I have been selected in a company, and they are asking me to join from tomorrow. Salary and work time have been discussed on the 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 my salary will be. 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
Acknowledge(0)
Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Tawade007,
Job candidates are issued Offer Letters based on the suitability of their candidature. Why is the company wary of providing the offer letter? What is holding them back? There appears to be something more than meets the eye.
Another viewpoint is that perhaps the HR or the management of the company does not know the difference between an "Offer Letter" and an "Appointment Letter." The former is issued before the employee joins, and the latter is issued immediately on his/her joining. Why should it take them a month to issue an "Appointment Letter"?
You may take this as a signal of the unprofessional culture of that company. It appears that systems and processes are yet to stabilize in that company, notwithstanding the size of the company. Therefore, make a judicious call on whether to join or not. It is not even a question of a month's pay. There could be a whole lot of other problems that are invisible now.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
8219Job candidates are issued Offer Letters based on the suitability of their candidature. Why is the company wary of providing the offer letter? What is holding them back? There appears to be something more than meets the eye.
Another viewpoint is that perhaps the HR or the management of the company does not know the difference between an "Offer Letter" and an "Appointment Letter." The former is issued before the employee joins, and the latter is issued immediately on his/her joining. Why should it take them a month to issue an "Appointment Letter"?
You may take this as a signal of the unprofessional culture of that company. It appears that systems and processes are yet to stabilize in that company, notwithstanding the size of the company. Therefore, make a judicious call on whether to join or not. It is not even a question of a month's pay. There could be a whole lot of other problems that are invisible now.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
If you do not have any documents related to your appointment (e.g., offer letter, appointment letter, ID card, salary slip, salary bank account, etc.), you won't be able to prove your employment in case a dispute arises in the future. Since they are saying that they will issue everything after one month, which is totally unprofessional but not exactly illegal, you can take a risk. However, think twice before joining such an unprofessional company.
Check out my labor law blog at www.labourlawhub.com
From India, Kolkata
Acknowledge(0)Amend(0)
Check out my labor law blog at www.labourlawhub.com
From India, Kolkata
Acknowledge(0)Amend(0)
Dear Dinesh Devikar and Ritesh Maity,
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. He will also send me an email stating that I have been selected as a Business Development Associate in their company. However, he won't mention the salary breakdown in that email. The details will only be provided in the offer letter, which I will receive after a month.
Please advise me on the potential risks involved if I decide to join them.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
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. He will also send me an email stating that I have been selected as a Business Development Associate in their company. However, he won't mention the salary breakdown in that email. The details will only be provided in the offer letter, which I will receive after a month.
Please advise me on the potential risks involved if I decide to join them.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Tawade007,
Though I had clarified the difference between an offer letter and an appointment letter in your second post, you still seem to be confused between the two. Receiving an offer letter one month after joining holds no significance. What you should have received is the Appointment Letter. If the HR professional of that company used the term "Offer Letter," it indicates their ignorance of basic concepts.
For Ritesh Maity: I am not familiar with the regulations in other states, but the Karnataka Shops and Establishment Rules, 1963, require employers to issue Form 10 (Appointment Order) immediately upon an employee's joining. The format of this form is provided in the Appendix of these rules. While most companies do not issue this specific form (except for lower-level employees), a detailed appointment letter on the company's letterhead is typically provided. Therefore, it is also a legal obligation to issue the appointment order promptly, rather than leisurely after a month's time.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Though I had clarified the difference between an offer letter and an appointment letter in your second post, you still seem to be confused between the two. Receiving an offer letter one month after joining holds no significance. What you should have received is the Appointment Letter. If the HR professional of that company used the term "Offer Letter," it indicates their ignorance of basic concepts.
For Ritesh Maity: I am not familiar with the regulations in other states, but the Karnataka Shops and Establishment Rules, 1963, require employers to issue Form 10 (Appointment Order) immediately upon an employee's joining. The format of this form is provided in the Appendix of these rules. While most companies do not issue this specific form (except for lower-level employees), a detailed appointment letter on the company's letterhead is typically provided. Therefore, it is also a legal obligation to issue the appointment order promptly, rather than leisurely after a month's time.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Hi, if that company is saying that they will give you an offer letter or any document pertaining to your salary after one month, it's something fishy. Until and unless you have any proof, think about joining.
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Tawade,
Your worries are quite understandable. It does not take one month to issue an 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 the post, salary, allowances, etc. I would hesitate to join such unprofessional outfits.
From India, Pune
Acknowledge(0)Amend(0)
Your worries are quite understandable. It does not take one month to issue an 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 the post, salary, allowances, etc. I would hesitate to join such unprofessional outfits.
From India, Pune
Acknowledge(0)Amend(0)
Thank you so much guys for your help. I will suerly take some action against this. Today i will be going to the office to have a talk with them. Thank you once again
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
@Dinesh Divekar
The West Bengal S & E Act (since I am from Bengal) talks about the provisions of issuing an appointment letter in FORM X, which is in Rule 53. The employer can issue an appointment letter in FORM X instead of their own appointment letter with the prior approval of the state government. I think similar provisions are there in all state acts. The S & E does not differentiate between categories of employees; hence, if the act is applicable, then an appointment letter in FORM X has to be issued. Rule 53 prescribes that before the commencement of work, the appointment letter should be given.
However, for academic discussion, what happens if the appointment letter (either in FORM X or their own) is not issued? Does it mean or take away the right of the employee? In this regard, the Supreme Court has stated that even without an appointment letter, an employee's employment can be proved in other ways. Now, what if the establishment is not covered under the S & E Act? Are there any similar provisions in other Acts?
Please check my blog at www.labourlawhub.com
From India, Kolkata
Acknowledge(0)Amend(0)
The West Bengal S & E Act (since I am from Bengal) talks about the provisions of issuing an appointment letter in FORM X, which is in Rule 53. The employer can issue an appointment letter in FORM X instead of their own appointment letter with the prior approval of the state government. I think similar provisions are there in all state acts. The S & E does not differentiate between categories of employees; hence, if the act is applicable, then an appointment letter in FORM X has to be issued. Rule 53 prescribes that before the commencement of work, the appointment letter should be given.
However, for academic discussion, what happens if the appointment letter (either in FORM X or their own) is not issued? Does it mean or take away the right of the employee? In this regard, the Supreme Court has stated that even without an appointment letter, an employee's employment can be proved in other ways. Now, what if the establishment is not covered under the S & E Act? Are there any similar provisions in other Acts?
Please check my blog at www.labourlawhub.com
From India, Kolkata
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Offer letter.pdf
Sample Internship Offer Letter.doc
Offer acceptance letter.zip