Bharat Gera
Principal Hr Consultant
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Riteshmaity
Labour Law Advocate

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I joined a company on 1st of this month in sales department. the HR of the company said job is not target based and your salary is fixed. i joined the company on 1st itself, after i am regularly asking for joining letter but manager says wait for some time we will provide you joining letter. and now on 30th hr manager rejects to give the joining letter and saying that u have a target based job and u have not achieved target so we will not give you any salary or letter now and giving us a lot of excuses like you don't work in office, you are not serious towards your work, etc.
what can i do now? please help.....
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It is very unfortunate event but consider yourself lucky that you have discovered the issue within one month of your joining. If the company is refusing to give you appointment letter, then you may write to them (under acknowledgment obviously) asking for your appointment letter. Let them refuse in writing. In the mean time, try to gather as much documentary evidence as possible to prove your employment so that even if they refuse your employment with them, you have documents to prove it.
Salary is to be paid generally within 7th to 10th of each month. If there is a delay, then it may attract penalty and interest. If your salary is due, again ask them to clear the dues in writing with proper acknowledgment/ receipt of your letter.
You have not mentioned whether they gave you any letter (LOI or Offer letter). Did they give you any identity card? Did they give you any visiting card? How your attendance was being recorded? Did you fill up any ESI form? These details are required to understand the things and advise you appropriately.
Before that it's more important to secure all documentary evidences to prove that you really worked there. Especially this is the only month of your service there and it may be considered premature to take any precipitated action for non payment of salary. But I presume you should have given them a joining report at the time of joining itself, the very first day, if so, check whether you got it acknowledged by HR. If yes, it may be good enough. And you should have signed the attendance register also. It's too early to take a combative stand in your early days of career. Have patience. Mind you this is your probation period and anything could happen. Check with your colleagues how they were treated and what has been the practice there. May be you still have not made any impact with your performance. Why don't you consider accepting a minimal target, who knows, if you are determined you could achieve bettering the target itself. Try and be proactive always. All the best.
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