My friend worked for a pvt firm for 2 months and 25 days. she got 2 months salary but due to her health problem she could not continue her job. Firm has denied to pay the 25 days salary as she quit the job immediately pls.to be noted that she had not received the appointment order till she left the job.
can she claim for 25 days salary?. pl suggest.
From India, Hubli
can she claim for 25 days salary?. pl suggest.
From India, Hubli
Hi,
She can very well claim for the days she worked. They have no rights to hold salary for a single day.
1. Have they given offer letter before she joins ? if not, What proof or evidence that she has as an employee of that Company. Kindly ask her see whether she has ID card / Offer Letter / Salary slip for last two months / Bank statement if her salary was credited in her account etc to claim rest of the salary.
2. Company can not deny to pay any dues to the particular employees and they can not stop any employee leaving their organization without strong reason or without mentioning any clear clause on Notice period / Resignation etc in the appointment letter. company should also mention about Notice period Buyout clause in the appointment letter to help the people who can not serve the notice mentioned in the appointment letter.
3. In your case, company did not provide appointment letter and they did not talk about notice period etc. It is illegal if they hold her salary.
4. Ask her to talk to the HR of that company and demand for the same. if they are not accepting, let them know that you are going to take a legal and see the reaction of HR. If it is unfavorable, you can always take a legal call with the support of advocate. Don't think that what is the point in taking a legal call for 25 days salary, because you can claim much more than what they were suppose to pay as they denied and delayed in settling her dues.
Regards,
M.Kannan
From India, Madurai
159She can very well claim for the days she worked. They have no rights to hold salary for a single day.
1. Have they given offer letter before she joins ? if not, What proof or evidence that she has as an employee of that Company. Kindly ask her see whether she has ID card / Offer Letter / Salary slip for last two months / Bank statement if her salary was credited in her account etc to claim rest of the salary.
2. Company can not deny to pay any dues to the particular employees and they can not stop any employee leaving their organization without strong reason or without mentioning any clear clause on Notice period / Resignation etc in the appointment letter. company should also mention about Notice period Buyout clause in the appointment letter to help the people who can not serve the notice mentioned in the appointment letter.
3. In your case, company did not provide appointment letter and they did not talk about notice period etc. It is illegal if they hold her salary.
4. Ask her to talk to the HR of that company and demand for the same. if they are not accepting, let them know that you are going to take a legal and see the reaction of HR. If it is unfavorable, you can always take a legal call with the support of advocate. Don't think that what is the point in taking a legal call for 25 days salary, because you can claim much more than what they were suppose to pay as they denied and delayed in settling her dues.
Regards,
M.Kannan
From India, Madurai
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Worker employed for a short period-notional wages.docx
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