How the company was paying salary to you, bank transfer in salary a/c, cheque..?
The employee should not join employer who does not issue appointment letter, salary slip, does not provide any statutory benefits like Gratuity, PF………and employee should avoid unscrupulous employers.
What is your establishment a Factory, commercial establishment etc…?
Even if does not issue appointment letter it has to register and display the registration certificate at entrance. You may check.
If it is covered under SE Act, then it should issue appointment letter. The salary/pay slip should be signed by both employer/employee.
SE Act Delhi:
19. TIME AND CONDITIONS OF PAYMENT OF WAGES.
21. CLAIMS RELATING TO WAGES
30. NOTICE OF DISMISSAL.
33. RECORDS.
34. EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.
41. WILFULLY MAKING FALSE ENTRIES.
You may look into SE Act applicable to your state which may be available at Dept. of Labor website of your state or you may buy from market.
If your establishment is covered under IESO Act and framed its certified standing orders then it should display the standing orders on notice board and supply the copy to employee against a nominal charge say Rs.10/.
If certified standing orders are not framed model standing orders shall apply.
The IESO act, model standing orders may be available at Dept. of Labor website of your state or you may buy from market.
13. Termination of employment
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
If no appointment letter has been issued you have not signed any contractual obligation of tendering notice period etc.
However company is under obligation to issue you appointment letter, salary certificate, work experience/service certificate and if nothing is due against you the reliving letter also.
In a given situation employee can invoke ID Act, SE Act, Payment of Wages Act, IESO Act etc as per explanation of employee under these enactments.
If your wages {as per definition of wages in Payment of Wages Act} are up to Rs.160000/pm you can agitate under the Act. It is felt that this act is applicable to all employees including managers. You can visit the officials at O/o Labor Commissioner, Wages Inspector and they may advice you and show you the way out.
Your lawyer may ask you a set of structured questions and may opine that you fall within the category of a workman.
The influential leaders in your community and acquaintances may agree to accompany you or refer you to influential officials who have a handle on this employer and force him to clear your dues and documents.
Or you shall have to issue a legal notice and agitate in Civil Court.
