Anonymous
Dear Experts, Greetings... Employee requests for leave on 31st Jan 2020 for 10 days from 1st Feb 2020 to be with mother for medical emergency. It is approved verbally on 31st Jan, But Director asked to send an email. Employee send email for approval on 1st Feb but did not mention no of days of leave, employer did not give any reply to the mail. From 1st Feb Employee was available incall and was in touch with team members to give any advice and information related to work. Organization paid salary on 10th of Feb 2020. All staff got salary except the staff who was in leave. When asked about this, the Director replied the staff needs to join before getting a salary. After the employee was done with their mother's operation, intimated her intention to the Director to resume duties from 14th Feb 2020, Director replied she is not allowed to join now. When the employee reached the office to meet the director for discussing how could she get her salary director responded as, we thought you left without resignation, hence you are not eligible for salary. Employee asked, she wants to continue and serve the notice for 1 month, the Director declined to accept her in work.

Employee Joined on May 2018. As per the offer letter, the employee needs to serve a notice of 1 month during the probation period, but the employee was not given any Appointment letter after completing her probation period. In January 2019, Director only intimated verbally that she has been appointed as a permanent employee and she will get a salary hike.

If the employee has not received any Appointment letter, then how the employee's employment will be governed by the clause of the offer letter for serving a notice period of 1 month? What are the legal remedy available to the employee so that the employee get pending salary and PF amount?

Thanks

From India, Kolkata

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KK!HR
1098

From the details, the designation, nature of duties of the employee are not clear. As you are falling within the PF coverage and presuming you to fall within the category of 'workman' as per Industrial Dispute Act 1947, you may send a notice stating the facts as above and seek reinstatement in service or else notice pay, leave salary, compensation for wrongful termination etc. Endorse copy to the local Labour Officer and start the process of adjudication.
From India, Mumbai
Glidor
617

@Amitabhdas
Feb 2020 issue, and the post comes on board after 10 months
if the employer refused to entertain, the employee had to file a complaint with local LC, it does not matters that the formal appointment letter is available or not, but the salary slips or bank credits are enough evidence to prove the employment,
Please be rational and mention details that what measures has been taken by employee towards the issue except th9is one failed meeting with director
shops and establishment office as well as factory department both have own labor inspectors who look such matters at primary stage, the employee had to raise the issue on their table either by attending them or through letter or email correspondence, to resolve the issue
one point is not mentioned that in the email sent, the employee asked for emergency leave or mentioned that he/she is unable to attend from ......... , this language difference may tender an upper hand to the employer,
Now, collect your salary payment evidences and lodge complaint with labor department of employer jurisdiction, they will surely tender their help to resolve the issue


Thanks for your reply @KKK!HR The role was Project Coordinator.And Nature was to look after Project related work.
From India, Kolkata
Thanks for your reply @Glidor In the email sent,employee asked for emergency leave. The organisation did not provided any payslip.
From India, Kolkata

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