How Can I Get My Last Month's Salary Without a Contract? Seeking Advice

Hello sir,

I was working in a private company as a salesman. The company doesn't provide any offer letter or anything else that can be helpful to prove that a person is working there. I haven't signed any papers at the time of joining, so obviously, there will be no notice period. Now, as I have left the company, they denied to pay my last month's salary and allowance.

Please guide me on how I can get my salary and allowance and how to settle my account.

Though they have not issued a letter of contract, your attendance, business card, or ID card can be shown as proof of association with the company. You mentioned you left the company. Have you submitted a resignation letter? Have you given a notice period? If your employer agreed to release you, they must settle the account, and it's mandatory. Issue a letter to your employer in simple language to release the salary or inform them you would approach the Regional Labour office if your request is not considered. Things will settle in your favor.

Regards,
Venkateesh

Many companies do not provide appointment letters, but that does not necessarily take away your rights. As already pointed out by Mr. Venkatesh above, other documents like attendance registers, payslips, letters of authority, etc., can prove your employment.

Steps to Recover Outstanding Salary

Send a letter to your employer requesting the release of dues (outstanding salary and other dues). Send this letter via registered/speed post and keep a copy of the postal receipt, as well as details of online tracking. Give them a reasonable time (say two weeks) to clear the payment. If they do not comply, you can approach the labor commissioner or the appropriate authority based on the nature of your work.

Does your salary have any sort of PF or ESI deductions? If yes, then it serves as proof of your employment. The letter needs to be sent through Speed Post in order to have proof of sending the letter.

I am writing assuming that you have worked sincerely for your employer up to the last day, and despite that, they do not wish to release your wages. Please consider sending a simple letter to the Director of the company by Speed Post, requesting them to instruct the payroll department to release your salary for the number of days you have worked with them.

If you were working as a counter salesman, they would have an attendance record, so there is no need to provide any extra documents. If you were a traveling salesman, providing copies of the Daily Call Report for the relevant month would suffice. Please cc a copy of this letter to the HR head. Mention in the letter that you do not want to take any legal action but are requesting them to resolve this amicably. Avoid using any harsh language.

Wishing you good luck!

Dear Venkatesh sir,

Thank you for your reply. I wanted to inform you that I have submitted my resignation letter, and at the time of resignation, the employer agreed to release me within the time I asked. However, at the time of settlement, he informed me that I will only be paid for three days.

As I am the only person in the family with the highest earnings (e.g., 10000), I really need this money.

Thank you.

First, you have said you do not have a notice period, which means you did not serve a notice period. Then you say that you have resigned and they have accepted your last working day. I do not know which of the following is actually true.

Also, what is the reason given by the company for not clearing your last salary? If you do not provide the complete details, we will never be able to give you the correct answer.

I submitted my resignation letter on October 20th and informed my employer that I would be leaving on October 23rd. At that time, he did not inform me that I would have to serve a notice period. Additionally, he mentioned that he would release my salary on November 10th. However, during the account settlement, he stated that I would only be paid for three days (from October 21st to October 23rd) as I had only served a three-day notice period.

In the absence of an offer letter or appointment, although you can prove your employment, a verbally contracted employment agreement cannot legally stand if either the employer or employee backs off from the terms thereof.

Regarding your situation, have you been holding the salary slip, identity card, or the bank statement showing salary payment through a cheque? Has the employer deducted your TDS or EPF & ESI contributions? These pieces of evidence could help prove your employment. Additionally, try to approach a colleague who has worked with you and can speak in your favor. If all else fails, consider writing a letter requesting to be relieved of your duties. If this is ignored, you can approach your local labor commissioner who will take necessary steps accordingly.

Thanks & Regards,
V. Shakya
HR & Labour Law Advisor

If he is paying you for the 3 days you worked, then what exactly is the problem? You said he is not paying for the previous month. So are you saying that he made an oral promise to pay the salary and then refused now? If it's an oral promise, then there is little you can do. But your failure/refusal to complete normal expected notice pay goes against you....

He just told me that he will pay for only 3 days which I have worked after resignation. He says that he won't pay me for 20 days.

Understanding Your Employment Situation

Facts are not very clear to me, but I assume that you worked for 20 days in September and resigned on the 20th of September, effective from the 23rd of September (3 days' notice). So, you have worked for 23 days in September, but your employer is willing to pay for only 3 days.

If my assumption is correct, then you are entitled to 23 days' pay. If the company does not pay, you should demand it in writing (with proper acknowledgment) before approaching the appropriate forum to recover the salary.