How Can My Friend Recover Her Unpaid Salary from an Employee-Run Education Brand?

Kindly help me, one of my friends was working with a reputed brand in the education industry as a counselor. She started working on 22 March 2018. However, soon after she started working, she got to know that they were not going to provide any offer letter or joining letter as they said that they do not have such a policy. After that, they asked her to submit all required documents like experience letters from previous employers, PAN card copy, address proof, and also asked her to fill in the EPF and ESI form. After a few days, she was assigned many other roles like teacher, marketing, as well as counseling without any prior notification.

She got to know that it was an 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's notice. When she didn't, they held onto the salary and didn't release the last two months' salary. What can she do now? Your help will be highly appreciated.

Hello,

First, check the policy of the company and ask the management on what basis they hold the salary. If you do not get the right answer, contact a good legal professional who handles these types of cases and send a legal notice to the company.

If your friend's service is more than 3 months, then as per the "Delhi Shops and Establishments Act, 1954" section 30 (2), she has to serve one month's notice or salary in lieu of the same. If her service is less than 3 months, then she should have proof of her employment-related documents such as the offer letter, appointment letter, ESIC e-card, salary slip, or UAN of EPFO to consider legal action. She can file a written complaint against her employer in the labor department. In such a case, she needs to provide evidence for the following:

- She was employed by the institute.
- Her date of joining.
- She was employed with a salary.
- She resigned from the institute.
- She handed over the official items to her employer.
- She did not receive payment.

Regards, Rahul Sindhwani