Stuck Without Pay: How Can I Get My Salary from a Job with No Formal Documentation?

Dear All, I have received an offer from a somewhat unusual group as an Assistant HR Manager. I only worked with them for 20 days. Since they do not have clear HR policies regarding roles and responsibilities, they mistakenly combined my HR profile with a sales profile. Consequently, I decided to leave within 20 days. I submitted my resignation to the HR head and handed over all tasks to him. However, after a few days, I discovered that he had withheld my salary without any valid reason. He requested me to submit my relieving letter from my previous employer, which I promptly did. Despite this, even after 2 months, he continues to provide false assurances regarding the release of my salary.

Due to not having a formal joining letter, ID card, or any other documentation to prove my association with them, I am unsure how to proceed in order to obtain my salary. I have been consistently sending emails to him requesting the release of my salary. Seniors, please guide me on whether I should seek legal assistance. Is there any possibility of receiving justice in this situation?

Thank you.

If you have signed in the attendance register, it will help you when claiming your salary.

Thank you.

Dear All,

I have received an offer from a rather unusual group as an Assistant HR Manager. I worked with them for only 20 days. Due to their lack of HR policies regarding roles and responsibilities, they mistakenly merged my HR profile with a sales profile. Consequently, I decided to resign within the first 20 days. I submitted my resignation to the HR head and handed over all tasks to him. However, after some time, I discovered that he had withheld my salary without any valid reason. He requested my relieving letter from my previous employer, which I promptly provided. Despite this, even after 2 months, he continues to give false assurances regarding my salary release. As I do not possess a copy of my joining letter, ID card, or any other proof of my employment with them, how can I proceed to claim my salary? I have been continuously sending emails to him requesting my salary release. Seniors, please guide me. If I choose to seek legal assistance, is there a possibility of obtaining justice?

Understanding the Reasons for Leaving

Sachin, the first thing I want to know is why you left this job. Was it due to dissatisfaction with the work or the mixed profile, or did you receive a better offer elsewhere? Have you signed any employment, appointment, or joining contract? If so, have you reviewed the terms and conditions stated in the contract or appointment letter regarding resignation and notice period?

Contractual Obligations and Consequences

If your appointment letter prohibits leaving without serving a notice period, and you overlooked this requirement during your resignation, it may have created the issues you are currently facing. Both parties, the employee and the employer, are obligated to adhere to the terms of the contract or appointment letter, which represents a mutual understanding and agreement of employment. Violating these terms can lead to consequences for either party.

You have shared your story and the challenges you are facing, but what about the employer's perspective?

Confirmation of Resignation Acceptance

Secondly, please confirm if your resignation has been accepted by them. Employers typically hold salaries for one month after resignation. However, since it has been two months and you have not received your Full and Final settlement, I recommend meeting with your boss and the Head of the HR Department. Do you have a copy of your accepted resignation? If so, this could support your case.

Current Employment and Focus

Third, I hope you are currently employed elsewhere and content with your work. If so, I advise focusing on your current role and not worrying excessively. Your former employer may delay your salary temporarily, but you are entitled to receive all your dues.

Steps to Resolve the Issue

As mentioned earlier, it is essential to personally meet with your boss and HR Head to inquire about the status of your pending dues and the necessary steps to resolve this matter. Avoid relying solely on email communication; face-to-face interaction is often more effective.

Take this step first and update us on any progress. I am confident that your visit will bring positive news and resolution.

Best of Luck!

Dear Mr. Anil, I have not received any appointment letter. I have emailed my resignation to the HR head and subsequently handed over all my responsibilities to him. As per your instructions to visit, I have already visited once regarding this matter. The HR head requested me to submit my relieving letter from my previous group, which I promptly forwarded to him. Despite numerous calls and emails to follow up on this issue, he continues to provide false assurances about my salary release within 2-3 days.

Prior to my joining, a similar incident occurred with 2-3 HR personnel who left the service within 4-5 days. I have had discussions 2-3 times with both the HR head and Director regarding my job profile, yet I was still assigned sales tasks. I waited for any changes in my profile for 20 days but upon receiving clarity on their stance, I decided to resign. I believe I have given ample time before submitting my resignation.

Mr. Anil, please tell me what I did wrong by resigning. We invest 2-3 years in professional courses and dedicate 5-6 years to gaining experience in the same field. After all this effort, it is unfair for anyone to dismiss a desire for a change in career direction as nonsense.

Sachin, the first thing I want to know is whether you left this job due to dissatisfaction with the work, a mixed job profile, or because you received a better offer elsewhere. Have you signed any employment or joining contract? If so, have you reviewed the terms and conditions, particularly regarding resignation and notice periods?

If your appointment letter mandates serving a notice period and you disregarded this during your resignation, it could lead to complications for you or any other employee who does the same. Your current challenges may stem from this oversight.

Both the employee and employer must adhere to the contract, which represents a mutual understanding and agreement of employment. Breaching this agreement can have consequences for either party.

You have shared your experience, but what about the employer's perspective? Has your resignation been accepted? Employers typically withhold salary for one month post-resignation, but if it has been two months and you have not received your Full and Final settlement, I recommend meeting with your boss and the HR department head. If you have a copy of your accepted resignation, it can support your case.

Furthermore, if you are currently employed elsewhere and content with your work, focus on your present job without worrying. Your previous employer may delay your salary, but you are entitled to your dues eventually.

I suggest meeting with your boss and HR head in person to discuss when you will receive your pending dues and clarify expectations. Avoid relying solely on emails for communication; face-to-face interactions are often more effective.

Take this step first and update us on any progress. A personal visit may yield more positive outcomes for you.

Best of luck.

Hmm, Satish, well, you have done nothing wrong. As you said, you have already communicated with the HEAD-HR, and they are making false promises to you that you'll get your salary in 3-4 days. I would suggest you please make another visit to them directly and speak to them.

Documents to Prove Employment

Secondly, you mentioned that you don't have an appointment letter. What other documents do you have to prove your employment with them? Do you have anything like an electronic job offer letter/email or any acceptance of employment from your side or theirs?

Seeking Legal Assistance

You can seek legal help or speak to your local labor commissioner in this regard. But if you don't have the documents I'm talking about, how will you prove that you have worked there and resigned for whatever reason? In that case, you need to take wise action and strive for it regularly.

Rest after your response.

Regards,

Thank you for the quick response. I have received the offer letter of employment. They have provided me with a company email ID for official use, which I have started using. Following your advice, I am planning to meet with the HR head soon. I will see what comes out of the meeting, and then I will take the necessary action. Thank you once again.

Addressing Salary Issues

Hmm, Satish, well, you have done nothing wrong. As you mentioned, you have already communicated with the Head of HR, and they are making false promises regarding your salary being paid in 3-4 days. In that case, I would suggest you make another visit directly to them and discuss the matter.

Documenting Employment

Secondly, you mentioned that you do not have an appointment letter. What other documents do you have to prove your employment with them? Do you have any electronic job offer letter/email or any acceptance of employment from either your side or theirs?

If you do not have the necessary documentation, how will you prove that you have worked there and resigned for whatever reason? In this situation, seeking legal advice or contacting your local labor commissioner may be necessary. It is important to take wise and consistent action in this matter. I look forward to your response.