Abruptly Fired Without Pay or Papers: Can I Take Legal Action Against My Employer?

Hi, I am Vikas from West Delhi. I was working in an unregistered company where the total number of employees is 12. There was no PF, no ESI, and no salary slip provided. I only have a printout of the previous month's salary, which lacks an address and the owner's signature. Additionally, I did not receive an appointment letter or a termination letter.

I was abruptly terminated without notice and without receiving my last salary. Can I file a complaint against this company?

Do you have any other means to prove your employment? Like any copy of attendance register, internal memo, letter of authority, etc. If yes, you have a good case. If no, still then you can lodge a complaint. Whether you will be able to prove anything later depends on the situation.

For a better reply, you should give more details like your nature of employment, nature/type of company, your tenure of service, last drawn wages, etc.

It's an internet provider company. Our work is to install new broadband connections. They receive Rs. 250 per user monthly as a commission from another company.

I only have 2-3 friends working in the same company, but I know they will not help me. If they help me, they may lose their job.

No, I don't have anything. I only have a printout of my salary slip.

Background Information

It's an internet provider company. My work was to install new broadband connections. They receive Rs. 250 per user monthly as a commission from another company.

I worked there from 2014 to July 2016. In July, I had an accident during working hours, but they only gave me Rs. 16,000 as compensation. They claimed they found drugs on my bike. I then rejoined in October 2016, but they dismissed me on January 31, 2017.

I only have 2-3 friends there who work in the same company, but I know they will not help me. If they do, they may lose their jobs.

No, I don't have anything. I only have a printout of my salary slip.

Salary slips do not require any signature if they are computer-generated with the company's name. If the company pays you salary by cheque, your bank statement will help prove your case. In any case, you can file a complaint with the Labor Officer in the location where your company office is situated.

It would be very difficult for you to prove anything. You have no proof that you worked there.

Complaining to the labor commissioner is unlikely to help, especially if existing employees refuse to acknowledge you worked there.

You need to move on and find another job, but with proper processes.

Compensation Under the Employees' Compensation Act

Since you met with an accident, you have a chance to receive compensation under the Employees' Compensation Act. As you stated, the company has paid Rs. 16,000/- as compensation, which I assume is very low compared to the Act. Such payment, if made through a bank or any other mode in writing, can still prove your employment.

A payslip can be of great help if it is in the proper format and computer-generated (not merely a computer printout).

You can meet with a lawyer with every single document you have in your possession so that your actual locus standi can be judged.

Since you were asked to install a new broadband connection, I assume you were given a work order with the names of clients and addresses where you were supposed to install the broadband. Were there any forms where you had to put your signature after installing the broadband? Have you ever been issued any memos to purchase any software/hardware, etc.?

Please try to find copies of such transactions, if any, in order to prove your employment.