can anyone guide me,, when company has not issued me appointment letter and they only send me mail for offer letter and i worked with company two and half month they credited my salary into my bank for two months and after i resigned, now they dont want to pay me for 7 days i worked by saying i have to notice them for one month, but i am thinking.....i have not signed any letter where this thing of notice period was mentioned like appointment letter then they shud pay me....i have all conversation in my personal mail which they correspond me from professional mail and i also had my own professional mail id too.........please sugeest me.
From India, Jalandhar
From India, Jalandhar
When you did not sign any letter of appointment stipulating notice period, the company is not entitled to insist on it. You are entitled to wages for the period you worked for the company.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
54B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
You can always ask them for employee manual or handbook where the terms of resignation is written.
If they do not have anything in written form or have not conveyed you in the mails they send, then you can take actions.
But first check the legal documents of the company.
regards
Anuradha
MINDSHARE HR Consultancy Private Limited
From India, Delhi
If they do not have anything in written form or have not conveyed you in the mails they send, then you can take actions.
But first check the legal documents of the company.
regards
Anuradha
MINDSHARE HR Consultancy Private Limited
From India, Delhi
.............. they have not given any employee manual and secondly i have not signed appointment letter mentioning notice period.
From India, Jalandhar
From India, Jalandhar
Appointment letter is authenticated when u sign it , showing you concern on the mutual agreement.
You may check the hr manual of your company , or the employee handbook about notice period rules and rgulation.
when your HR have said , then there must be a hr manual for employees, you should have verified it , as appointment letter doesnot contain all the rules and regulation of the company , for which a separate emloyee handbook is being given , which is in accordance with the Model standing Order of your company.
From India, Calcutta
You may check the hr manual of your company , or the employee handbook about notice period rules and rgulation.
when your HR have said , then there must be a hr manual for employees, you should have verified it , as appointment letter doesnot contain all the rules and regulation of the company , for which a separate emloyee handbook is being given , which is in accordance with the Model standing Order of your company.
From India, Calcutta
..........thanx for ur reply, here i have attached conversation mail between me and my seniors and also with HR. I ALSO attached in it the offer letter they send to me, i only received this offer letter and no any hard copy of appointment letter or something like which would mentioning notice period.............please suggest what action should i take against them............waiting ur reply.......pls see attached file too.
From India, Jalandhar
From India, Jalandhar
......thanx for ur reply, here i have attached conversation mail between me and my seniors and also with HR. I ALSO attached in it the offer letter they send to me, i only received this offer letter and no any hard copy of appointment letter or something like which would mentioning notice period.............please suggest what action should i take against them............waiting ur reply.......pls see attached file too.
From India, Jalandhar
From India, Jalandhar
We are living in a digital age where in days to come, there will not be any paper Offer Letter or Appointment Letter (Already many companies have begin to move towards paperless office). Employee Handbook is part and parcel of employee appointment and their conduct with the employee. It is a basic premise of every communication within the company. I am not sure if you have read the Employee Handbook or the Employee Policy Manual of the Company. In this case, ignorance is not an excuse.
From India, Mumbai
From India, Mumbai
This is only in the nature of an offer letter since it requires you to bring your photos and relevant documents at the time of joining. However this offer letter als requires you to understand ceratin terms and conditions of the company there by implying that there are ceratin certain terms and conditions of service.Unless such terms and conditions are in public domain like being on dispaly on their web site, if any or being put on the notice board, it is the company's responsibility in the first palce to provide you with the manual or copy of such terms and conditions since such manual or document is in company's custody.It is not for you to dig them out from their cup-boards.Trust this will calrify your stand.
B.Saikumar
HR & Laour Law Advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Laour Law Advisor
Mumbai
From India, Mumbai
I can only refer to the circumstances under which you can assert your right to any claim or dues. The facts are known to you only. For example, if such terms and conditions are dispayed on the web site or displayed on the notice board or you are required to approach HR and ask for a copy of it and you did not do so, you cannot say now, that you are not aware of any stipulation pertaining to resignation. If all these circumstance are not there, you can say that the company can not insist on it now.
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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