Struggling with Final Settlement: How Can I Get HR to Respond and Resolve This?

Dear HR,

I was working in a Pvt Ltd company where I joined and worked for about 2 months before leaving. I did not serve any notice period. The only documents I have are the offer letter and salary slip; the HR did not provide an appointment letter.

Currently, I am trying to contact HR for a full and final settlement, but he is not answering my calls or responding to me. HR, could you please guide me on the next course of action I should take?

Dear Poonam, regardless of whether you have received your appointment letter or not, there are some rules to follow when leaving a company. While it is true that the company is at fault for not providing you with an appointment letter, it is also important to consider why you did not attempt to serve the notice period. In this situation, you are equally at fault.

How to prove your work period

How can you prove that you worked during the period for which you have not received your salary? I suggest trying to contact the Head of HR or the Managing Director of the company to resolve the issue amicably. If you have written any emails to HR, consider forwarding them to the higher-ups. However, the most effective solution may be to visit them in person and address the matter directly.

Regards,

Dear Poonam,

The letter or email can be based on the below points:

1. You have been working for 2 months.
2. You have not received the appointment letter.
3. The salary for the last month is pending.
4. The relieving letter is pending.

Also, what proof do you have regarding the attendance? We are aware that any law you state will indirectly be applicable to you. So proceed with caution.

Inadequate information.

Something is wrong. An appointment letter and joining report are both essential. Your case is different. How can you claim to be an employee of the said company for a while without a salary slip or attendance copy with you?

Approach the labor department nearby and disclose the same facts in writing. They will send a notice to your company to attend a joint meeting for both of you. Show your proofs and settle the matter amicably.

Dear Poonam, it doesn't matter if you have an appointment letter or not. You have a salary slip, which is a sufficient document to pursue your case. The following remedies are available in case your salary has not been paid for the said period by the employer:

1. If your salary is below 15,000/-, you can claim under the ID Act and may file an application in the Labor Department.

2. You can file a writ petition to the High Court under Article 224.

3. You can file an FIR under the Indian Penal Code as this is a case of fraud and cheating.

4. You can file an application to the women's cell as this might be a case of workplace harassment.

In the absence of any proof and document, you can fight your case as you have served the organization for two months. There is only one mistake on your end, that you have not served the notice period, which can be debated as the employer has not issued an appointment letter.

Thanks & Regards,
Charan