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Sahil Seth (Manager)     15 October 2011

Can employees threat to sue company with offer letter

Can an employee sue a company for non - payment of salary on behalf of just an offer letter.

Regards



Learning

 7 Replies

Kumar Doab (FIN)     16 October 2011

The usual process is:

-Company conducts the interviews and an offer by offer letter containing bried descripttion of designation location division and remuneration , is made to selected candidates and a time period is mentioned up to which offer is open for the candidate to confirm the acceptance of offer and join the company.

-After the acceptance of the offer candidate is inducted in to the organization and appointment letter is issued.

This is HR process and preparation and issuance of appointment letter may take some time, say 7 days. However if the time taken is unreasonable employee should raise a demand.

If the employee has accepted the offer and has worked for the organization without the issuance of offer letter employee is eligible to get the salary/earned wages.

You should first approach the good offices of your appointing authority, MD, Head-HR, Company Secretary to get your earned wages. If the good offices do not provide relief, you have exhausted this option as a good employee and thus you can issue a notice (which you can also send), legal notice thru your advocate, and/or approach the o/o Labor commissioner, wages inspector, or civil court.

Your lawyer can help you to decide on the forum top be approached as per your designation nature of duties.

1 Like

Sahil Seth (Manager)     16 October 2011

Thanks for reply

In my case , i got offer letter on 1st July 2011 , i worked till 30 july and left the job on verbal notice. Company said that they will pay the salary on 10th August 2011. No salary was paid. i went to compnay's office and it was closed.I searched on internet and found they have moved to a new location. So i went to labour union and sent them the notice on 29th September 2011. No reply came . Then i went to Labour court and sent them a notice of appearence dated 10th Octobr 2011 . Still no one came. i am confused what to do now . I do have contact details and Address of the HR who hired me and did sent CC of all these letter to him as well.

My question is

  • What should be my next step
  • Can i take legal action against them by just showing offer letter with 10000 salary
  • will sending letter and legal notices to that HR person address make any sense.
  • Shall i just leave the headache and find a new job.

Thanks

Kumar Doab (FIN)     16 October 2011

You should have submitted formal notice of resignation under acknowledgment. Company can claim notice pay. Company can claim you have been absconding. If the company informed you that they are moving to new address and shall inform you the date on which you should report at new address you can include that in your representation. If you have new address and address of HR then you can supply the same to labor court and union. You shall have to trace them if you want your dues. Company has to inform all concerned authorities before shifting to new address. O/o Labor commissioner might have received the intimation of shifting to new address and they can guide you to the concerned official who might have processed the change of address.

 

Vijayarajan (Executive Director)     17 October 2011

You may file a petetion under sec 33 C (2) before the Labour court. They can decide the case. If the mgt. is absent they will give you an exparte order which can be executed.

Kumar Doab (FIN)     17 October 2011

Kindly follow the advice of learned Mr. VIjayrajan and act, as ap.

SURESH GODBOLE (ADVOCATE)     27 October 2011

Question is not of Offer Letter .

                              The Question is of Appointment Letter . Whether that was issued or not .


                             Secondly to Leave a job instantly , one has to pay 3 months Salary before leaving .

 

                             Also was it a regular , temporary , Contract basis appointment . Verbal resignation is nothing but surrendering ALL CLAIMS .

 

                            In my opinion NO CASE MADE OUT , REST UP TO YOU .

Kirti Kar Tripathi (lawyer)     17 November 2011

If your nature of job was of workman, follow the Mr. Vijayarajan advice and file application under 33-C(2) of the Industrial Disputes Act in the Labour Court claiming your salary. This is the best option.


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