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Abhishek

Abhishek Shah  | Answer  |Ask -

HR Expert - Answered on Jan 07, 2024

Abhishek Shah is an experienced tech and HR leader. He has over 10 years of experience in helping create sustainable thriving businesses, leveraging technology and mentoring people. He founded Testlify, a talent assessment platform in 2022. He is passionate about helping founders build high-performing tech teams. ... more
Asked by Anonymous - Nov 21, 2023Hindi
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I joined one private limited company as manager. Company didn't issue me appointment letter. After one month, brother of director removed me without citing any reason. He is not on any position,just brother of director. The other director lady was present at that moment. She agreed verbally. Company didn't give me reliving letter. Two months before I was terminated verbally. Since then company has not given me salary till date. No phone pickup, no reply to what's app message. I told them that I will approach labour officer. The brother replied,do what ever you can. My salary was decided Rs. 1 lakh per month.

Ans: I’d suggest you move on in life as I don’t see an intent for them to pay and you do not have sufficient documentation in place. This is a lesson for life. In future, ensure necessary documentation is in place. Focus on finding a new job (if you still don’t have one). That would be better for the long term for you and family.
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Nayagam P

Nayagam P P  |4057 Answers  |Ask -

Career Counsellor - Answered on Aug 08, 2024

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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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