Is It Fair for My Employer to Deduct Salary Without Providing an Offer Letter? What Should I Do?

Hello all, I have joined an LLP in the month of June. The employer is not providing me with an offer letter despite my repeated requests. Last month, I took 2 days off due to the flu and submitted my medical certificates. However, they still deducted 2 days' salary, stating that I need to serve a 6-month notice period before they can provide me with leave and an offer letter.

Next steps for dealing with salary deductions without an offer letter

Can anyone suggest the next steps I should take? I have read articles stating that a company without an offer letter has no right to deduct an employee's salary. Is this correct?

Dear Anonymous,

Every company will have different policies. You can check what they have discussed with you during your recruitment/joining/appointment letter. Some companies do not provide any leaves during the probation period, some provide only casual leave during the probation period, and some will not restrict providing leaves; it depends on the company's policy.

Firstly, they said that the company would provide leaves for sickness and during national festivals. Now, they are expecting work even on the weekend (Sunday).

Sick Leave During Probation

Generally, employees are allowed to take certain sick leaves during the probation period of six months. Normally, it is one day for every month. Annual leaves are annual and can only be taken after the completion of one year with the organization.

Leave Policy Variations

Taking leave during the probationary period totally depends on the organization. MNC companies allow you to take leave during the probationary period for emergencies. Maybe a few companies have restrictions and loss of pay. If your company's rule is not to take leave during probationary, then you are not supposed to take leave until they give permission. If they give permission against the rules, it will also result in loss of pay. The leave policy may differ from company to company, so check your company's leave policy and act accordingly.

Thanks...

Don't you realize that you joined an organization without having an appointment letter in hand? In my suggestion, it's better to leave this organization as soon as possible.

Who controls the "Leave Policy"?

Is it the Factories Act, the Shops and Establishment Act, or the factories/organizations themselves at their discretion? For over 70 years, the concept of social justice in providing leave has been in our thoughts. However, we are still struggling and debating this matter even in today's age. It's sad.

Many organizations, although there are exceptions, proactively do not issue appointment letters to avoid and shield themselves from the legal obligation to pay leaving employees/workers. Earning a livelihood remains a top priority for needy employees/workers/professionals who join organizations in good faith, only to be denied or exploited later.

The new wage code now mandates that employers issue appointment letters to all.