I have joined an Academic Organization last year, November 2013, but to date, I have not received any offer letter or appointment letter. Actually, I joined in a very critical situation as, at that time, I needed a job desperately to cover my parents' expenses and medicine. I joined with a monthly salary of Rs. 21,000 on the condition that I would take the organization to a higher level within a year. At that time, the organization was not facing a financial crisis, but within a year, it had 15 employees and adequate profits to cover its new office EMI of 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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Non issuance of 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. But it should be more important for the employer to ensure that appointment order which is the primary legal document defining the employee employer relationship is given to each and every employee and unfortunately many employers think it in different way.
Now coming to your issue, I would say that you have other means to establish that you worked with the establishment like, communications, attendance register etc. Therefore, you can handover what all assets are 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 and recover it. First thing to do is to submit resignation and see if the same will be accepted by the management. In the resignation you can state that you have been working as……since ……date. The acceptance of this resignation is a proof of you having worked in the institution. The rest of the things will follow in due course.
Madhu.T.K
From India, Kannur
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4768Now coming to your issue, I would say that you have other means to establish that you worked with the establishment like, communications, attendance register etc. Therefore, you can handover what all assets are 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 and recover it. First thing to do is to submit resignation and see if the same will be accepted by the management. In the resignation you can state that you have been working as……since ……date. The acceptance of this resignation is a proof of you having worked in the institution. The rest of the things will follow in due course.
Madhu.T.K
From India, Kannur
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