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Hi Neha,

I have been working in my company for the past 2 years. It is a real estate company, and there is an employee who has been working here for the past 1.5 years. Management has instructed me not to offer a new contract or appointment to this employee as his performance has been lacking for the past 6 months. Additionally, his salary has been on hold for the past 2 months. He is now threatening to take legal action against me.

Thank you.

Best regards,
Neha

From India, Lucknow
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Record of Employment against a Permanent Post in any Establishment includes: the individual's name on its Muster-Roll, daily attendance recorded in the Establishment's office attendance systems, entry permit/gate pass, wages/salary paid, deduction of PF, etc., even in cases where an appropriate appointment/joining letter/record was not issued or created.

Furthermore, withholding wages/salary itself amounts to a very serious offense on the part of your Employment/Management. For misconduct or poor/underperformance, proper disciplinary action steps need to be initiated rather than indulging in wrongdoing, legally.

Kritarth Team
20.3.2019

From India, Delhi
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