How Can I Claim My Full Salary Without an Offer Letter or Salary Slip? Seeking Advice

I worked with a small proprietor for the past 7 months. Within two months of joining, he started to trouble me, so I searched for another job. Once I found it, I gave him 8 days' notice and resigned from the job. My last date of working was in February 2013, where I served a 20-day notice period. Now my boss is saying that he will not pay me salary for 15 days and is ready to pay me for only 5 days. I want my full salary, i.e., Rs. 10,714. Please help me if there is any way to get my salary. Please note - I didn't receive any offer letter, appointment letter, or any salary slip. I only have a relieving letter and experience letter.

You have a valid document for clearance in place. Please write to him about the remaining amount. This letter should be sent to him through registered post. Acknowledge your date of joining, designation, date of leaving, and the clearance documents issued to you in this letter. Mention the duration within which he must respond with the amount and its calculation. He might, at the most, calculate that amount as a part of your Full and Final settlement. Once you hear from him, let us know about it.

Approaching the Labour Commissioner's office is your last resort. Let's see how far this can be settled amicably. Wish you all the best!

Did you give 8 days' notice or 20 days' notice? It is not clear. What date did you give notice, and what date did you leave?

Further to what Saswatabanerjee mentioned, do you have any idea on what basis your boss wants to pay salary for 5 days? What's the calculation?

While what (Cite Contribution) mentioned would definitely work, many times, especially with small companies like the one you refer to, just the mention of 'going/complaining to the Labour Commissioner' would work—since such outfits usually tend to avoid the Labour Commissioner if they have a choice. If this doesn't work, then you can go the whole hog. But, the first preference is to sort it out amicably, like she mentioned.

Regards,
TS

I worked with an IT company as a SAP consultant, "Cogniscient Business Solutions," and I have not been paid for the last 5 months (from the date of my joining). I have ample documents that can prove I am his employee, and I also paid him ₹50,000 as bond money. Can anyone tell me how I can file a case against him and get my dues cleared? He is now harassing me mentally. Please help me out at the earliest.

I gave 8 days' notice to him, i.e., on 12.02.2013, and mentioned to him that my last day would be 20.02.2013. However, due to some pending work, they requested me to work on 21.02.2013. Consequently, I worked on 21.02.2013 and joined a new company from 22.02.2013.

There was no formal calculation provided. He simply informed me that he would only pay me for 6 days and that the remaining balance would not be settled. In his organization, new employees are initially treated well for the first two months, after which they often face challenges. Moreover, the company does not offer any additional benefits. Employees, irrespective of their tenure, are required to buy their tea twice a day. Due to these conditions, I chose to leave the company. It is concerning that every time an employee leaves, they face difficulty in receiving their final salary.

Despite numerous requests, he refused to pay the remaining balance of Rs. 7,500, which amounts to the salary for 14 days. He only paid me Rs. 3,214 for the 6 days worked.

I hope this information is helpful. Let me know if you need any further assistance.

Regards

Let me be frank and blunt. When you already know the mentality of the boss—treating well in the beginning and later cooling off, as well as not paying salaries when an employee wants to leave—you SHOULD HAVE PLANNED YOUR EXIT MORE CAREFULLY. You should have resigned AFTER TAKING the salary at the beginning of the month.

In some situations (I think yours falls into this category), it becomes a case of 'minimizing the loss' rather than a 'maximizing the profit' scenario.

I suggest you tell him that you would be approaching the Labour Commissioner and see if it works. If it doesn't, lodge a formal complaint... BUT at the same time, be prepared mentally that you MAY NOT get anything out of this effort. For all you know, the amount of 7,500/- may be too small (from HIS viewpoint) for the Labour Office guy to follow up, OR your boss may buy over the guy when he lands at his office. The possibilities can be many.

Lessons for You

The lessons for you would be:

1. Choose a company more carefully by doing some background checks yourself BEFORE joining (sort of 'preempt' any such situation, rather than inviting the situation and then go about resolving it).

2. Even if you unknowingly land in such a situation again, plan your exit better, ensuring any dues from the company would be at the MINIMUM extent possible (it can't surely be zero) when you resign.

All the Best.

Regards,
TS

Can you please tell me the procedure on how to make a complaint to the Labor Commissioner? Rs. 7500/- might be a small amount for them, but it is a significant amount for me as there are four people depending on my salary at home.