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How to recover my salary if I don't have a formal appointment letter?
28-Mar-2023 (In Labour & Service Law)
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.
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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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