Confirmation Letter Not Given By Management After Accident

Hi,

Sir, please reply. I am working in a private limited company and I am suffering from a hand injury which happened on the last day of my probation period. It took me 6 months to recover, and then I resumed my duties. I have been doing my job for the last 2.5 years, but the management has not given me my confirmation letter. I would like to know how I can obtain it. Please reply. Thank you.

Hi,

Please give me a reply. I am working in a private limited company and I am suffering from a hand injury which happened on the last day of my probation period. It took 6 months to recover, and I returned to my duties. I have been doing my job for the past 2.5 years, but the management has not given me my confirmation letter. I would like to know how I can obtain it.

Please reply. Thank you.

Your accident has nothing to do with the issuance of a confirmation letter. Since the management is not giving you any confirmation letter, try to gather as much evidence to prove your employment with the company and tenure. In case of any disputes that may arise in the future, you can use these documents in your favor.

Alternatively, you can write a simple letter to the management stating that you have been working since... and request the management to issue the confirmation letter in terms of your initial/appointment letter (check the terms before).

Whether your services are confirmed or not is immaterial. If you have completed 240 days of continuous service in these 2.5 years, you are entitled to, and the company is liable to pay, all statutory dues and benefits with retrospective effect.

Does your service require by the management? Have you confirmed your absence to the management? Have they replied over this? Anybody started working in your place? Who is currently looking after your roles & responsibilities?

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Does your service require by the management? Have you confirmed your absence to the management? Have they replied regarding this? Has anyone started working in your place? Who is currently looking after your roles and responsibilities?

Ashruba, please clarify the following:

1. Are you directly employed with the organization?
2. Or through a contractor?
3. How is your salary being paid?
4. Are you being issued a salary slip?
5. Are you covered under EPF and ESIC Acts?
6. What type of industry is this?
7. Are there a minimum of 20 employees?

Only then can we consider how to proceed. However, the point of view of Mr. Sogemar is valid.

V. MURALI

Dear sir,

My friend is working in a limited company (manufacturing plant). The company provided an offer letter stating a probation period of 3 months. After successfully completing the probation period, the company did not provide a confirmation letter (which is usually given to employees who have been with the company for the last 5 years). Now, my friend has completed 240 days of work. The company is pressuring them to leave but has not issued any termination letter or notice. The employee has not resigned in writing. The company is withholding 1 month's payment and 3 months' notice pay. The employee attempted to go on duty but was denied by the management.

What should be done in this situation? Please help.

There are instances where the company does not give a confirmation/appointment letter, but that does not take away the right of an employee as per the decisions of the Apex Court. You can prove your employment with many other documents.

Do not succumb to the pressure and give resignation. If you resign, you will be on the back foot. If the company is withholding salary, please inform them in writing to release the pay. Generally, salary has to be paid within the 7th-10th of each month; otherwise, it will attract penalties and interest.

Ashruba,

Though you have not provided an answer to my questions, I understand that the issue raised by you initially and the question raised by you now are different. Under the circumstances, you should approach the Labour officer.

V. Murali