My salary is hold
7 months ago
Is it legal to hold my salary when I haven’t sign any agreement or paperwork from the company and never got any joining letter on the time i joined???
A.Dear Client,
From the contents of your query, it appears very strange without any contract of employment or any piece of evidence that supports your claim, you joined and worked as an employee of that company and when the company withholds your payment, you want to raise your voice or protest against the company who played foul with you from the beginning. So, you first need to prove yourself as an employee of the Company to take any legal action against the company for unfair labour practices before the concerned authorities/forum. Therefore, please revert to us with more details and documents that supports your claim for suitable responce to your grievance.
From the contents of your query, it appears very strange without any contract of employment or any piece of evidence that supports your claim, you joined and worked as an employee of that company and when the company withholds your payment, you want to raise your voice or protest against the company who played foul with you from the beginning. So, you first need to prove yourself as an employee of the Company to take any legal action against the company for unfair labour practices before the concerned authorities/forum. Therefore, please revert to us with more details and documents that supports your claim for suitable responce to your grievance.
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A.Dear Client,
In many jurisdictions, including India, an employer cannot legally withhold an employee's salary without a valid reason, regardless of whether you have signed an agreement or received a formal joining letter. When you join a company and perform work, you are entitled to be paid for that work in accordance with labor laws and regulations.
Here are some key points to consider:
Offer Letter or Appointment Letter: While you mentioned that you did not receive a joining letter, you should have received an offer letter or appointment letter at the time you accepted the job offer. This letter typically outlines the terms and conditions of your employment, including your salary and other benefits.
Labor Laws: Labor laws in India, such as the Payment of Wages Act, 1936, and the Minimum Wages Act, 1948, require employers to pay employees their wages in a timely manner.
Employment Agreement: Even if you did not sign a formal employment agreement, you may still have an implicit employment contract based on the terms mentioned in the offer letter and the work you performed.
Dispute Resolution: If there is a dispute regarding your salary, you should first try to resolve it amicably with your employer through communication. If that does not resolve the issue, you can consider legal remedies, such as filing a complaint with the labor department or seeking assistance from a labor attorney.
Documentation: Keep records of any communication, including emails, text messages, or other correspondence, related to your salary and employment. This documentation can be valuable if you need to pursue legal action.
Legal Advice: Consult with a labor attorney who can provide guidance specific to your situation. They can review any available documentation and advise you on the appropriate steps to take to recover your unpaid salary.
It is essential to understand your rights as an employee and to take appropriate action to ensure that you receive the salary you are entitled to under the law. Withholding an employee's salary without a valid reason is generally not legal and can have legal consequences for the employer.
Thank you.
In many jurisdictions, including India, an employer cannot legally withhold an employee's salary without a valid reason, regardless of whether you have signed an agreement or received a formal joining letter. When you join a company and perform work, you are entitled to be paid for that work in accordance with labor laws and regulations.
Here are some key points to consider:
Offer Letter or Appointment Letter: While you mentioned that you did not receive a joining letter, you should have received an offer letter or appointment letter at the time you accepted the job offer. This letter typically outlines the terms and conditions of your employment, including your salary and other benefits.
Labor Laws: Labor laws in India, such as the Payment of Wages Act, 1936, and the Minimum Wages Act, 1948, require employers to pay employees their wages in a timely manner.
Employment Agreement: Even if you did not sign a formal employment agreement, you may still have an implicit employment contract based on the terms mentioned in the offer letter and the work you performed.
Dispute Resolution: If there is a dispute regarding your salary, you should first try to resolve it amicably with your employer through communication. If that does not resolve the issue, you can consider legal remedies, such as filing a complaint with the labor department or seeking assistance from a labor attorney.
Documentation: Keep records of any communication, including emails, text messages, or other correspondence, related to your salary and employment. This documentation can be valuable if you need to pursue legal action.
Legal Advice: Consult with a labor attorney who can provide guidance specific to your situation. They can review any available documentation and advise you on the appropriate steps to take to recover your unpaid salary.
It is essential to understand your rights as an employee and to take appropriate action to ensure that you receive the salary you are entitled to under the law. Withholding an employee's salary without a valid reason is generally not legal and can have legal consequences for the employer.
Thank you.
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