How Can I Claim My Last Month's Salary After Quitting Without an Appointment Letter?

I was working in a software firm. The company is run by two engineers. I am the only appointed staff, designated as a Programmer. One of the engineers is the Sr. Programmer. I was a fresher when I joined there and I worked there for 2.8 years.

Due to some unfavorable health conditions, I was absent from 22 Dec to 22 Jan and was undergoing treatment. On 22nd Jan, I decided to quit the job and approached them demanding an experience certificate.

They demanded a resignation letter, but I refused as they hadn’t issued any appointment letter. After some arguments, they agreed to send me the Experience Certificate by post. Last day, I received the Experience Certificate by registered post with acknowledgment, but they denied paying me the salary for the days I worked in December. I want to know how to deal with them to get my last salary, which I don’t want to lose. The company neither maintains an attendance register nor a pay slip. All payments were given by hand except for a few months, which were transferred to my bank account. Please help me get out of this ordeal.

Understanding the Situation

Suppose the entire version of the episode narrated by you is true. Perhaps both the promoters of the business venture prefer to be mere technocrats rather than law-abiding employers. Otherwise, they would not have insisted on your resignation letter when they did not issue any appointment orders at all. They might have been inadequately advised by someone that a resignation would be effective only when the resignee fulfills the notice conditions. That's why the denial of the salary for the last spell actually worked. Since the very appointment is unconditional, so must be the resignation.

Steps to Take

Send a notice to them to disburse your salary forthwith for the days you worked in the last month. Failing which, you will have to approach the Labor Officer for the area for recovery of the same.

Uma Sir,

Will the labor officer interfere with the case of a Programmer? Is he in the worker category? The gentleman may even have problems proving his employment period. His only proof of being an employee is an Experience certificate.

Dear Mr. Rao, IT and ITES establishments come under the respective State Shops and Establishments Act. Unless a job position is exclusively exempted, all other persons employed therein are considered employees under the Act. Since the questioner was employed as a programmer in the establishment, he also qualifies as a workman under the ID Act, 1947.

As you are aware, complaints of non-payment of salary, though they have different modes of remedies under the same ID Act as well as the Payment of Wages Act, 1936, are often settled mutually before the Labor Officers since it is quite informal, inexpensive, and less time-consuming. Crediting of salary for some months in his bank account and the experience certificate issued are sufficient proof of the poster's employment in the establishment.

The only case for not giving the salary would be the notice period. And what is the relieving date as per the experience letter.

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The only case for not giving the salary would be the notice period. Also, could you please confirm the relieving date as per the experience letter?

Dear Mr. Umakanthan Sir,

Kindly clarify if the word 'Notice' in #2 refers to a legal notice sent through an advocate or a personal one from my side in the matter concerned. If it's a personal one, please give me an idea about its format, if any. Please understand that my doubt is due to my lack of knowledge in such proceedings.