I joined an Academic Organization in November 2013, but to date, I have not received any offer letter or appointment letter. I joined in a very critical situation as I desperately needed a job to cover my parents' expenses and medicine. I accepted a monthly salary of Rs. 21,000 on the condition that I would help elevate the organization within a year. At that time, the organization was not facing a financial crisis, but within a year, it had grown to 15 employees and generated adequate profits to cover its new office EMI for a corporate suite.
Now, I have some medical issues and won't be able to go to the office. I have also not received my last month's salary, and it's already been two months. Consequently, I cannot cover my medical expenses, which is affecting my health, and I have not been able to attend the office for the last 10 days. When I demanded my last month's salary, they simply denied payment, stating that I must hand over the process before they release my payment. I also asked for my appointment letter and an appreciation letter, but they insisted on me handing over the tasks and responsibilities. They threatened legal action if I don't comply.
I have nothing significant to hand over except the corporate SIM card, which has been inactive for two months, a Facebook page, and a corporate email ID that has been changed by them. They also want me to demonstrate the processes I have been managing on my own. I used to receive Rs. 35,000 per month. The organization lacks any HR policies, including leave, PTAX, PF, ESI, or salary slips. I used to log attendance by punching the attendance machine.
I am requesting my last month's salary, appointment letter, appreciation letter, and a relieving letter. However, they are unwilling to provide these documents even if I hand over the remaining items. I asked them to email me regarding my salary, appointment, and relieving letter timelines, but they insisted on the handover first.
Please provide a solution as soon as possible.
From India, Kolkata
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Now, I have some medical issues and won't be able to go to the office. I have also not received my last month's salary, and it's already been two months. Consequently, I cannot cover my medical expenses, which is affecting my health, and I have not been able to attend the office for the last 10 days. When I demanded my last month's salary, they simply denied payment, stating that I must hand over the process before they release my payment. I also asked for my appointment letter and an appreciation letter, but they insisted on me handing over the tasks and responsibilities. They threatened legal action if I don't comply.
I have nothing significant to hand over except the corporate SIM card, which has been inactive for two months, a Facebook page, and a corporate email ID that has been changed by them. They also want me to demonstrate the processes I have been managing on my own. I used to receive Rs. 35,000 per month. The organization lacks any HR policies, including leave, PTAX, PF, ESI, or salary slips. I used to log attendance by punching the attendance machine.
I am requesting my last month's salary, appointment letter, appreciation letter, and a relieving letter. However, they are unwilling to provide these documents even if I hand over the remaining items. I asked them to email me regarding my salary, appointment, and relieving letter timelines, but they insisted on the handover first.
Please provide a solution as soon as possible.
From India, Kolkata
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Issuance of Appointment Orders: Legal and Practical Considerations
Non-issuance of an appointment order is not a crime under the present circumstances, though many states have initiated amendments in the Shops and Commercial Establishments Act (and also the Central's new Act called Small Factories Act) to incorporate it as a mandatory condition of hiring. However, it should be more important for the employer to ensure that an appointment order, which is the primary legal document defining the employee-employer relationship, is given to each and every employee. Unfortunately, many employers think differently.
Now, coming to your issue, I would say that you have other means to establish that you worked with the establishment, such as communications, attendance registers, etc. Therefore, you can hand over all the assets available with you and have a clean exit from the institution. If the management refuses to pay the unpaid salary and other dues, you can very well approach the Labour Department to recover it. The first thing to do is to submit your resignation and see if it will be accepted by the management. In the resignation, you can state that you have been working since [date]. The acceptance of this resignation is proof of you having worked in the institution. The rest of the things will follow in due course.
Regards,
Madhu.T.K
From India, Kannur
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4526Non-issuance of an appointment order is not a crime under the present circumstances, though many states have initiated amendments in the Shops and Commercial Establishments Act (and also the Central's new Act called Small Factories Act) to incorporate it as a mandatory condition of hiring. However, it should be more important for the employer to ensure that an appointment order, which is the primary legal document defining the employee-employer relationship, is given to each and every employee. Unfortunately, many employers think differently.
Now, coming to your issue, I would say that you have other means to establish that you worked with the establishment, such as communications, attendance registers, etc. Therefore, you can hand over all the assets available with you and have a clean exit from the institution. If the management refuses to pay the unpaid salary and other dues, you can very well approach the Labour Department to recover it. The first thing to do is to submit your resignation and see if it will be accepted by the management. In the resignation, you can state that you have been working since [date]. The acceptance of this resignation is proof of you having worked in the institution. The rest of the things will follow in due course.
Regards,
Madhu.T.K
From India, Kannur
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Appointment Letter to an Employee for fixed period.doc