Anonymous
So i joined this company a month back they took my interview and sent an offer by mailing it just a written text on email with ctc disclosure , they didnt formulated any prefect offer letter on letter head where i have signed and accepted and they have sent me with proper company seal . So after joining the company i still didnt get any offer letter as they told me that candidates would leave the company by negotiating with other company so they didnt provide me offer letter and similarly it went one month and i didnt receive my appointment and now they are telling me that i need to adher the rules and regulations of the policy ? can they take any legal actions against me when they didnt provide any offer or appointment letter although they have given one month salary by cheque does this i m the employee of that company . please reply as soon as possible .Thanks in advance
From India, Mumbai
riteshmaity
243

Many companies in India do not give offer/ appointment letters. But that does not necessarily mean that there does not exist any employer-employee relationship. Employment can be proved by substantial evidences too.
Payment of salary through cheque is a good document to prove your employment.
There is no bar in taking legal action against you even when appointment letter is not given.

From India, Kolkata
Anonymous
but this is not right when your employee is not happy. You cant force some one to work if someone is not satisfied right!! I left the organisation days back and now they are saying me to adher to policy !! why should i when nothing was done in written ,my salary slip doesnt contain my designation aand you do issue salary cheque to contractual worker too. how you can prove i was a permanent employee.
From India, Mumbai
Shrikant_pra
264

Under the Information Technology Act, 2000 any electronically transmitted or stored document is legal entity.
What is the content of your mail? Only CTC? If there are no terms & conditions mentioned in the said mail, then it can't be termed as emailed appointment letter.

From India, Mumbai
dilgeetha_2105
Hi
I need help on NPS, Employer contribution on behalf of employee 80CCD2 this is part of CTC or it can been show as deduction. whether it will effect ESIC & Minimum wage if we include this as part of CTC.

From India, Bangalore
psdhingra
387

Mr./Ms. Anonymous, whosoever you are,

Your question is not only strange, but also vague, when you ask, "can they take any legal actions against me when they didnt provide any offer or appointment letter although they have given one month salary by cheque does this i m the employee of that company . please reply as soon as possible."

You have talked about offer by email, signed by your, sent you back with company seal, they have given you one month salary, but you have not stated, what exactly is your problem and for what action of yours, you are expecting any legal action that too only after one month of your non-receipt of any appointment letter?

By the way, what do you mean to convey, "as they told me that candidates would leave the company by negotiating with other company?" The question arises, what for they paid you one month salary, whether for your working in the company or in lieu of notice period?

Do they want that all the employees should resign?

You must clear these issues if you want some suitable solution to your problem.

From India, Delhi
saswatabanerjee
2395

Interesting how people put incomplete posts, hide part of the information and expect they will get answers from the forum matching with their view
Now that you disclosed you resigned, the matter appears in perspective.
Yes the company can take legal action against you for leaving without notice. It does not matter if they have given you an appointment letter as long as they can show you knew there was rules and didn't ask for it. Specially for things already stated in standing orders and rules

From India, Mumbai
riteshmaity
243

You cannot just 'leave' the company at your whims if you are not 'happy' or 'satisfied'. Similarly, the company cannot terminate the service of an employee even if the are not 'happy' or 'satisfied'.
There are laws and procedures which both parties need to follow.

From India, Kolkata
a1.kumar@outlook.com
i was given a offer letter by company called Infinity labs.through a company called Radartechnnosoft,
i had to join on april 20,2015, when the joining time came near i enquired Radartechnosoft told to enquire to infinity labs , when infinity labs was contacted there Head HR told they have stopped the recruitment on 7th April 2015 & told to talk to Radartechnosoft they have already told them
both the companies were just shoving of their responsebilities.

i received their offer letter on 20th march and accepted and returned them , i gave a N.P of 30 days to my present company meanwhile in that period i use to get telephonic calls from Radartechnosoft when you are joining , as i has resigned from the present company , i was jobless because these two companies fooled me none of these companies ever responded .

As i am not so financially strong , I want to know how can i give them a legal notice, because i was jobless for a while. how can i pursue them legally as one company is in Pune and other company is in Banglore.

I would be highly thankful for help, and everyone should know what these type of companies do .

From India, Lucknow
a1.kumar@outlook.com
To RiteshMaity -> Sir, i applied for resignation only when i got the offer letter and gone through their letter i gave the notice period to the company .
To Saswat Banerjee--> Sir i gave the NOTICE PERIOD of 30 days according to Company policy
my simple question is that why companies fool people when they don't have recruitment why the raise offer letter and send .
what action can be taken so no other people should be victim of this.

From India, Lucknow
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