Frustrated with Missing Appointment Letter and Medical Card: Can I Take Legal Action?

Issue with Appointment Letter and Medical Card

I joined an organization in October 2017. They sent me a Letter of Intent via email as confirmation. In that letter, they provided the following information:

1) My Designation
2) Date of Joining
3) Salary Break Up

Nothing further is mentioned in that letter. They stated that a detailed appointment letter would be provided at the time of joining, along with the medical card.

It has been close to 4 months since my joining, and I have contacted my HR several times. I have also written to him via email stating that I haven't received my appointment letter or medical card to date. He always says he will issue the documents but mentions that he is busy with some work and avoids the question. I even tried to contact our MD to bring the issue to her attention but failed.

I just want to know, can I take legal steps against the HR in the labor court?

Have they given other employees an appointment order and medical cards?

It's not clear why they are refusing to issue this document. Have you informed your team leader or HOD about this issue? If so, what was their reaction?

Here is the reply to all your questions:

Have they given other employees appointment orders and medical cards?

Yes, all the other employees were provided offer letters and medical cards. Secondly, the email that was sent to me, along with the Letter of Intent provided to me, clearly mentioned that a detailed appointment letter would be given on the date of joining.

It is not clear why they are refusing to issue this document.

This is what I am also failing to understand—why they are not providing these essential documents, which are the right of an employee at the time of joining. Since I am selected for a sales profile, insecurity and doubt arise even more.

Have you informed your team leader or HOD about this issue? If so, what was their reaction?

Yes, I have informed them as well, but there has been no response. They always avoid these questions and say, "Focus on sales; these are small issues, don't waste your energy on such matters."

Now, please advise on what I should do.

Dear Karry Mudgal,

The particular HR is also an employee like you in the organization. The fact that even after four months since your joining, formal appointment orders have not been issued despite your personal reminders certainly indicates the lackadaisical approach of the HR Department of the organization. Being an employee of the organization, you cannot legally proceed against another employee. Instead, make a formal complaint to the Head-HR.

Dear Mr. Umakanthan53,

Sir, I totally agree with you that "HR is also an employee like you in the organization."

I have given several reminders to HR via email and kept the HR Head in the loop, but there has been no action or reaction to that email. So, I just want to understand if legal steps can be taken against the company.

Since there is no response to your emails to the concerned HR and the HoD, it might be that they still want to see your performance, as you are in sales, without saying so before issuing the formal appointment letter, though it is not right. Chances of fighting legally and staying in the same company, especially in a private company, are next to impossible. You may try to look for alternatives, and once it clicks, inform the HR of the present company of your intention to quit and the reason in clear and unambiguous terms. It may not help you much, but it may help them in dealing better with other new employees in the future.

Dear Karry Mudgal, a) I reiterate that you cannot proceed individually against the HR or the HOD-HR for the alleged lapse, but you can do so against the organization for the alleged breach of the contract of employment. However, that would be an unnecessary exercise in my opinion for two important reasons, namely: (1) your relationship with the employer becomes strained, and (2) by securing forced compliance from the employer, you are converting a hitherto unconditional contract of employment into that of a conditional one, which can affect your interests adversely later.

b) I may be right or wrong to presume an adverse inference from your continued insistence on escalating the issue to the level of litigation. It seems that you have developed a sense of non-belongingness as you suspect a delay in the issuance of formal appointment orders even after 4 months since your joining, and you may have already decided to quit by creating some commotion. However, I don't think that is necessary. If a better opportunity is available, you can simply resign without any conditions, as no mention of unilateral exit is made in the letter of intent. Nevertheless, I acknowledge that only the wearer knows where the shoe pinches.

Please let me know if you need any further clarification or assistance.

Kind regards

Really, if you are working in the same organization, it doesn't help in legal matters. You can schedule a conference call with all involved parties or arrange for HR to meet with the CEO. If the CEO or Head of the organization is near HR, you can also approach them to address any questions.

It's advisable to save your emails, as they may be useful in the future for legal proceedings.