I have been working in a private limited firm for a year now. When I asked them to provide me with a document that can confirm my employment there, they refused and started ignoring me. They are not giving a proper response to my request. It has been a year, and still, I do not have anything such as an appointment letter, salary slip, or any other documentation. Can I take legal action against them?
From India, Jaipur
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From India, Jaipur
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Understanding Your Employment Rights in India
What is your position in the company? What is the nature of the company and the strength of employees? How is the salary paid?
Many companies do not provide an appointment letter or a salary slip in India. However, that does not diminish your rights as an employee. You can attempt to obtain photocopies of the attendance register, salary register, any office memos, internal memos, and any letters of authority issued to you by the company, which can be used to prove your employment.
Steps to Obtain Proof of Employment
Legally, you can write a simple letter to the company stating that you have been working as [Your Position] with the company from [Start Date] and your last drawn salary was Rs [Amount] for the month of [Month]. You now require a salary slip for the month of [Month] for some reason (the reason is not crucial). Send this letter through speed/registered post. Keep the postal receipt as well as the online tracking report for future reference.
Allow the company to respond to you or ignore you initially. Afterward, you can proceed further legally.
From India, Kolkata
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247What is your position in the company? What is the nature of the company and the strength of employees? How is the salary paid?
Many companies do not provide an appointment letter or a salary slip in India. However, that does not diminish your rights as an employee. You can attempt to obtain photocopies of the attendance register, salary register, any office memos, internal memos, and any letters of authority issued to you by the company, which can be used to prove your employment.
Steps to Obtain Proof of Employment
Legally, you can write a simple letter to the company stating that you have been working as [Your Position] with the company from [Start Date] and your last drawn salary was Rs [Amount] for the month of [Month]. You now require a salary slip for the month of [Month] for some reason (the reason is not crucial). Send this letter through speed/registered post. Keep the postal receipt as well as the online tracking report for future reference.
Allow the company to respond to you or ignore you initially. Afterward, you can proceed further legally.
From India, Kolkata
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I think you can write a letter to the HR department and request an appointment letter. Don't be harsh because it is not required here. Instead, give them a reminder, then definitely they will provide the letter, as every company has a different point of view. So please try to maintain your company's policy. "anth bhala to sab bhala" so be polite.
From India, Mumbai
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From India, Mumbai
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You can write a letter to your company boss or department head (if it is a large organization) directly, instead of going through HR. Any letter addressed to top management will receive immediate attention and be resolved quickly. Give it a try, and you will receive the required response without delay!
From India, Ernakulam
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From India, Ernakulam
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You can mail 2 or 3 times after mail you have not received any reply from them then you can take legal action.
From India, Noida
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From India, Noida
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How do they pay your salary? Is it through cheque or NEFT? If paid by cheque or NEFT, the bank statement can serve as proof of your employment. If you are paid in cash, you will need other proofs such as an attendance/leave register copy. Additionally, you can inquire verbally and even discreetly record the conversation with HR/management personnel.
From India, Mumbai
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From India, Mumbai
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Legal Clarification on Negative Covenants in Employment Agreements.pdf