Stuck Without My Last Month's Salary: Should I File a Complaint Against My Former Employer?

I was working with a private limited company, but they are not deducting PF and ESIC. I have worked for 4 months. I left the company by giving 8 days' notice, although they have not provided me with an appointment letter or offer letter. I have handed over my job properly, but they told me to give 15 days' notice, which I didn't comply with. Now, they are not giving my last month's salary. Kindly advise whether I should file a complaint with the labor officer. Where in Vasai should I lodge a complaint? Please provide me with the address/email ID.

Regards,
Georgia

Resolving Employment Disputes Without an Appointment Letter

Not having an appointment letter cannot be the answer. The company can always argue that you were given one and you did not sign it. The exit clause is generally a well-known clause, especially after working with them for 4 months. Therefore, the first step should be to try to speak with the higher-ups and resolve the issue internally. Only if that fails, consider going directly to the contract labor officer. Proving your employment could be challenging in that case, as you mention that no letter was issued, and there were no PF/ESIC deductions.

Regards,
Ashutosh Thakre

I was on a probation period, so there was no need to give notice. They were not deducting PF/ESIC for anyone. If there are 15 employees, why are they not deducting PF/ESIC? Their leave starts after completing one year.

PF and ESIC Deductions and Notice Period

The PF and ESIC deductions start after the firm has 20 employees. So if there were only 15 employees, they need not deduct the same. Also, there is a clause on the notice period even when you are on probation. Were you getting the payslips, or have you got the company ID card to prove that you worked with the company? You will need those when you approach the labor court.

My advice to you is to personally meet the seniors in the company and solve the problem. They might want you to come to the office and do the clearance before they proceed with the dues. Please go personally and speak with the senior management.

Regards,
Ashutosh Thakre

If your salary is more than Rs 18,000/-, the labor officer cannot do much on this issue.

Regards,
Varghese Mathew

It's less than Rs. 18,000/-; it's Rs. 11,000/- per month. Kindly suggest what can be done.

Regards

Advice on Employment Documentation

My advice - forget about this. Without an appointment letter or salary slip, you cannot prove that you were employed in that organization. These documents are required if you wish to join a professional organization.

Next time, make sure you have the appointment letter and payslips, or leave that organization as soon as possible.

Regards,

If so, you can make a complaint to the Payment of Wages Authority in your local area. They will be an officer of the labor department.

Regards,
Varghese Mathew

Dear Georgia,

This is a very common issue with most private firms. I would like to provide you with some guidance to help resolve your issue:

Before you proceed with any legal actions, you need to be prepared to prove that you were an employee in the organization. To do so, I need to know the following:

1. How many of you joined the organization during the same period and their status.
2. How was attendance taken by the firm for its employees?
3. Were you provided with the PF number?
4. Did you sign any official documents for the smooth functioning of the organization?
5. What is the mode of salary payment in the organization?

Please revert back, and we will try to assist you in getting your salary back or direct you to my friend at [Email Removed For Privacy Reasons].

Regards,
Raghavendra G

Is it Obligatory for the Company to Provide an Appointment Letter, Salary Slip, and ID Card?

Regards,

I joined the company through placement. One more lady joined two months before me. Attendance was taken on the muster and punching machine. No PF or ESIC was provided. No official documents were signed. Salary was deposited directly into the bank.

Regards,
Raghavendra G

I have noted your contents. For the 4 months you worked, you might have signed in the attendance. As per the Labor Act for staff leave (skilled), if anybody continuously worked for 21 days, they are eligible for all benefits without leave, please note. Also, in your case, it's minor. You have to talk amicably and discuss your future. If you approach the labor office, the company will have a problem. I hope you don't have any bad intentions against that company. HR personnel should be problem solvers, not problem creators. If you are in HR, please take note. The above applies to all grades in skilled employment.

Additionally, if you receive a probationary order, please read the terms carefully and act accordingly.

Regards,
Vijayalakshmi J

[QUOTE=georgia dias;2170876]It is not obligatory for the company to give an appointment letter, salary slip, or ID card. 樂

If you speak of the obligation of the company, then it is not your responsibility to demand these. Regarding ESIC/PF, your company may not be under the purview of the respective applicability. Concerning leave, you are eligible for Casual/Sick Leave only right now; even the EL/PL eligibility comes after 240 days of your tenure with the company.

It is advisable that if you are leaving for this reason only, it is your ignorance. Please get advice from your HR before taking any drastic step that may hamper your career. The rest is your choice.

In a situation where you have no documentary proof to show your employment with the company, as well as the nature of employment, it is better to let go of the story and start afresh elsewhere. Please take care and be cautious in the future.

