Hi,
I was working as a operations executive for a company which ran an ecommerce website.
It was a really small company and i was reporting directly to the CEO. There was no HR dept or anything.
He never issued me a appointment letter, every time i asked for it he made a lame excuse.
i worked from 23 november 2015 to 22 july 2016.
On 8th july he gives me a call saying that we have to shut down the operations because we are not getting any investment. 22nd july was decided as the last day. So my salary for entire june and july is pending, Which is around 17K.
After the shut down i asked for salary for several weeks, and he kept saying that he will pay as soon as the remaining stocks in hand is sold.
And for the experience letter also he kept saying, that he will issue it soon.
But now he has stopped replying to me.
Please let me know what legal action action can we take against him ?
my first one month salary was paid by cheque and then it was paid by NEFT.
I was working as a operations executive for a company which ran an ecommerce website.
It was a really small company and i was reporting directly to the CEO. There was no HR dept or anything.
He never issued me a appointment letter, every time i asked for it he made a lame excuse.
i worked from 23 november 2015 to 22 july 2016.
On 8th july he gives me a call saying that we have to shut down the operations because we are not getting any investment. 22nd july was decided as the last day. So my salary for entire june and july is pending, Which is around 17K.
After the shut down i asked for salary for several weeks, and he kept saying that he will pay as soon as the remaining stocks in hand is sold.
And for the experience letter also he kept saying, that he will issue it soon.
But now he has stopped replying to me.
Please let me know what legal action action can we take against him ?
my first one month salary was paid by cheque and then it was paid by NEFT.
There is very little you can do in this case
other than learn not to work for a start-up.
Technically, you can file a case against him for your back-wages and termination benefits.
In reality, the cost of filing a case, lawyer fees and the time it would take to even get a hearing is far too long to make any sense.
You can go to the labour officer (government labor commissioner, authority under payment of wages act) but in the end, even that will not give much a result. specially if he (or the company) is broke
In these cases, if the person is dishonest or has bad intent, there is nothing you can actually do. Its better you move on and look for a better job.
The fact that you are not given an appointment letter does not affect your employment status. The fact you were paid by bank transfer is a good thing. it will form records you can give to your future employer to show that you were working at the specified salary.
From India, Mumbai
2392other than learn not to work for a start-up.
Technically, you can file a case against him for your back-wages and termination benefits.
In reality, the cost of filing a case, lawyer fees and the time it would take to even get a hearing is far too long to make any sense.
You can go to the labour officer (government labor commissioner, authority under payment of wages act) but in the end, even that will not give much a result. specially if he (or the company) is broke
In these cases, if the person is dishonest or has bad intent, there is nothing you can actually do. Its better you move on and look for a better job.
The fact that you are not given an appointment letter does not affect your employment status. The fact you were paid by bank transfer is a good thing. it will form records you can give to your future employer to show that you were working at the specified salary.
From India, Mumbai
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Relieving & Experience Letter.doc