When applicant applies for a job, he/she is called as job candidate. Once the candidates is selected and joins the duties, he/she is called as "employee". In your acquaintance's case, he/she needs to be called employee not candidate.
Well the employee has been removed within a month. Employee was not given either offer letter or appointment letter. Did he/she sign the attendance? What evidence this person can provide to prove that he/she was employed?
The employee has been sending mails asking for the salary. Tell him/her to take the printout of the mails. Secondly, what was the designation of this person? Did anyone report to this person? If nobody reported, then provisions of Industrial Dispute Act, 1947 become applicable to him/her and under the provisions of this law, he/she can approach Labour Office and make a formal complaint for the non-payment of the wages.
If this person worked as supervisor and above, with few persons reporting to him then his case becomes difficult, as there is no remedy under the provisions of ID Act, 1947 and filing a civil suit is only the option.
1. The employee signed the attendance register.
2. The biometric attendance system also captured the in and out time daily since the employee had the ID badge.
3. The CCTC captured it too.
4. He filled up the Employee joining form and NDA on the date of joining.
5. No mails sent regarding salary. Only verbal follow-ups done.
6. No designation was finalized. Only salary was verbally finalized. Designation was not finalized despite reminders and follow-ups. Broad role was recruitment and marketing work.
7. Nobody reported to the employee.
Tell the employee to put up application for the payment of the wages for the period for which he has worked. Let him send the hard copy by registered post with acknowledgement due. If the salary is not paid within a week then let him send reminder with copy of this letter to the local labour officer. If the employer still remains intransigent, then let him make a formal application to the labour officer.
While sending the letter by hard copy, tell the employee to send the soft copy by e-mail also. Tell him to take printout of the e-mail communication also.
Sir, Karnataka Shops and Establishment Rule, 1963 makes it mandatory to issue Appointment Order (Form 10) to the employees hired. Format of this form is placed as Appendix of the said act.
In fact sometimes Labour Officers take objection for issuing "Appointment Letter" in place of "Appointment Order" as specified by law. As a via media, actually we were not issuing this form to the employee but on hiring a new person, we use to take signature of the employee on this form and use to file it in the employee file. The look of the form is not characteristic of present-day management practices, hence this adjustment.
Coming to the original issue, let the employee approach the Labor Officer first so that he may know whether the very fact of his employment with the organization is denied so that he can decide the course of his alternative remedy for the issue.