Facing Salary Issues After Resignation Without a Joining Letter – Any Advice?

Hi, I was working in the education industry for 3 months. I requested a holiday for 7 days, but my seniors did not approve. They did not even provide me with the joining/appointment letter. Instead, they asked for a one-month notice for resignation, rather than granting me the 7 days off. I disagreed with their decision and did not give any notice as I did not have a joining letter. This led to conflicts, and the company instructed me to leave without paying my 18 days' salary. What should I do? Can anyone offer me some suggestions?

Without an offer letter, you can't claim your 18 days of salary because you are not aware of the terms and conditions of the offer.

Dear Chiku,

Can you please tell me which company you are with? Just provide it in writing via email and cc your personal ID as well. They can't stop your payment if you have worked for them as per the labor laws of the country. Since they haven't provided you with an appointment letter, you are not aware of any notice period or company policies. They are at fault. Just email them the details, and if they respond to it, it will be the last nail in their coffin.

Dear,

It's your mistake that you joined that organization without receiving an offer letter. I believe you don't have any terms and conditions letter. Based on my knowledge, you can't do anything. Please avoid any conflicts with senior management. There may be a connection with your new organization.

With regards,

ROHIT SHARMA S. Executive (Marketing) D.B. Group

You should file a complaint against your company in consumer court. It's the clear fault of the company you are working for. It's your right according to labor law. You are a clear victim of fraud by your company. How can this company recruit anybody without giving them the joining or offer letter? Take a better step, and you should be at your goal as soon as possible.

Dear,

If you have any proof of that institute like bank salary or any other documentation such as a salary slip or ID card, then you can proceed through the legal process. Simply write an application addressing the local labor officer or labor commissioner, specifying the details of your situation.

Regards,

Jignesh Bhagat
HR Executive

Hi Dear, My company name was xxxx, Lajpat Nagar, New Delhi. Do consumer courts help in this matter?
Neha
9810134886

I agree with Jignesh... Chiku, did you sign any ledger book daily for attendance purposes? Then you have a strong proof of your employment, and your local officer can help you. Just fight and get the salary that you worked for.

- binzy

Hi Neha,

Is the amount substantial? If not, then consider it as a 'fee' you have paid for the 'experience' gained. It is not worthwhile to go to a labor court. Though technically you may be in a position to win your case (any of the documents such as a bank salary account, salary by cheque payment, attendance register, or ID card may help in winning your case), it may not be worthwhile. Any future employer would take this case as a negative point against you if they come to know of it. No company wants an employee who can bring labor court troubles for them. Think again...

Dear Chicky_Sidhu,

Even though you do not have an appointed letter, you can claim 18 days' salary. Please note that, as per labor laws, terms of employment are either expressed or implied. In your case, the terms of employment are implied. Furthermore, your company/institute can't refuse to pay you the salary for the period you have worked. If they are not paying your 18 days' salary, then you should submit your application to the Labour Inspector/Commissioner of the region where your company/institute is situated/covered under the Payment of Wages Act, 1936.

For any guidance or help, please contact (M) - 09900552668.

NKJ

Dear,

I completely agree with Mr. Jignesh. If you have any evidence of your work and connection with your company, have a few staff members sign a letter confirming this and attach it. Then, send the letter to the Assistant Labour Commissioner. If a solution is not reached, you can utilize your rights under the Right to Information Act by directly approaching the labor office. However, before taking any of these steps, try to communicate with them politely as words can often be more effective than anything else.

Sandeep

Dear Sidhu,

Justice is on your side. In your case, as per the law, you have the right to leave employment with 24 hours' notice (not 1 month's notice). Since you were not issued an appointment order or letter, there is no other binding agreement. Apart from evading salary payment, they have also erred in not issuing you an appointment letter. Inform them that you have other employment proofs. You can remind them (if they do not acknowledge) of PF deduction, ESI deduction, and about labor courts. However, do not go through the hassle of taking the matter to court for the sake of 18 days' salary. This is just to make them apprehensive.

They will realize that you are well-versed in statutory matters and will certainly pay the 18 days' salary.

With regards,
Sathish Kumar P.

Please remember, you can approach the Assistant Commissioner if your salary is less than ₹10,000. Otherwise, the authority won't take any appropriate action in your case.

Regards,
Janardan