Hello sir,
I was working in a private company as a salesman. The company doesn't provide any offer letter or anything else that can be helpful to prove that a person is working there. I haven't signed any papers at the time of joining, so obviously, there will be no notice period. Now, as I have left the company, they denied to pay my last month's salary and allowance.
Please guide me on how I can get my salary and allowance and how to settle my account.
From India, Ahmedabad
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I was working in a private company as a salesman. The company doesn't provide any offer letter or anything else that can be helpful to prove that a person is working there. I haven't signed any papers at the time of joining, so obviously, there will be no notice period. Now, as I have left the company, they denied to pay my last month's salary and allowance.
Please guide me on how I can get my salary and allowance and how to settle my account.
From India, Ahmedabad
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Hi,
Though they have not issued a letter of contract, your attendance, business card, or ID card can be shown as proof of association with the company. You mentioned you left the company. Have you submitted a resignation letter? Have you given notice period... If your employer agreed to release you, they must settle the account, and it's mandatory. Issue a letter to your employer in simple language to release the salary or inform them you would approach Regional Labour if your request is not considered. Things will settle in your favor.
Regards,
Venkateesh
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3Though they have not issued a letter of contract, your attendance, business card, or ID card can be shown as proof of association with the company. You mentioned you left the company. Have you submitted a resignation letter? Have you given notice period... If your employer agreed to release you, they must settle the account, and it's mandatory. Issue a letter to your employer in simple language to release the salary or inform them you would approach Regional Labour if your request is not considered. Things will settle in your favor.
Regards,
Venkateesh
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Many companies do not provide appointment letters, but that does not necessarily take away your rights. As already pointed out by Mr. Venkatesh above, other documents like attendance registers, payslips, letters of authority, etc., can prove your employment.
Send a letter to your employer requesting the release of dues (outstanding salary and other dues). Send this letter via registered/speed post and keep a copy of the postal receipt, as well as details of online tracking. Give them a reasonable time (say two weeks) to clear the payment. If they do not comply, you can approach the labor commissioner or the appropriate authority based on the nature of your work.
From India, Kolkata
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Send a letter to your employer requesting the release of dues (outstanding salary and other dues). Send this letter via registered/speed post and keep a copy of the postal receipt, as well as details of online tracking. Give them a reasonable time (say two weeks) to clear the payment. If they do not comply, you can approach the labor commissioner or the appropriate authority based on the nature of your work.
From India, Kolkata
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Does your salary hold any sort of PF or ESI deductions.If yes then it is the proof for your employment.The letter needs to be sent through Speed post in order to have an proof of sending the letter.
From India, Kolkata
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From India, Kolkata
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Dear Mr. Udit,
I am writing assuming that you have worked sincerely for your employer up to the last day and, in spite of that, they do not wish to release wages. Please consider sending a simple letter to the Director of the company by Speed Post, requesting to instruct the payroll to release your salary for the number of days you have worked with them. If you were working as a counter salesman, they would have an attendance record, so there is no need to provide any extra documents. If you were a traveling salesman, providing copies of the Daily Call Report of the relevant month would suffice. Please cc a copy of this letter to the HR head. Mention in the letter that you do not want to take any legal action but are requesting them to resolve this amicably. Avoid using any harsh language.
Wishing you Good Luck!
From India, Mumbai
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I am writing assuming that you have worked sincerely for your employer up to the last day and, in spite of that, they do not wish to release wages. Please consider sending a simple letter to the Director of the company by Speed Post, requesting to instruct the payroll to release your salary for the number of days you have worked with them. If you were working as a counter salesman, they would have an attendance record, so there is no need to provide any extra documents. If you were a traveling salesman, providing copies of the Daily Call Report of the relevant month would suffice. Please cc a copy of this letter to the HR head. Mention in the letter that you do not want to take any legal action but are requesting them to resolve this amicably. Avoid using any harsh language.
Wishing you Good Luck!
From India, Mumbai
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Dear Venkatesh sir,
Thank you for your reply. I wanted to inform you that I have submitted my resignation letter, and at the time of resignation, the employer agreed to release me within the time I asked. However, at the time of settlement, he informed me that I will only be paid for three days.
As I am the only person in the family with the highest earnings (e.g., 10000), I really need this money.
Thank you.
From India, Ahmedabad
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Thank you for your reply. I wanted to inform you that I have submitted my resignation letter, and at the time of resignation, the employer agreed to release me within the time I asked. However, at the time of settlement, he informed me that I will only be paid for three days.
As I am the only person in the family with the highest earnings (e.g., 10000), I really need this money.
Thank you.
From India, Ahmedabad
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First, you have said you do not have a notice period, which means you did not serve a notice period. Then you say that you have resigned and they have accepted your last working day. I do not know which of the following is actually true.
Also, what is the reason given by the company for not clearing your last salary? If you do not provide the complete details, we will never be able to give you the correct answer.
From India, Mumbai
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Also, what is the reason given by the company for not clearing your last salary? If you do not provide the complete details, we will never be able to give you the correct answer.
From India, Mumbai
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I submitted my resignation letter on October 20th and informed my employer that I would be leaving on October 23rd. At that time, he did not inform me that I would have to serve a notice period. Additionally, he mentioned that he would release my salary on November 10th. However, during the account settlement, he stated that I would only be paid for three days (from October 21st to October 23rd) as I had only served a three-day notice period.
From India, Ahmedabad
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From India, Ahmedabad
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Hello Udit,
In the absence of an offer letter/appointment, though you can prove your employment, a verbally contracted employment agreement cannot legally stand if either the employer or employee backs off from the terms thereof.
Regarding your situation, have you been holding the salary slip, identity card, or the bank statement showing salary payment through a cheque? Has the employer deducted your TDS or EPF & ESI contributions? These pieces of evidence could help prove your employment. Additionally, try to approach a colleague who has worked with you and can speak in your favor. If all else fails, consider writing a letter requesting to be relieved of your duties. If this is ignored, you can approach your local labor commissioner who will take necessary steps accordingly.
Thanks & Regards,
V. Shakya
HR & Labour Law Advisor
From India, Agra
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In the absence of an offer letter/appointment, though you can prove your employment, a verbally contracted employment agreement cannot legally stand if either the employer or employee backs off from the terms thereof.
Regarding your situation, have you been holding the salary slip, identity card, or the bank statement showing salary payment through a cheque? Has the employer deducted your TDS or EPF & ESI contributions? These pieces of evidence could help prove your employment. Additionally, try to approach a colleague who has worked with you and can speak in your favor. If all else fails, consider writing a letter requesting to be relieved of your duties. If this is ignored, you can approach your local labor commissioner who will take necessary steps accordingly.
Thanks & Regards,
V. Shakya
HR & Labour Law Advisor
From India, Agra
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If he is paying you for the 3 days you worked, then what exactly is the problem? You said he is not paying for the previous month. So are you saying that he made an oral promise to pay the salary and then refused now? If it's an oral promise, then there is little you can do. But your failure/refusal to complete normal expected notice pay goes against you....
From India, Mumbai
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From India, Mumbai
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