You can threaten to resign if company does not give you appointment letter
you are not liable to serve any notice period
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Appointment letter not received from the employer
Dear Sir, I am working in a IT consulting firm from past 8 months. It's a small firm of 10 people. I have been constantly asking the team to give me an appointment letter every month since I have joined. But they ignore the request very conveniently say that "don't worry, we will give it to you." Also my monthly salary is credited in my account and the account statement shows the company name in the senders field. What should I do to ensure that the firm gives me an appointment letter at the earliest? Kindly advise.
Asked 4 years ago in Labour
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7 Answers
Thank you for your response sir. Is there any legal action or complaint that I can take if things get too far? Because I have proof of the salary coming from Company's account, so if they deny giving the appointment letter even after threatening to resign, can I take any legal action or can I lodge a complaint? Please explain in detail. Thanks.
Asked 4 years ago
Litigation in India is long drawn and expensive proposition
2) best option would be to look for another job and resign from organisation
You may inform the management in writing that without an appointment letter you may not be recognised as an employee of the company hence you may request them to furnish you the appointment letter immediately failing which you may decide about continuing with the employment or not.
The employment offer letter withe terms and conditions of employment would entitle you to claim your employment rights
In the absence of an appointment letter or employment offer letter, you cannot be treated as a confirmed employee of the firm, the company may term it as daily wages employee on an oral agreement and they may even terminate your employment even though they paid the salary directly to your bank account evidencing or recognizing your employment.
Therefore you may create a legal evidence by first sending a legal notice and then approach labor court with a case against the company if necessity arises.
Dear Sir,
1. You can approach the concerned grievance redressal body (if any) in your company as well as your HR Department. Provide them with the documentary proof of your joining & attendance. Make a written representation to the Managing Director / CEO of your company stating your financial hardships.
2. Filing a police complaint is not required as it will frustrate your objective. If your company teams as mentioned in the paragraph above fail to act on your representation then you can avail further legal advice and action, which comprises of sending them a Legal notice followed by filing a civil suit in case the notice does not get you the desired relief.
Thank You!
- Generally, 3 to 6 months are treated as probation period, and the company can keep on hold the appointment letter during this period.
- Since you have already completed the probation period , then the said company is bound to issue an appointment letter to you .
- You should sent the employer a written notice for issuing the same legally.
- If removed from the job , then you can take legal action against the employer.
First it's better to file and application and later send a legal notice to the said employer. If still not given then as per their reply to the legal notice further course can be decided. If you need any further assistance then you can approach me through LinkedIn.
