I joined the company, and after 3 hours, due to ill health, I left and did not go to the office for the next 6 days. I sent an email to the company about my unavailability with a request to discontinue from the job. I did not sign any offer letter. After 4 months, the company sent a letter asking me to pay an amount. What is the justification.
From India, Mumbai
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From India, Mumbai
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Since you have emailed and stated your inability to continue service, it proves your employment with the company even though you have not signed any offer letter. It will be deemed that you are/were an employee and bound by the terms (notice period) of appointment, even though in actual terms you have not received any. I presume that the company is asking you to pay the notice period since you have not served the notice period. Without seeing the email you sent and the company's letter (and other documents if any), it is difficult to advise. But if you do not give a proper reply from a legal point of view, you might be in trouble in the future.
From India, Kolkata
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247From India, Kolkata
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Unless the company signs any "employment contract" or gives an "offer letter," how can you establish it was an "employee/employer" relationship? Thus, no labor law applies. It could very well be a contractor or freelance arrangement.
In my previous company too, the company never gave any offer letter, agreement, or payslips. It seems it's a normal practice among employers in India.
From India, Kolkata
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In my previous company too, the company never gave any offer letter, agreement, or payslips. It seems it's a normal practice among employers in India.
From India, Kolkata
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Employer-Employee Relationship Without Documents
It is a common practice in India that millions of people work without any valid documents (like appointment letters, ID, ESI, PF, etc.) from the employer. However, as per the Apex Court, this does not mean that an employer-employee relationship does not exist between them. If there is no direct evidence of the relationship, then circumstantial evidence comes into play.
In the case of BSNB mentioned above, it is the company that sent him a letter to serve the notice period or pay the amount; hence, the question of an employer-employee relationship is established. Moreover, BSNB himself sent an email to the company expressing his inability to continue service.
Furthermore, many companies in India do not provide offer letters, appointments, payslips, etc., as a usual practice. However, this common practice does not make it either ethical or legal.
Regards
From India, Kolkata
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It is a common practice in India that millions of people work without any valid documents (like appointment letters, ID, ESI, PF, etc.) from the employer. However, as per the Apex Court, this does not mean that an employer-employee relationship does not exist between them. If there is no direct evidence of the relationship, then circumstantial evidence comes into play.
In the case of BSNB mentioned above, it is the company that sent him a letter to serve the notice period or pay the amount; hence, the question of an employer-employee relationship is established. Moreover, BSNB himself sent an email to the company expressing his inability to continue service.
Furthermore, many companies in India do not provide offer letters, appointments, payslips, etc., as a usual practice. However, this common practice does not make it either ethical or legal.
Regards
From India, Kolkata
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