How to Handle a Company Not Issuing an Appointment Letter and Withholding Pay?

Can anyone guide me on what to do when a company has not issued an appointment letter and only sent an email for the offer letter? I worked with the company for two and a half months, and they credited my salary into my bank for two months. After I resigned, they now refuse to pay me for the 7 days I worked, claiming I have to give them one month's notice. However, I believe I should be paid because I have not signed any document where this notice period was mentioned, such as an appointment letter. I have all conversations in my personal email, which they corresponded to me from a professional email, and I also had my own professional email ID. Please suggest what I should do.

When you did not sign any letter of appointment stipulating a notice period, the company is not entitled to insist on it. You are entitled to wages for the period you worked for the company.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

You can always ask them for the employee manual or handbook where the terms of resignation are written. If they do not have anything in written form or have not conveyed it to you in the emails they send, then you can take action. But first, check the legal documents of the company.

Regards,
Anuradha
MINDSHARE HR Consultancy Private Limited

Employee Manual and Legal Documents

You can always ask them for an employee manual or handbook where the terms of resignation are written. If they do not have anything in written form or have not conveyed it to you in the emails they send, then you can take action. But first, check the legal documents of the company.

Regards,
Anuradha

They have not given any employee manual, and secondly, I have not signed an appointment letter mentioning the notice period.

Understanding Your Appointment Letter and Notice Period

An appointment letter is authenticated when you sign it, indicating your agreement to the mutual terms. You may want to check your company's HR manual or employee handbook for specific rules and regulations regarding the notice period. If your HR department has mentioned a notice period, there should be an HR manual available for employees. It is important to verify these details, as the appointment letter may not contain all the company's rules and regulations. For comprehensive information, a separate employee handbook is often provided, which aligns with the Model Standing Order of your company.

Regards

Thank you for your reply. Here, I have attached the email conversation between me and my seniors, as well as with HR. I have also attached the offer letter they sent to me. I only received this offer letter and no hard copy of an appointment letter or anything mentioning the notice period. Please suggest what action I should take against them. I am waiting for your reply. Please see the attached file too.

Regards.

Thank you for your reply. Here, I have attached the email conversations between my seniors, HR, and me. I have also included the offer letter that was sent to me. I only received the offer letter and did not receive a hard copy of an appointment letter or any document mentioning the notice period. Please suggest what actions I should take against them. I am awaiting your reply. Please see the attached file too.

Regards,

Understanding Offer Letters and Terms

This is only in the nature of an offer letter since it requires you to bring your photos and relevant documents at the time of joining. However, this offer letter also requires you to understand certain terms and conditions of the company, thereby implying that there are certain terms and conditions of service. Unless such terms and conditions are in the public domain, like being on display on their website, if any, or being put on the notice board, it is the company's responsibility in the first place to provide you with the manual or copy of such terms and conditions since such a manual or document is in the company's custody. It is not for you to dig them out from their cupboards. Trust this will clarify your stand.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Understanding Your Rights to Claims or Dues

I can only refer to the circumstances under which you can assert your right to any claim or dues. The facts are known to you only. For example, if such terms and conditions are displayed on the website or displayed on the notice board, or you are required to approach HR and ask for a copy of it and you did not do so, you cannot say now that you are not aware of any stipulation pertaining to resignation. If all these circumstances are not there, you can say that the company cannot insist on it now.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Once you accept the company's offer letter, you are liable to serve a notice period of one month. In your offer letter, they have mentioned a probation period of 6 months from your joining date. Should your performance be found satisfactory, the company would be pleased to confirm your appointment. Therefore, there is no way to dispute with the company for 7 days' salary.

Probation Period Details

Probation means that if your performance is good, they will issue your confirmation letter. If you voluntarily resign, there is no provision to receive your salary.

Regards,
Suresh VVN

Understanding Notice Period Obligations

Once you accept the company's offer letter, you are liable to serve a notice period of one month. In your offer letter, they mention a probation period of 6 months from your joining date. If your performance is found satisfactory, the company would be pleased to confirm your appointment. Therefore, there is no basis to dispute with the company for 7 days' salary. Probation implies that if your performance meets expectations, they will issue a confirmation letter. If you resign voluntarily, there is no provision for receiving your salary.

Thank you for your response. I have reviewed your attachment, and I did not find any mention of the notice period. I understand your concern about wanting to ensure fair treatment, especially considering the past actions of the company towards former employees. I resigned early to address this issue as I discovered that the company had not paid salaries to two ex-employees before me. This was not just about 7 days' salary; it is about addressing a recurring concern. Sir, are you certain that any action I take will be futile?

Regards,
Suresh VVN