Missing Offer Letter and Salary: Can I Legally Claim My Wages from My Employer?

I have been working at a private firm for 3 months now, and I haven't received my offer letter, appointment letter, ID card, and salary for no reason. I cannot continue any longer and am on the verge of resignation. Am I still entitled to my salary lawfully? Can I take legal action against my employer if he refuses to do so?

Are you a fresher? What was the reason for you working in that company for the last 3 months? I don't think there would be any way for you to sue your present employer legally.

Yes, I am a fresher. The mark sheet of my final year has been misplaced by my college, so I have to apply for a duplicate in the Mumbai University. My employer has stalled my appointment letter because I don't have that mark sheet, but I have submitted a letter from the college validating that I am a graduate and have attached the copy of the merit list. It's been 3 months now, and no salary. What should I do?

You can always obtain a duplicate copy of your mark sheet if you are not concealing anything. In my case, I had lost all my certificates. I joined a concern after procuring all the duplicates and made some affidavits.

Claiming Unpaid Salary

Regarding working for 3 months, please advise if you have signed the attendance register or if your handwriting is on any of their official papers. If yes, you can very well claim your salary as no one has the authority to take service free of cost. The company will be caught under Section 420 of the IPC. First, take photocopies of all documents as proof. Then, lodge a complaint with the Labour Commissioner of your locality. If no solution is forthcoming, lodge an FIR under Section 420.

But first, openly discuss the matter with the HRD and the boss of the company.

Regards

Taking Legal Action for Unpaid Salary

You can take action by lodging a complaint with the Labour Commissioner in your area. If you are forced to work without payment, proceed to file an FIR under Section 420 of the IPC. Collect all documents and proofs where your handwriting is evident. Remember, this is a free country, and no one can take advantage of you.

It's essential to first communicate verbally with them. Follow up in writing, stating when you will submit all your duplicate certificates along with an affidavit. If they fail to pay your salary, issue a notice regarding legal action. Subsequently, approach the Labour Officer to lodge an FIR under Section 420 and involve the police. Avoid unnecessary expenses on filing a case.

Hi Sumitdipta,

Thank you for the right guidance and advice. I have given my notice period and filed for resignation. I have spoken to my boss in person and told him about my decision as well as emailed my notice for the same, but I haven't received any confirmation saying that my resignation has been accepted. Should I ask for one or just confirm my last date at work with my boss.