Appointment letter
Guest
(Querist) 21 May 2012
This query is : Resolved
Suppose an employer does not issue any appointment letter, does not maintain any attendance register and also does not issue any pay slip but pays salary in cash / cheque. What is the remedy available to the employee, if his service is subsequently suddenly terminated by the said employer. How in such a situation , employee can proof his sertvice record in that organisation to his new employer and how he can fight before a court of law?
A.K.Maitra
venkatesh Rao
(Expert) 22 May 2012
Heaven only can help. You dont have legal remedy.
Amit Pateria
(Expert) 23 May 2012
Well.
To fight a case in the Court of Law one need to establish certain facts giving rise to the relief claimed for. In this case the very basic of the litigation would be the existence of employer-employee relationship, and the burden to prove that there ever existed any such relationship lies upon the person who has approached the Court for a relief. So, try and find out all the relevant documents, witnesses, etc. who can support the claim. In the absence of which one has to assume/ suppose that he never worked in that organisation.
Guest
(Querist) 23 May 2012
Dear Shri Amit Pateria Ji,
Thanks for your kind advice.I fully agree with your views.This is a practice being followed by many private employers,who exploit the innocent employees and is an example of unfair trade practice.
Regards,
C.A.,C.S.A.K.Maitra
M V Gupta
(Expert) 23 May 2012
When they pay u cash or cheque they should be obtaining receipt from u on the voucher,what does the voucher state reg nature of payment.This may be a useful piece of evidence to prove ur employment if the voucher states that the payemnt ismade towards ur wages.
