Dear Seniors,
8 months ago, I worked in an HR consulting firm where I worked for 10 months. They didn't pay my salary (4 months' salary pending) due to very low turnover in the business, so I quit the company. When quitting, they promised to pay my salary within a month, but until now, they haven't. They didn't provide an offer letter or a relieving letter. The only proof I have is that they created an official email ID in my name and printed a business card with my name on it. With this proof, can I take legal action against them? I would appreciate your suggestions.
Thanks
From India, Coimbatore
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8 months ago, I worked in an HR consulting firm where I worked for 10 months. They didn't pay my salary (4 months' salary pending) due to very low turnover in the business, so I quit the company. When quitting, they promised to pay my salary within a month, but until now, they haven't. They didn't provide an offer letter or a relieving letter. The only proof I have is that they created an official email ID in my name and printed a business card with my name on it. With this proof, can I take legal action against them? I would appreciate your suggestions.
Thanks
From India, Coimbatore
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Dear Ebinezar,
The company didn't give you any documents, and the only proof you have is the company email ID and the business card. Why didn't you collect your docs? They might have disabled your email ID by now, and a business card alone cannot prove that it was given by them. They may claim that they haven't issued it. It is not an easy thing to go against them legally with the limited proofs that you have. You have only one option left. Instead of taking legal action, try to talk to your old company and solve the issue, or else just forget and move on with the new opportunity.
Thanks & Regards,
Srilakshmi Korukonda
From India, Hyderabad
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28The company didn't give you any documents, and the only proof you have is the company email ID and the business card. Why didn't you collect your docs? They might have disabled your email ID by now, and a business card alone cannot prove that it was given by them. They may claim that they haven't issued it. It is not an easy thing to go against them legally with the limited proofs that you have. You have only one option left. Instead of taking legal action, try to talk to your old company and solve the issue, or else just forget and move on with the new opportunity.
Thanks & Regards,
Srilakshmi Korukonda
From India, Hyderabad
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Hi Srilakshmi, Thanks for the reply. I have few mails which i have forwarded to my personal mail from the official mail id. So is this proof is enough?
From India, Coimbatore
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From India, Coimbatore
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Hi Ebinezar, I don’t think it may help you much. But, lets take the opinion of other senior members also. Regards, Srilakshmi korukonda
From India, Hyderabad
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From India, Hyderabad
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Email IDs and business cards may not be helpful to you because the email IDs will be disabled once you quit the company. Even in my organization, within 15 minutes of their relieving, the IDs will be blocked, and business cards cannot prove that you have worked with them.
Please solve the issue with a compromising way.
From India, Hyderabad
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Please solve the issue with a compromising way.
From India, Hyderabad
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In India, the protection is meant only for workers who fall under the Indian Factory Act.
In a management position, an employee is at a disadvantage even if he is thrown out of the company without any reason. You will not find any case in which an employee in a management position has won any case in any court in India against his employer on these grounds. Actually, a management employee is at the mercy of his employer. It is only the ethics and the governance policies of private companies that cater to employees' rights.
Praveen Srivastava
From India, Pune
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In a management position, an employee is at a disadvantage even if he is thrown out of the company without any reason. You will not find any case in which an employee in a management position has won any case in any court in India against his employer on these grounds. Actually, a management employee is at the mercy of his employer. It is only the ethics and the governance policies of private companies that cater to employees' rights.
Praveen Srivastava
From India, Pune
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First, neither emails claimed to be sent from an official ID nor business card will help, except as supporting circumstantial evidence. The main evidence needs to be elsewhere. The employer can claim that the ID was spoofed and fake, so that does not help either.
Meanwhile, the company didn't pay you because they didn't have money. What makes you think they will be able to pay you now? It is likely to end up being more of a time waste. Instead, focus on your next job.
From India, Mumbai
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Meanwhile, the company didn't pay you because they didn't have money. What makes you think they will be able to pay you now? It is likely to end up being more of a time waste. Instead, focus on your next job.
From India, Mumbai
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