How to recover my salary if I don't have a formal appointment letter?
I am employed by a small company in Delhi/NCR as DGM Sales without any formal appointment letter / documents. I was promised a package of 786,084 fixed CTC annually. Though I have an email offer of joining the organization but he hasn't given me any appointment letter. My work profile is majorly Sales, I have built a pipeline for more than 6 Crores which is going to materialize slowly.
I did my all sales activity and closed two small orders of 10 lacs where my target was 2 crores. Now my senior has stopped paying me, either I will be put on incentive kind of structure or not paid.
I did not get pay for Feb. Help.
Answers (1)
As you are working as a DGM, and the nature of your job is not of clerical nature, your case is beyond the jurisdiction of labour court. You ought to seek legal remedy through Civil Court, where you can file a suit for recovery for the unpaid salary for the month of Feb 2014.
Not being issued an appointment letter would not matter much while filing your recovery suit as long as the salary specified by you was mentioned in the email offer you received, and you can prove the work done by you for the company i.e. sales pipeline, closed sales, etc.
You have to first give a Legal Notice to the management for payment of financial dues for the unpaid month.
If the management does not respond positively or does not pay in the stipulated time of 15 days, you may file a Civil suit for recovery of financial dues in the relevant Civil court by paying the relevant court fee.
The court fee is about 2-2.5% of the amount you are claiming.
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.
Popular Labour & Service Lawyers
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.
Related questions
- Offer letter not signed still company is forcing to take resignation
- company is refusing to give relieving letter
- Police verification pending, company holding appointment letter
- A good performer at job. Can they still remove me w/o formal letter?
- Employer not giving relieving letter
- Employer not giving relieving letter. What can be done?
"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
Related Articles
- Can contractual employees of central govt avail maternity leave
- Is it necessary to mention my marital status in government application
- Employer- Employee dispute & i went Absconding now got legal notice
- How to mail to HR for full and final settlement? (Letter Format)
- Got selected in govt. job. Joining process started. IPC case pennding.
- Is police complaint possible against a firm who is not paying salary?
- Facing mental harassment from boss at workplace.what action can i take
- Worked 85 days in LIC as temporary employee is SC judgement applicable
- will a govt employee be suspended if jailed for 48 hrs
- Can I apply for my father's job after his death
- Procedure for cancellation of PF & ESI registration by a company
- Regarding regularization of contractual employee in central government
- What is the minimum pay scale in private sector company?