I appointed a staff member but did not give him the appointment letter as he did not provide me with all his documents. After about 22 days, I asked him to leave since I was not able to bear his expenses, and the desired outcome from him was not to be seen. Can he claim that he needs one month's salary and that he should have been given one month's notice? Please note that there are no employment terms between us. Now he is threatening to drag me to court. Does he have any legal right as there is no documentation between us?
From India, Chandigarh
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From India, Chandigarh
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Hi, you claim you haven't issued an appointment letter as the employee failed to provide all documents. If this is the reason, why haven't you followed up for the required documents, and why was he allowed to continue for 22 days?
Just because the appointment letter is not issued, the employment relationship between the employer and employee does not vanish. You should have paid for the 22 days of work, right?
Is yours a proprietorship company or a private limited company? Being a short stint, I don't think there will be any major implications, but still, there are chances of that employee annoying you.
From India, Madras
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1015Just because the appointment letter is not issued, the employment relationship between the employer and employee does not vanish. You should have paid for the 22 days of work, right?
Is yours a proprietorship company or a private limited company? Being a short stint, I don't think there will be any major implications, but still, there are chances of that employee annoying you.
From India, Madras
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Dear Randhir Singh,
In normal circumstances, the newly appointed employee should have been given the letter of appointment within one or two working days. It is unprofessional to delay the issuance of the letter. However, in your case, this very unprofessional behavior has inadvertently worked to your advantage. According to the provisions of the Indian Contract Act, 1872, an appointment letter constitutes a contract between the employer and the employee. Since the contract has not been formally established, neither party is legally bound to continue the relationship, and either party can choose to terminate it at will.
Let us think the opposite. If the appointment letter had not been issued and the employee had stopped reporting for duties after twenty-two days, you as an employer would not have had any grounds to question their abandonment of employment.
As for the employee's threat to take legal action against you, you may disregard it. Before doing so, however, you may clarify your position and inquire under which specific law or act the employee intends to file the suit. Since you have not violated any laws, the question of a lawsuit does not arise.
As mentioned by Mr. VM Lakshminarayanan, the employee is entitled to receive their salary for the 22 days worked. It cannot be withheld on any grounds. However, they are not entitled to receive the payment in lieu of the notice period.
Thanks,
Dinesh Divekar
From India, Bangalore
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In normal circumstances, the newly appointed employee should have been given the letter of appointment within one or two working days. It is unprofessional to delay the issuance of the letter. However, in your case, this very unprofessional behavior has inadvertently worked to your advantage. According to the provisions of the Indian Contract Act, 1872, an appointment letter constitutes a contract between the employer and the employee. Since the contract has not been formally established, neither party is legally bound to continue the relationship, and either party can choose to terminate it at will.
Let us think the opposite. If the appointment letter had not been issued and the employee had stopped reporting for duties after twenty-two days, you as an employer would not have had any grounds to question their abandonment of employment.
As for the employee's threat to take legal action against you, you may disregard it. Before doing so, however, you may clarify your position and inquire under which specific law or act the employee intends to file the suit. Since you have not violated any laws, the question of a lawsuit does not arise.
As mentioned by Mr. VM Lakshminarayanan, the employee is entitled to receive their salary for the 22 days worked. It cannot be withheld on any grounds. However, they are not entitled to receive the payment in lieu of the notice period.
Thanks,
Dinesh Divekar
From India, Bangalore
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Appointment Letter.docx