Umakanthan53
Labour Law & Hr Consultant
Aks17
Compliance Manager
Karry Mudgal
Employee
+1 Other

#Anonymous

I have joined a organisation in the month of October 2017, they have send me the Letter of Intent at my mail as a confirmation, in that letter they have provided with the following information's
1) My Designation
2) Date of Joining
3) Salary Break Up
Further nothing is mentioned in that letter, they have written that detailed appointment letter will be provided at the time of joining along with the medical card
Now it has been close to 4 months since from my joining, I have contacted my HR several times written him on mail also that I haven't got my appointment letter till date and medical card till date.
He always say will issue the same I am busy with some work and avoid this question, I even tried to contact our MD to bring the issue in her knowledge but failed.
Just want to know can I take legal step against the HR in labour court?
4th February 2018 From India, Delhi
Have they given other employees appointment order and medical cards?
Not clear why they are refusing to issue this document?
Have you informed your team leader or HOD about this issue?
If so what was his reaction?
4th February 2018 From India, Pune
Dear Mr Nathrao
Here is the reply of all your questions
1)Have they given other employees appointment order and medical cards?
Ans) Yes all the other employees were provided offer letter and medical card. secondly the mail which was floated to me along with the letter of Intent which was provided to me they have clearly mentioned detailed appointment letter will be provided at the date of joining.
2) Not clear why they are refusing to issue this document?
Ans) This what I am also failing to understand why they are not providing these documents which are essential and right of employee at the time of joining. Since I am selected for sales profile insecurity/dobut rises more.
3) Have you informed your team leader or HOD about this issue? If so what was his reaction?
Yes I have informed them also but no response they always avoid these questions they say you focus on sales these are very small issues don't waste your energy in such issues.
Now please tell what should I do
4th February 2018 From India, Delhi
Dear Karry Mudgal,
The particular HR is also an employee like you in the organization. The fact that even after four months since your joining, formal appointment orders is not issued in spite of your personal reminders certainly indicates the lackadaisical approach of the HR Department of the organization. Being an employee of the organization, you can not legally proceed against another employee. In stead make a formal complaint to the Head-HR.
4th February 2018 From India, Salem
Dear Mr Umakanthan53
Sir I totally agree with you "HR is also an employee like you in the organization"
I have given several reminders to HR on mail and kept HR Head also in the loop but no action or reaction on that mail.
So just want to understand can legal step be taken against the company
4th February 2018 From India, Delhi
Hi. Since there is no response to your mail[s] to the concerned HR and the HoD, it might be that they still want to see your performance, as you are in the sales. without saying so before issuing the formal appointment letter, though it is not right. Chances of fighting legally and staying in the same company, that too in a private company is next to impossible. You may try to look for alternative and once it clicks, tell the HR of the present company your intention to quit and the reason in clear and unambiguous terms. It may not help you much, but it may help them in dealing better with other new employees in the future.
5th February 2018 From India, Hyderabad
Dear Karry Mudgal,
a)I reiterate that you can not proceed individually against the HR or the HOD-HR for the alleged lapse but you can do so against the organization for the alleged breach of the contract of employment.
But, that would be an unnecessary exercise in my opinion for two important reasons viz., (1) your relationship with the employer becomes strained and (2) by securing forced compliance from the employer you are converting a hitherto unconditional contract of employment into that of a conditional one which can affect your own interest adversely later.
b) I may be right or wrong to presume an adverse inference from your continued insistence on escalating the issue to the level of litigation that you developed a sense of non-belongingness as you smell a rat in the unexplained delay in the issuance of a formal appointment orders even after 4 months since your joining and actually you have made up your mind to quit by creating some ruckus.
But, I don't think that it is necessary. If some better avenue is ready on hand, you can simply resign and walk out for no conditions are mentioned in the letter of intent regarding unilateral exit. However, I admit that only the wearer knows where the shoe pinches.
5th February 2018 From India, Salem
#Anonymous
Really if you working in the same organisation doesn't help in Legal. You can take all of them in a Concall or make the HR come near to CEO or when CEO or Head on roads near HR question them.
Save on your emails as these emails may be helpful for you in future while proceeding legally.
5th February 2018 From India, Hyderabad
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