Maternity Pay requirements for redundant employee
Maternity Pay requirements for redundant employee
I have let go an employee due to budget cuts along with others who will be giving birth later this year around July. She believes that she will still fall under the maternity benefits as per Indian La
2 months ago
A. Dear Client,
The Maternity Benefit Act of 1961 permits a woman employee to request maternity leave if she has worked with the employer for at least 80 days in the 12 months preceding the expected delivery date. The Act is applicable to establishments with ten or more employees, excluding those covered under the Employees State Insurance Act, 1948, which also requires ten or more employees for its application. Maternity leave duration for both first and second-time mothers is 6 months or 26 wee ...ReadMore
Full n Final Settlement- Relieving and Experience Letter not Provided by Employer
As per my Employer Appointment Letter, I was having 3 months notice period, so I asked my employer I will serve notice period of 1 month and will buyout the 2 months notice period as per the clause g
2 months ago
A. Dear Client,
If an employer withholds full and final settlement dues, as well as relieving and experience letters upon the cessation of employment, it constitutes unfair labor practice. In the given scenario, if you qualify as a workman under Sec.2(s) of the Industrial Dispute Act, 1947, you can serve a legal notice to the company and approach the office of the Labor Commissioner to file a complaint against the company for alleged unfair labor practices. Additionally, you can file an applicati ...ReadMore
Non-occupancy charges levied by Society
I am residing in Mumbai and purchased a second home at New Panvel where I reside partially 2 days per month. The flat is renovated / interior work is done with an amenities that are required to live l
2 months ago
A. Dear Client,
As per the updated model bylaws, the responsibility for paying non-occupancy charges falls on the owner of the housing unit. However, in practice, homeowners often request tenants to cover both non-occupancy and maintenance charges. Typically, an informal agreement is reached between the owner and tenant for this arrangement, streamlining the payment process. This setup allows the tenant to make a single payment covering both charges, offering convenience to both parties. Since non ...ReadMore
Legal way to cancel a issued experience certificate
I am a govt officer. I accidentally give an experience certificate to a daily wage employee. He got signed the certificate by placing the certificate between other documents that I was signing. I acci
2 months ago
A. Dear Client,
If your official position in the government establishment doesn't allow you to issue an experience certificate to a daily wage earner or contractor worker, you can annul or cancel the previously issued experience letter. Issue a revocation letter to the concerned individual, requesting the return of the original certificate. It's advisable to meet the person, collect the original certificate, and obtain a receipt for your revocation letter to close the matter amicably. In adherenc ...ReadMore
Ancestors property
As I am ST and my patarnal grandfathet died long years ago before he could share among his 3 sons. Among 4 son , 2 of them died my father too. And youngest uncle is left. 30 years he took over the lan
2 months ago
A. Dear Client,
An individual inherits the right to ancestral property by birth, typically referring to property inherited for four or more generations. The property of the grandmother, held by the grandchildren, is considered ancestral, entitling them to an equal share since birth. In the absence of a will and with all ancestors, including the father, passing away, the daughter holds the same rights as the son in both ancestral and self-acquired property. Marital status is irrelevant, and a marr ...ReadMore
Resignation on PIP
I resigned after 15 days of my PIP for which I was not given any plan to improve. It was just informed verbally that CEO is not happy with me and One of my client escalated something to my HOD. I resi
2 months ago
A. Dear Client,
A Performance Improvement Plan (PIP) is a tool aimed at providing an employee with performance deficiencies an opportunity to improve. However, termination for unsatisfactory performance might be considered retrenchment. In such cases, employees should be given 1 to 3 months' prior notice or payment in lieu of notice, as mandated by Sec.25N(1)(a) of the Industrial Dispute Act, 1947, provided the employee is a workman under Sec.2(s) of the Act. If terminated illegally, the employee ...ReadMore
Account was freezed but I don't know reasons
Hi, Sir/madam I am working in outside india.my wife bank account was freezed also she got a notice from cydrabad cyber crime but we don't know what is the reason every month I send money from here to
2 months ago
A. Dear Client,
The National Cyber Crime Reporting Portal (NCCRP), an initiative of the Government of India, allows victims to report cybercrime scams or complaints online. Upon reporting to NCCRP, the Cyber Crime Cell initiates an investigation, freezing suspected accounts of fraudsters and the victim's bank account. During the investigation, the victim may be contacted for statements or document submission. Contact the Cybercrime Cell in your district or state for necessary action. Investigatio ...ReadMore
Divorce - married one year ago against my will
Hello sir, I was married one year ago against my will. I was emotionally blackmailed by family member and relatives to do marriage where the want . Now i want divorce but all my family member and al
2 months ago
A. Dear Client,
You cannot be dismissed from your job, and as for the divorce, you can initiate divorce proceedings by filing a case.
Account freeze
Sir i work in a money transfer shop so I have transferred 25lakhs from my gpay in 1year for that my account has been frozen bank is telling that you have wait and they are not giving me any date or ti
2 months ago
A. Dear Client,
The National Cyber Crime Reporting Portal (NCCRP), an initiative by the Government of India, enables victims to report cybercrime scams or complaints online. Upon reporting a cybercrime scam to NCCRP, the Cyber Crime Cell initiates an investigation, freezing suspected accounts of fraudsters and the victim's bank account. During the investigation, the victim may be contacted to record statements or provide relevant documents as needed. It is essential to contact the Cybercrime Cell ...ReadMore
Senior Parents are not taking care by 3 among 4 Sons
Please advice how this can be acted as per Laws according to Senior Citizens Welfare. What petition or complaints can be raised against those irresponsible three sons.
2 months ago
A. Dear Client,
In the given situation, your aged parents have several legal remedies to address the distress caused by their sons/daughter-in-law. They can file a complaint under the Domestic Violence Act, 2005, and submit an application under Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007. This application would be presented before the maintenance tribunal, headed by the SDM/DM, detailing the harassment and humiliation faced by your parents. The tribunal, after not ...ReadMore
