Can I Seek Justice in Labor Court Without Written Proof? Facing Unpaid Wages and Mistreatment

Actually, I was working with a placement consultancy. I joined them on January 28th, 2015. There was a fixed salary plus incentives structure. No documents were provided or signed during the 3-month probation period. After the probation period, they were supposed to provide me with an offer letter.

At that time, due to my financial condition, I had to join them even though I wasn't entirely happy with the situation.

After exactly 3 months, at the end of April, I got an opportunity in the Human Resource Department that I had been looking for. I orally resigned, which I admit was a big mistake. I simply informed my employer that I had a new opportunity and needed to move on. Initially, he denied my resignation, but eventually agreed to a 15-day notice period and promised to release me. I served 10 days of notice and joined the new company on the 11th day.

As far as I know, employees can leave the company with either no notice or within 7 days during the probation period when no offer letter has been provided.

When I asked for my salary for the month of April and the 10 days' notice period, he refused to pay me. He told me to wait until mid-September for settlement as payment from the client was expected then. Additionally, he did not pay me any commission for successful recruitment in February and March. Moreover, during my notice period, I worked on one lead, and a candidate was selected with an annual package of 6 lakhs.

I am considering seeking justice from the labor court. However, I am hesitant because I lack any written proof. Another reason for my hesitation is that he has mistreated several other female employees, and I hope to prevent further harm to others' careers by holding him accountable.

Thank you for your attention.

Taking Legal Action Against Unfair Employment Practices

Join hands with other affected parties and file a case. Not having written proof will affect the outcome, but the fact that he is taken to court will have a big impact. Such mistakes are made by many due to a lack of experience and urgency to get a job, but then we have to find a way out so that you do not lose your due entitlements.

Gathering Evidence and Seeking Legal Advice

Do you have details of the work done? Has he paid any incentives so far? This will help prove that incentives were being paid, and the rate can also be worked out. Was the pay by cash/cheque? Collate whatever documents you have, such as SMS, email, etc. Do consult a lawyer and set things right. Let the employer not get away because he was smart enough not to leave a documentary trail.

Thank you, Mr. Nathrao, for your suggestion. Yes, he was paying me by cheque, and he had never given any incentives yet (he was like "will pay you with salary next month"). Regarding details of work done, I used to work on leads given by him, and on every paper, the name was in the name of that consultancy only rather than any employee's name, so unfortunately can't work out on that also. However, the client for whom I was working was very well aware of my dedication and work done.

You will have to do some spadework. Definitely, other employees would have received incentives. This will prove that incentives are a part of your salary structure. The client may be able to give indirect evidence of your work. Consult a lawyer and see what can be done. The affected employees must be rallied together into joining hands.

Yes, I am getting your point, thanks again.

I just wanted to confirm if I can file the case or not. Also, one doubt: I hope it will not affect my current profile and organization.

Thanks

You can file a case. You were promised remuneration, which included an incentive; now, if they decline the incentive, it is a breach of contract (even if it is oral). How your current employer will view it cannot be commented upon. Some employers may agree with you, but some may think the employee is litigation-minded. One has to take a call. Nothing can be won by indecision or hesitation. If you feel there is a need to "teach a lesson," as you earlier said, then file a case. But know your weakness - oral commitments, no documents, etc.