Anonymous
I have been working at a private firm for 3 months now and I havent received my offer letter/appointment letter, id card and salary for no reason. I cannot continue any longer and am on the verge of resignation. Am I still be entitled to my salary lawfully? and can I take legal action against my employer if he refuses to do so?
From India, Mumbai
Mahr
477

Are you a fresher? What was the reason for you working in that company for the last 3 months? I don’t think there would be anyway for you to sue your present employer legally.
From India, Bangalore
clarkkent1961995
Yes I am a fresher, the marksheet of my final year has been misplaced by my college so I have to apply for a duplicate in the Mumbai university. My employer has stalled my appointment letter because I don't have that marksheet but I have submitted a letter from the college validating that I am a graduate and have attached the copy of merit list. It's been 3 months now and no salary, What should I do?
From India, Mumbai
SUMITDIPTA
Dear Superman Clark Kent
You can always obtain a duplicate copy of your marksheet if you are not concealing anything.
In my case also, I had lost all my my certificates. I joined a concern after procuring all the duplicates and made some affidavits.
Regarding working for 3 months, pl advise if you have signed attendance register? Or due you have your handwriting in any of their official papers? If yes. you can very well claim your salary as noone has authority to take service free of cost. The company will be caught under Section 420 under IPC. First take photo copies of all documents as proof. Then lodge a complaint to the Labour Commissioner of your locality. If no solution forthcoming, lodge an FIR under Section 420.
But first openly discuss the matter with the HRD and the boss of the company.

From India, Ahmedabad
SUMITDIPTA
You can very well take action. Lodge a complaint to the Labour Commissioner of your area. Go for FIR under Section 420 of IPC that you are forced to work without payment. Obtain all proofs of papers where your hand writing is available. This is a free country. Noone can take you for a ride. But first verbally talk to them. Give them in wrting then that when you shall be able to submit all your dup.cert. with affidavit. If they do not pay yr salary, then give notice regarding legal action. Then go to the Labour Officer and lodge FIR under Section 420. let police take action. Do not spend money on filing case.
From India, Ahmedabad
clarkkent1961995
Hi Sumitdipta
Thank you for the right guidance and advice. I have given my notice period and filed for resignation. I have spoken to my boss in person and told him about my decision as well as emailed my notice for the same, but I haven't received any confirmation saying that my resignation has been accepted. Should I ask for one or just confirm my last date at work with my boss.

From India, Mumbai
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