Employment Law Employment Law

2 years ago

I have applied for resignation and I'll be serving a notice period of 7 Days. I have worked in this company for 8 month and while joining I didn't get any offer letter and my salary was paid in full cash, no PF was deducted during my employment. But now my employer is forcing me to serve a 1 month notice period or else I won't receive my salary from last month, and they won't provide me with an experience letter and salary certificate. I'll be relocating to another state by next week due to a medical emergency and i can't not continue working here, I have informed them about my situation but still they are not ready to understand my situation.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,

There is no service law which prescribes notice period but it is accepted principle that notice period is between 30-90 days. You may approach office of labour Commissioner and try to impress upon to relieve you along with your experience certificate and 1 month salary.
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Anik

Responded 2 years ago

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A.Dear Client,

As per the facts which have been provided, it seems you do not have an employment agreement and your salary was also paid in cash. In this circumstance, you do not have any proof in the Court to show that you were employed in that company.
Hence, in the given situation it is quite difficult for you to get experience letter and salary certificate without serving 1 month notice period.

Hope this clarifies your query and requirement.

Thank you.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
In absence of an offer letter and employment agreement it will be difficult for you to prove that you were employed there. Also your salary was not being credited to your account hence that option to establish the employment is also lost.
better you serve the notice period and take your last month salary
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