Kindly help me , one of my friend was working with a reputed brand in education industry as a counsellor, she started working on 22 march 2018, however soon after she started working she got to know that they are not going to provide any offer letter or joining letter as they said that they do not have such policy. after that they asked her to submit all required docs like experience letters from previous employers and pan card copy, address proof and also asked to fill in the epf and esi form. After few days she was assigned many other roles like teacher, marketing as well along with counselling without any prior notification.
She got to know that it was a ER Branch- employee run owner concept. she got her first salary after two months , because of all this she decided to quit and wrote an email, however they wanted her to serve one month notice , when she didnt they hold on to the salary and didn't release last two months salary. what can she do now?
your help will be highly appreciated
First check the policy of the company and ask to the management on what basis they hold the salary. If you not get the right answer contact to good legal person who handle this type of cases and send the legal notice to the company.
Dear Ayaan,
If your friend service is more than 3 months then as per "Delhi Shops and Establishments Act, 1954" section 30 (2) she has to serve one month notice or salary in lieu of the same.
If her service is less than 3 months than she has proof of her employment related documents like, offer letter, appointment letter, ESIC e-card, salary slip, or UAN of epfo than she may go for legal action. By filling written complaint against her employer in the labour department. In such case she has to proof following things:
*She was employed by the institute.
*Her date of joining.
*She was employed against salary.
*She resigned from the institute.
*She handed over the official stuff to her employer.
*She did not get payment.
Rahul Sindhwani
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