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Aneesh   22 August 2015

Company holding certificate

Dear Sir,

I am working as a staff nurse in Mumbai , My wife also a Nurse she  was working with a hospital last year. She joined on that hospital on October 2014 only 20 days she worked with that company after that she left because company has not given the offered salarie, but company has not release her orginal certificate yet, i spoke with hospital management they want 3 months salarie, she did not sign any bond during the time of join. She sign only the offer letter also offerletter says if any one leave the company give 3 month notice or 3 months salarie. her employment was 1st 3 months probation then permenant during the probation period she left also she submitted the 24 hour resignation. Please help me what should i do or how do i get my certificate back. If i give money to employer for my certificate,  Is there any way to give complaint later ? Any way to given back money later?



 1 Replies

Kumar Doab (FIN)     22 August 2015

 

She may first write to the employer that she was not paid the salary on promised date...............(and offer/appointment letter/salary slip.......................PF forms/ESIC forms etc) and had no other option but to suffer and give up employment...............................and in such case notice period/pay etc has lost its sanctity……………………and that her original certificate (name it) that was collected on dated………………….by Mr/Ms…………….at address…………………be returned to her immediately.

 

The original certificate is her property and no employer has any lien on it.

The notice period/pay for 20days service as per Bombay Shops and Commercial Establishments Act; Sec:66  is Nil.

 

At the first place why did you allow the original certificate to be kept as some collateral?

Have you also submitted original certificate to be kept as some collateral?

 

Seek help from Nurses Union/Trade Unions Labor Law Consultant if required.


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