Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
+2 Others

Greetings!
Am trying to help an acquaintance. Need your advice.
A candidate worked in a private limited company for 1 month without an offer letter and appointment letter. In good faith, he kept working on the verbal confirmation of the CEO, his reporting manager. He kept following up for the appointment letter regularly and was told that it will be issued soon.
Around the 28th day of his working, the CEO summons the candidate and declares that the candidate is being dismissed on non-performance without citing clear reasons. There is no paper work in favour of the candidate. The CEO declares that the candidate need not report to work from the 31st day and that the one month salary will be paid. But, on the candidate's enquiring, the CEO does not give clear date of when the salary will be issued.
Its more than a week now but the employer is not responding.
What should the candidate do? What are his legal rights? Is the candidate legally eligible for his salary?
Pls advise on the course of action to be taken.
regards,
Ajay
Dear Ajay,
When applicant applies for a job, he/she is called as job candidate. Once the candidates is selected and joins the duties, he/she is called as "employee". In your acquaintance's case, he/she needs to be called employee not candidate.
Well the employee has been removed within a month. Employee was not given either offer letter or appointment letter. Did he/she sign the attendance? What evidence this person can provide to prove that he/she was employed?
The employee has been sending mails asking for the salary. Tell him/her to take the printout of the mails. Secondly, what was the designation of this person? Did anyone report to this person? If nobody reported, then provisions of Industrial Dispute Act, 1947 become applicable to him/her and under the provisions of this law, he/she can approach Labour Office and make a formal complaint for the non-payment of the wages.
If this person worked as supervisor and above, with few persons reporting to him then his case becomes difficult, as there is no remedy under the provisions of ID Act, 1947 and filing a civil suit is only the option.
Thanks,
Dinesh Divekar
Was daily attendance being marked by the company?
Has the employee been signing letters or got any evidence that he has actually worked for 28 days or so.?
Put up a written representation asking for salary and reasons for termination.
Thanks for the response! I clarify the following. Pls advise further.
1. The employee signed the attendance register.
2. The biometric attendance system also captured the in and out time daily since the employee had the ID badge.
3. The CCTC captured it too.
4. He filled up the Employee joining form and NDA on the date of joining.
5. No mails sent regarding salary. Only verbal follow-ups done.
6. No designation was finalized. Only salary was verbally finalized. Designation was not finalized despite reminders and follow-ups. Broad role was recruitment and marketing work.
7. Nobody reported to the employee.
Dear Ajay,
Tell the employee to put up application for the payment of the wages for the period for which he has worked. Let him send the hard copy by registered post with acknowledgement due. If the salary is not paid within a week then let him send reminder with copy of this letter to the local labour officer. If the employer still remains intransigent, then let him make a formal application to the labour officer.
While sending the letter by hard copy, tell the employee to send the soft copy by e-mail also. Tell him to take printout of the e-mail communication also.
Thanks,
Dinesh Divekar
If I remember correct, no labor law other than the Sales Promotion Employees Act makes it obligatory on the part of the employer to issue an appointment orders to his employees. Therefore, it can not be a substantial proof of one's employment. Better, ask your friend to raise a dispute u/s 2-A(1) of the Industrial Disputes Act,1947 before the Labor Officer for the area so that a meeting point is created and the issue of unpaid salary gets settled at least.
Dear Mr Umakanthan M,
Sir, Karnataka Shops and Establishment Rule, 1963 makes it mandatory to issue Appointment Order (Form 10) to the employees hired. Format of this form is placed as Appendix of the said act.
In fact sometimes Labour Officers take objection for issuing "Appointment Letter" in place of "Appointment Order" as specified by law. As a via media, actually we were not issuing this form to the employee but on hiring a new person, we use to take signature of the employee on this form and use to file it in the employee file. The look of the form is not characteristic of present-day management practices, hence this adjustment.
Regards,
Dinesh Divekar
Thank you Dinesh for your information which is really enlightening because all along I was under the impression that only the SPE Act,1976 mandates such a provision in view of the scattered nature of the actual places of employment of the Sales Promotion Employees. Immediately, I've gone through the KNS&CE Rules,1963 and found rule 24(9A) providing for the appointment order in Form Q. As you rightly observed it is different from the appointment letters issued by industrial employers in general though retaining the essential particulars. [The Enforcement Officers may also be correct in insisting the exact format in view of the multitude of conventional types of establishments. But, Rule 24(9) enables the employer to use different formats of the notices, registers with the prior permission of the Govt..]
Coming to the original issue, let the employee approach the Labor Officer first so that he may know whether the very fact of his employment with the organization is denied so that he can decide the course of his alternative remedy for the issue.
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