.
Thanks in advance

Do not give resignation. Asking an employee to submit resignation amounts to termination. They will force you to resign by various methods.

Many companies do not issue appointment letter (which is often illegal) but that does not take away the right of an employee. Possession of ID card is enough to prove your employment. Apart from visiting card try to get any other documents like any letter of authority issued to you or any internal memo given to you etc. for safety. Hope the company has attendance register as well as salary register which can be beneficial to you too. How was your salary paid?

There are two aspect here:

First salary. Generally company has to pay salary within 7-10th of each month. If there is a delay, you can demand in writing from the management and further can make official complaint before the competent authority.

Secondly on the point of termination, if you do not tender resignation, you will remain employee of the company and will be entitled to get salary until the company terminates you. Wait for the right moment for the company do any mistake.

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