Regards,
S.K. Johri

Salary Withholding and Legal Compliance

Whatever the circumstances relating to the issuing of appointment letters, salary slips, or identity cards may be, no employer can withhold the payable salary, which is a gross violation of the Payment of Wages Act.

Dear Georgia, you have mentioned that no deductions on account of ESIC & EPF have been made by your employer, but you have not clarified whether the establishment is registered under the provisions of the acts and whether your salary was within the ceiling limits. If yes, the management has deprived you of the due benefits.

In such a situation, first of all, you should follow up on your case with the management. If no response is received, you can file a complaint before the Labour cum Conciliation officer of the area and also write to the RPFC, EPFO, and RD, ESIC for non-compliance. However, you have to establish being an employee of the establishment.

Regards,
P K Sharma.

I wish you all a happy 68th Independence Day.

Notice Period in Shops and Commercial Establishments

If an employee is employed in shops and commercial establishments, the particular State Shop Act prescribes the period of notice by the employee and employer. For example, The Punjab Shops and Commercial Establishment Act 1958, Section 22(1) states that no employee shall be removed from service unless and until one month's previous notice or pay in lieu of notice thereof has been given to him:

Provided that:
(a) No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;
(b) No employee shall be entitled to one month's notice or pay in lieu of notice until he has been in the service of the employer continuously for a period of three months.

Notice by Employee

Section 23 provides:
(1) No employee who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given his employer seven days' notice [thirty days in Haryana] or pay in lieu thereof.
(2) Where an employee contravenes the provisions of sub-section (1), his employer may forfeit his unpaid wages for a period not exceeding seven days [thirty days in Haryana].

Delhi Shops and Establishment Act

Section 30 states:
(1) No employee shall be removed from service unless and until one month's previous notice or pay in lieu of notice thereof has been given to him:
Provided that:
(a) No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;
(2) No employee who has put in 3 months of continuous service shall terminate his employment unless he has given his employer a notice of one month, in writing. In case he fails to do so, he will be released from his employment on payment of an amount equal to one month's notice.

Applicability of State Shop Act Provisions

If you are employed in a factory under the Factories Act, or any industrial establishments where certified standing orders are applicable, or a shop and establishment, the State Shop Act provisions will be applicable.

Since you have mentioned that your salary was transferred to the bank, please obtain proof of the salary transfer from the bank. This will be documentary evidence to prove that you were employed with your employer. Second, if you have given notice in writing, whether by Registered Post/Speed Post/Courier or through Email, these will work as documentary evidence. Then you can proceed with litigation.

You can file a complaint with the labor officer of your area who, after giving notice to the employer, will investigate the matter.

You can also make a complaint to EPFO/RPFC/APFC, SRO ESI.

Thanks and Regards,

RL Dhingra, Advocate, Delhi

Labour Law Consultant

[Phone Number Removed For Privacy Reasons]

Email: [Email Removed For Privacy Reasons]

Dear Vijaylaxmi, going through all the replies, I just wanted to remind you that you can surely take the company to court if they have not terminated you or asked you to submit your resignation letter.

You have already submitted your resignation letter and served a shorter notice period than the 15 days the company had instructed. Despite the company clearly stating the notice period, you chose to disregard it.

Therefore, the company may consider you as absconding and deduct the remaining notice period days as notice pay. Since you were still in your probation period, apart from the weekly off, you were not entitled to any other leave.

If you decide to take legal action, please be aware that the company will demonstrate that you voluntarily left your position and were required to complete a 15-day notice period, which you opted not to fulfill. Consequently, your salary has been withheld and will be released once you serve the complete notice period and finish the exit procedures.

This situation could have been resolved within 8 days, but due to a poor decision, it has become prolonged.

Regards, Ashutosh Thakre

Legal Implications of Employment Without Documentation

There is no legal documentation of a relationship of employment, so there can be no termination, absconding, or any form of legal action. How can a court of law accept a legal case of this nature (which is essentially about the law of the contract) without any documentation? There is zero legal hold on the employee by the employer in the absence of an appointment letter, which means that even in the case of fraud, the organization cannot file a case.

Similarly, the employee also cannot take that organization to court because there is no documented legal relationship of employer-employee by the law of the contract. Would you kindly explain to the group how termination/absconding of an employee can be given in the absence of an appointment letter?

Regards,

Deducting PF and ESI is mandatory for the employer for eligible employees. If you are working under the Shop and Establishment Act, you can approach the labor authority to recover your unpaid salary or under the Payment of Wages Act.

Just leave it. It's better to go for settlement smoothly. Please make sure you have collected the appointment letter for the next company and also have the payslip with statutory deductions for every month.

Good luck,

SURESH