Employer did not pay Salary and PF Amount - what to do If the employee has not received any Appointment letter?

Dear Experts,

Greetings...

Employee requested leave on the 31st of January 2020 for 10 days starting from the 1st of February 2020 to be with her mother for a medical emergency. It was approved verbally on the 31st of January, but the Director requested an email confirmation. The employee sent an email for approval on the 1st of February but did not specify the number of days of leave. The employer did not respond to the email. Starting from the 1st of February, the employee was available for calls and remained in touch with team members to provide advice and work-related information. The organization paid salaries on the 10th of February 2020. All staff received their salaries except for the employee who was on leave. When inquired about this, the Director stated that the staff member needed to return to work before receiving salary.

After the employee's mother's operation, she informed the Director of her intention to return to work on the 14th of February 2020. The Director replied that she was not allowed to return. When the employee visited the office to discuss her salary, the Director mentioned that they assumed she had left without resigning, and therefore, she was not eligible for salary. The employee expressed her desire to continue and serve a one-month notice period, but the Director refused to allow her back.

The employee joined in May 2018. According to the offer letter, during the probation period, the employee was required to serve a one-month notice period. However, no formal Appointment letter was provided after the probation period ended. In January 2019, the Director verbally confirmed the employee's permanent appointment and salary hike.

If the employee did not receive an Appointment letter, how can her employment be bound by the offer letter's notice period clause? What legal remedies are available to ensure the employee receives pending salary and PF amount?

Thanks

From the details provided, the designation and nature of duties of the employee are not clear. Since you fall within the PF coverage and are presumed to fall within the category of 'workman' as per the Industrial Dispute Act 1947, you may send a notice stating the facts as mentioned above. You can request reinstatement in service or seek notice pay, leave salary, compensation for wrongful termination, etc. Make sure to endorse a copy to the local Labour Officer and initiate the process of adjudication.

@Amitabhdas

In the February 2020 issue, the post comes on board after 10 months. If the employer refuses to entertain, the employee has to file a complaint with the local Labor Commission. It doesn't matter if the formal appointment letter is available or not; the salary slips or bank credits are enough evidence to prove employment.

Please be rational and provide details of the measures taken by the employee regarding the issue, apart from this one failed meeting with the director. Both the shops and establishment office, as well as the factory department, have their own labor inspectors who address such matters at the primary stage. The employee needs to raise the issue on their table either by attending in person or through letter or email correspondence to resolve the issue.

One point not mentioned is that in the email sent, the employee asked for emergency leave or mentioned that he/she is unable to attend from ... This language difference may give an upper hand to the employer.

Now, collect your salary payment evidence and lodge a complaint with the labor department of the employer's jurisdiction. They will surely provide assistance to resolve the issue.

Thank you for your response @KKK!

The role was Project Coordinator, and the nature of the position was to oversee project-related work.

Thanks for your reply, @Glidor.

In the email sent, the employee asked for emergency leave. The organization did not provide any payslip.