Never Got Any Offer/Appointment Letter And Employer Refuses
Querist :
Anonymous
(Querist) 04 January 2016
This query is : Resolved
Hi,
I Joined A Company In September And I Never Received Any Offer/Appointment Letter From My Employer. There Was No Documentation At All.
I Was Unable To Continue My Job So I Just Called My Team Leader And Told Him The Same. I Couldn't Serve My Notice Period And Again There Was No Paperwork. They Marked Me Absconded.
I Walked Up To My Manager After Leaving The Company To Discuss My Salary Which My Employer Is Supposed To Pay And Their Excuses Are Mentioned Below-
1. You Didnt Serve Your Notice Period So You Might Have To Pay One Month Salary To Company.
2. You Won't Get Incentives.
Why Would I Pay One Month Salary To My Employer As They Never Gave Me Any Offer/Appointment Letter And I Never Agreed To Their Terms And Conditions?
Why Would They Not Give Me My Incentives since Documentation Never Took Place?
Thanks.
Kumar Doab
(Expert) 04 January 2016
Anonymous query, so no reply.
It is felt the same query has been discussed earlier.
Guest
(Expert) 04 January 2016
Anonymous persons should not expect to get anything, even the reply to the present query.
Moreover, your query does not provide even the bare facts and background, i.e., when did you join and on what basis or conditions, when you did not get any appointment letter even?
Do you expect the experts to presume when did you join, a day back, a month back, a year back or ten years back and what were the terms settled with you, by which authority on behalf of the company.
By the way who told you to join the company without getting any appointment letter with terms & conditions?
Querist :
Anonymous
(Querist) 04 January 2016
Thank you all for your time.
I'm Naveen and I joined that organization in Sep 2015 and I resigned on 26 Dec 2015 however it was not on paper. I kept on asking for my offer/appointment letter from my employer however they always gave excuses.
The day I joined the company they just said that I would get my offer/appointment letter. They never discussed terms and conditions with me.
Now I'm planning to take a legal action against them that's y I'm asking for some advise.
Thanks
Guest
(Expert) 04 January 2016
OK, serve them with legal notice, if you can prove anything against them, what you claim.
K.S.Srinivas
(Expert) 05 January 2016
NO reply to the anonymous query.
K.S.Srinivas
(Expert) 05 January 2016
Since you worked for some period and you might have got salary slips, it is a fit case for serving legal notice.
T. Kalaiselvan, Advocate
(Expert) 10 January 2016
Oral enquiry about the payment or incentives will not work out. You have to create record of whatever you have claimed as your right from your employer. Therefore you can send a legal demand notice to your employer seeking the arrears of salary as well as your incentives due from him. You may also quote that there was no condition in the employment offer hence their demand for one month notice is not existing in the employment rule when they offered you the employment.
Take the help of a local advocate to proceed further on this issue.
