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Hi All, I am working in a startup; it's been almost 3 months now. I am handling a lead position and managing a team of 5 people. However, my employer hasn't given me any kind of offer letter. Whenever I asked, they told me to give it some time. Recently, I took 4 days of leave without informing them directly; I only informed my colleagues. They have now sent me an email, questioning how I could take leave without permission.

I didn't inform them because there is no agreement between the employee and employer. Many of my colleagues have done the same thing. Despite being a senior and managing everything in their company, they have made such allegations, which are not acceptable.

I am seeking advice on how to address this situation and teach them a lesson.

From India, Kolkata
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nathrao
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"Now I took 4 days leave, without informing them directly; I only informed my colleagues.

Not taking permission from the employer for leave is irregular. Just because you do not have an appointment letter does not mean you can go on leave without official permission. You are at fault here.

"Suggest what to do to teach them a lesson."

You need to learn the lesson here, not the employer. Do not have this kind of attitude as it will be problematic in private employment."

From India, Pune
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NM
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Professional Conduct in Startups: A Balanced Approach

From a layman's point of view, both parties, the employer and the employee, have shown immaturity. The employer did not issue a proper appointment letter, so an employee at the level of Team Leader retaliates by taking leave without proper information.

Many startups do not necessarily run their businesses professionally. Now, whether to continue with them or not is your call. But then, what have you achieved by proceeding on leave without informing your employer?

If not many months have passed since you joined, then I recommend you quit the company. When an employer prefers not to issue the appointment letter, it suggests some unknown fear is lurking in his/her mind that in the event of needing to close the business entity, he/she should not be liable to pay for the notice period.

If the employer has not even issued the appointment letter, it speaks to how organized they are in their regular work activities. It requires luck to work in an organized company where systems and processes are well defined. I have doubts on this count.

Now, whether to continue in a startup or not is your call; nevertheless, I recommend you maintain a professional approach. Unprofessional behavior may give you the pleasure of scoring a point over the employer, but what matters is the development of a wrong habit. This is far more dangerous.

Thanks,

Dinesh Divekar

From India, Bangalore
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NM
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Employer Responsibilities and Employee Rights

It is the duty of the employer to issue offer letters. However, just because you don't have an appointment letter does not mean you are not their employee. As you have mentioned, they have emailed you regarding your absenteeism, which proves an employer-employee relationship.

Taking Leave Without Permission

If you have taken leave without permission and/or informing the authority, then you are at fault.

Requesting an Appointment Letter

If you want an appointment letter from your company, write to them and keep sending reminders occasionally.

For more information on labor law, check my blog at www.labourlawhub.com.

From India, Kolkata
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