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Case of not Issuing Appointment and Experience Letter
16-Jan-2023 (In Corporate Law)
Hi,
I am Eli, I joined a company on 1st Sep 2016. It was a new business then, so most of formalities were done informally and verbally but on a promise that the appointment letter and offer letter will be issued later. Then there occur some problems. And my company and me was not comfortable with each other. There was some issue on 5th Jan 17 so they sent me Warning letter in the morning then I send them my resignation letter in reply.In reply they sent me termination letter right after 2hrs of sending resign letter which I guess will become void.As discussed now I need my appointment/offer letter for my future employment but they are refusing to give saying that its a termination not resignation. Kindly tell me what are the rights of employee in this case and according to which section and law.
In general you and your job is being governed by the contract and commercial laws of India and most of the Labour and industrial laws which we have at its place for taking care of employment based issues are not for the professional people rather for those who are downtrodden and makes lower strata of the organized sector which means Labour class.
So what you are supposed to do as of now is to pursue this matter from the legal front. First send them a legal notice asking for your dues and proper relieving and if they deny it then you can come before the competent court of jurisdiction.
So what you are supposed to do as of now is to pursue this matter from the legal front. First send them a legal notice asking for your dues and proper relieving and if they deny it then you can come before the competent court of jurisdiction.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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This better directly comes into the Ambit of industrial dispute act for that purpose you can file a case in labour Court seeking proper remedy as per your requirement, if there will be grounds, you will easily get relief from labour Court.
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Adv. Siddharth Dev
Delhi | 200+ Answers
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I answered a similar query for a friend today. In the absence of any contractual document the best you can hope is to get damages from court after a prolonged litigation where you will be required to prove that you were employed by this organisation. I suggest you try to resolve the issue amicably.
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Adv. Salim Ambar Inamdar
Delhi | 25+ Answers
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Hi Eli. Kindly clarify if you were on probation for any period of time when you were employed at the said company. You also have not mentioned if you got any communication regarding your appointment on a probation basis. Kindly share the necessary details to advice better.
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Adv. Ekta Mehta
Delhi | 25+ Answers
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