Hello, I had not accepted the offer letter but had signed a T&C letter. Worked for half a month and resigned. Employer denied pay. Am I entitled to any salary?
From India, Bengaluru
1From India, Bengaluru
As per the industrial disputes act 1947, Employee can claim wages for the period they actually worked but if company have policy to claim money by employees only if employee give notice period and worked
From India, Bengaluru
From India, Bengaluru
but as per policies and procedures an employee had to serve notice period only if he resignes after 2 months. so i guess i need not serve any notice period since i resigned in mid month.
From India, Bengaluru
From India, Bengaluru
Hi,
Whether you are entitled to any salary for the period you worked depends on several factors, including the terms outlined in the T&C letter you signed, labour laws, and the specific circumstances of your employment. Generally, here are some points to consider:
Employment Agreement: If the T&C letter you signed constitutes a binding employment agreement, then the terms of that agreement will typically dictate your entitlement to pay. If you worked during that period, you are usually entitled to be paid for the work you performed.
Labour Laws: Labour laws often require employers to pay employees for all hours worked, regardless of whether a formal offer letter was signed. Check the labor laws in your jurisdiction to understand your rights better.
Resignation Terms: If the T&C letter or any other document you received outlines specific terms regarding resignation and notice periods, those terms may affect your entitlement to pay. For instance, if there was a stipulated notice period and you did not adhere to it, the employer might argue that they are not obligated to pay you for the days worked.
Proof of Work: Ensure you have evidence of the work performed, such as emails, work logs, or communication with your employer. This documentation can support your claim for unpaid wages.
Steps to Take
Review Documents: Carefully review the T&C letter and any other correspondence or documentation related to your employment and resignation.
Labour Laws: Look up the labour laws applicable in your jurisdiction to understand your rights.
Contact Employer: Communicate with your employer, providing evidence of the work you performed and requesting payment for that period.
Seek Legal Advice: If your employer refuses to pay, consider seeking advice from a labor attorney or a relevant labour authority to understand your options for recourse.
From India, Bangalore
Whether you are entitled to any salary for the period you worked depends on several factors, including the terms outlined in the T&C letter you signed, labour laws, and the specific circumstances of your employment. Generally, here are some points to consider:
Employment Agreement: If the T&C letter you signed constitutes a binding employment agreement, then the terms of that agreement will typically dictate your entitlement to pay. If you worked during that period, you are usually entitled to be paid for the work you performed.
Labour Laws: Labour laws often require employers to pay employees for all hours worked, regardless of whether a formal offer letter was signed. Check the labor laws in your jurisdiction to understand your rights better.
Resignation Terms: If the T&C letter or any other document you received outlines specific terms regarding resignation and notice periods, those terms may affect your entitlement to pay. For instance, if there was a stipulated notice period and you did not adhere to it, the employer might argue that they are not obligated to pay you for the days worked.
Proof of Work: Ensure you have evidence of the work performed, such as emails, work logs, or communication with your employer. This documentation can support your claim for unpaid wages.
Steps to Take
Review Documents: Carefully review the T&C letter and any other correspondence or documentation related to your employment and resignation.
Labour Laws: Look up the labour laws applicable in your jurisdiction to understand your rights.
Contact Employer: Communicate with your employer, providing evidence of the work you performed and requesting payment for that period.
Seek Legal Advice: If your employer refuses to pay, consider seeking advice from a labor attorney or a relevant labour authority to understand your options for recourse.
From India, Bangalore
Hi, As you have signed the Terms and conditions letter, the obligation is lying with you to meet the Terms and conditions clauses.
From India, Bengaluru
From India, Bengaluru
whether you accept the offer letter or not is immaterial
You have signed the terms and conditions, which means you have accepted the employment.
The employer is entitled to recover notice pay, which they can adjust against the salary due to you.
Rest, it depends on the terms you accepted and perhaps the standing orders of the company
From India, Mumbai
You have signed the terms and conditions, which means you have accepted the employment.
The employer is entitled to recover notice pay, which they can adjust against the salary due to you.
Rest, it depends on the terms you accepted and perhaps the standing orders of the company
From India, Mumbai
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