Dear Sir/ Madam, I have completed 7 years in Pvt. Ltd company, Where I have not received any offer letter or confirmation letter from the company. Now I am resigning company then the company says Give them Notice period for 2 months, I have given them 5 days notice any leaved job, but now they hold my salary and gratuity amount, our company did not deduct any PF or ESIC amount from salary, Please suggest next course of action against company.
From India, Navi Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
KK!HR
Management Consultancy

KK!HR
1289

As regards gratuity, there is a statutory remedy, you may approach the Labour Officer of the local area where your unit is located and raise this grievance. He is the statutory authority and can enforce the legal provision.
Though there is no appointment order or confirmation order, they would have the policy of notice period, yet they need to circulate it to the employee. Do you have any idea how they dealt similar matters.
With seven years of service you would have accumulated leave (other than casual leave) offer it to adjust against the deficient notice period, at any rate they would not be paying you.
If everything fails prepare separate applications for gratuity as well as other dues and submit to the Labour Officer for further taking up with your employer

From India, Mumbai
Thank you KK San,
In this case company is saying after 240 days assumption that every employee is confirmed in company
They have given me INCENTIVE , LEAVE IN LAST 7 YEAR .
CAN I still apply legel notice for company

From India, Navi Mumbai
KK!HR
1289

240 days service, legally speaking does not confer confirmation in service. That is a managerial prerogative and is to be conferred by a specific order to that effect.
You can resort to legal action if everything else fails.

From India, Mumbai

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