I Have Been Selected In A Company. And They Are Asking Me To Join From Tomorrow, Salary And Work Time Is Discussed On Phone Only But They Are Saying They Will Give Me The Offer Letter After A Month. I Don't Have Any Proof Of Me Joining The Company And What Will Be My Salary. What If They Remove Me After A Month And Do Not Give Me My Pay As I Don't Have Any Proof...Is This Legal?
From India, Mumbai
From India, Mumbai
Dear Tawade007,
Job candidates are issued Offer Letter based on the suitability of their candidature. Why company is wary of providing the offer letter? What is holding them back? There appears to be something more than meets the eye.
Second viewpoint is that probably the HR or the management of the company does not know difference between "Offer Letter" and "Appointment Letter". Former is issued before the employee joins and latter is issued immediately on his/her joining. Why it should take them a month to issue "Appointment Letter"?
You may take this as signal of the unprofessional culture of that company. It appears that systems and processes are yet to stabilize in that company, notwithstanding the bigness of the company. Therefore, take a call judiciously on whether to join or not. It is not even a question of month's pay. There could be whole lot of other problems which are invisible now.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Job candidates are issued Offer Letter based on the suitability of their candidature. Why company is wary of providing the offer letter? What is holding them back? There appears to be something more than meets the eye.
Second viewpoint is that probably the HR or the management of the company does not know difference between "Offer Letter" and "Appointment Letter". Former is issued before the employee joins and latter is issued immediately on his/her joining. Why it should take them a month to issue "Appointment Letter"?
You may take this as signal of the unprofessional culture of that company. It appears that systems and processes are yet to stabilize in that company, notwithstanding the bigness of the company. Therefore, take a call judiciously on whether to join or not. It is not even a question of month's pay. There could be whole lot of other problems which are invisible now.
Thanks,
Dinesh Divekar
From India, Bangalore
If you do not have any documents related to your appointment e.g. offer letter, appointment, ID card, salary slip, Salary bank a/c, etc. you won't be able to prove your employment in case a dispute arises in future. Since they are saying that they will issue every thing after one month, which is totally unprofessional but not exactly illegal, you can take a risk.
However, think twice before joining such unprofessional company.
Check my labour law blog at www.labourlawhub.com
From India, Kolkata
However, think twice before joining such unprofessional company.
Check my labour law blog at www.labourlawhub.com
From India, Kolkata
DEAR DINESH DEVIKAR AND RITESHMAITY
thank you so much.
I had a talk with the HR he says he will issue my ID Card and create a new bank account. And send me a mail that i have been selected as a Business Development Associate in their company. but he wont mention the salary break up in that mail. It will only be on the offer letter which i will get only after a month.
please tell me the risks involved if i decide to join them.
From India, Mumbai
thank you so much.
I had a talk with the HR he says he will issue my ID Card and create a new bank account. And send me a mail that i have been selected as a Business Development Associate in their company. but he wont mention the salary break up in that mail. It will only be on the offer letter which i will get only after a month.
please tell me the risks involved if i decide to join them.
From India, Mumbai
Dear Tawade007,
Though I had clarified on difference between offer letter and appointment letter, in your second post also, you have confused between the two. Getting offer letter one month after joining carries no meaning. What needs to issued to you is Appointment Letter. If HR professional of that company has used the term "Offer Letter", then it speaks of his/her ignorance of the basic concepts.
For Ritesh Maity: - I do not know about other states but Karnataka Shops and Establishment Rules, 1963 mandates employers to issue Form 10 (Appointment Order) immediately after employee's joining. Format of this form is also given as Appendix of these rules. Practically no company issues this type of form (except for lowest level employees) but a detailed appointment letter is issued on company's letterhead. Therefore, legally also it is mandatory to issue the appointment order immediately and not leisurely after a month's time.
Thanks,
Dinesh Divekar
From India, Bangalore
Though I had clarified on difference between offer letter and appointment letter, in your second post also, you have confused between the two. Getting offer letter one month after joining carries no meaning. What needs to issued to you is Appointment Letter. If HR professional of that company has used the term "Offer Letter", then it speaks of his/her ignorance of the basic concepts.
For Ritesh Maity: - I do not know about other states but Karnataka Shops and Establishment Rules, 1963 mandates employers to issue Form 10 (Appointment Order) immediately after employee's joining. Format of this form is also given as Appendix of these rules. Practically no company issues this type of form (except for lowest level employees) but a detailed appointment letter is issued on company's letterhead. Therefore, legally also it is mandatory to issue the appointment order immediately and not leisurely after a month's time.
Thanks,
Dinesh Divekar
From India, Bangalore
Tawade,
Your worries are quite understandable.
It does not take one month to issue appointment letter.
If after one month,they say your work is not up to mark and ask you to leave there is no proof of what salary they promised.
Request them to give in writing their appointment order with full details of post,salary,allowances etc.
I would hesitate to join such unprofessional outfits.
From India, Pune
Your worries are quite understandable.
It does not take one month to issue appointment letter.
If after one month,they say your work is not up to mark and ask you to leave there is no proof of what salary they promised.
Request them to give in writing their appointment order with full details of post,salary,allowances etc.
I would hesitate to join such unprofessional outfits.
From India, Pune
@Dinesh Divekar
The West Bengal S & E Act (since I am from Bengal) talks about the provisions of issuing appointment letter in FORM X which is in the Rule 53. The employer can issue appointment letter in FORM X instead of their own appointment letter with prior approval of the state government. I think similar provisions are there in all states acts. The S & E does not differentiate between categories of employees hence if the act is applicable, then appointment letter in FORM X has to be issued. Rule 53 prescribes that before commencement of work the appointment letter should be given.
However, for academic discussion, what happens if appointment letter (either in FORM X or their own) is not issue? Does it mean or take away the right of the employee. In this regard the Supreme Court has stated that even without appointment letter and employee's employment can be proved in other ways. Now what if the establishment is not covered under the S& E Act? Is there any similar provisions in other Acts?
Please check my blog at www.labourlawhub.com
From India, Kolkata
The West Bengal S & E Act (since I am from Bengal) talks about the provisions of issuing appointment letter in FORM X which is in the Rule 53. The employer can issue appointment letter in FORM X instead of their own appointment letter with prior approval of the state government. I think similar provisions are there in all states acts. The S & E does not differentiate between categories of employees hence if the act is applicable, then appointment letter in FORM X has to be issued. Rule 53 prescribes that before commencement of work the appointment letter should be given.
However, for academic discussion, what happens if appointment letter (either in FORM X or their own) is not issue? Does it mean or take away the right of the employee. In this regard the Supreme Court has stated that even without appointment letter and employee's employment can be proved in other ways. Now what if the establishment is not covered under the S& E Act? Is there any similar provisions in other Acts?
Please check my blog at www.labourlawhub.com
From India, Kolkata
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