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Private Limited Company Not Giving Joining Letter: Can I Take Action?

Nayagam P P |4057 Answers |Ask -Follow

Career Counsellor - Answered on Aug 08, 2024

Nayagam is a certified career counsellor and the founder of EduJob360.
He started his career as an HR professional and has over 10 years of experience in tutoring and mentoring students from Classes 8 to 12, helping them choose the right stream, course and college/university.
He also counsels students on how to prepare for entrance exams for getting admission into reputed universities /colleges for their graduate/postgraduate courses.
He has guided both fresh graduates and experienced professionals on how to write a resume, how to prepare for job interviews and how to negotiate their salary when joining a new job.
Nayagam has published an eBook, Professional Resume Writing Without Googling.
He has a postgraduate degree in human resources from Bhartiya Vidya Bhavan, Delhi, a postgraduate diploma in labour law from Madras University, a postgraduate diploma in school counselling from Symbiosis, Pune, and a certification in child psychology from Counsel India.
He has also completed his master’s degree in career counselling from ICCC-Mindler and Counsel, India.
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Question by Kinu on Aug 04, 2024Hindi

Hello, sir is it any rule or act in india government that private limited company doesn't give me joining letter or confirmation latter since 8 month to take action against company? They didnt give me any letter and they terminated so it is possible to give action against company?

Ans: Kinu,

You have NOT mentioned (a) Nature of Industry/Company you worked with (b) what was your Designation/Your Nature of Work & (c) Why you were terminated/Reasons for Termination?

To move to Labour Court, you should have an Appointment Letter (or) Pay-Slips (or) Show-cause Notice (or) Termination Letter (or) any other Document Proof like PF/ESIC Account Number (if applicable to you) etc. to prove in the Labour Court that you had been working there for 8-months. If NOT, you cannot move to Labour Court.

My suggestion (based on my Experience & having worked in HR-Administration Department in Delhi/Muscat/Chennai) :

(a) It is better to move ahead with another job without moving to Labour Court against the Company.

(b) You can move to Labour Court if you have worked for more than 3-years and have incurred a heavy financial loss of PF (if not remitted by the Company to EPFO or Gratuity (if worked for 5-or-more years) or any other dues outstanding for more than a year.

(c) As you have worked just for 8-months, it is not at all good or advisable to move to labour court for your future.

(d) To the extent possible, avoid disputes with any Company you work with, why because, when you search for jobs with another company, most of the companies conduct 'Antecedent Verification' i.e. verifying about the candidates who have applied for the job in their company. They might call the HR Department/Current Reporting Seniors to know about the candidate and/or write mail to get their feedback.

(e) Let us assume, they do not conduct any 'Antecedent Verification' and you get offer from another company. The new employer will ask for copies of documents which might include your Appointment Letter, Copy of Latest Pay-Slips, Confirmation Letter, Relieving Letter, NO Dues Certificate etc. You will have to approach your current employer for some of the documents, especially Relieving Letter.

If you had not had good relationship with the Current Employer, it will be much difficult for you to get even a Relieving Letter from the past employer(s) & join a new company. Copy of which all documents will be demanded by new employer depends upon its HR Policy/Nature of Work.

(f) Also please note, if the new employer comes to know that you had moved to Labour Court against your past employer, current employer will start enquiring about the same from you and / or from your past employer. From then, problems will start for you from the current employer also which can be (some illustrative examples): Transferring you to some other department, Laying you Off, Withdrawing Increments/Bonus etc.

In future, when you join a new company, ask for an Appointment Letter (even if it is a small company).

I hope I have clarified your doubt(s).

All the BEST for Your Bright Future.

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