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My previous company on my last working day verbally told me that they will provide me the reliving letter, full and final settlement amount post 45 days starting from my last working day. When I followed up with them, they told me on the call that the reliving letter and FnF will be given after 60 days. Now, when I have dropped them emails after 60 days they are not responding to the Emails or calls. What legal action can be taken. I have left the company completing all the process they asked me to complete. In fact they asked me to sign a contract which says if I break the bond of one year I will have to pay them half months salary. They are holding my two months salary. On my last working day they told me 1.5 months of salary will be paid to me. Have not received any amount or reliving letter from them. They just mailed me and said they are evaluating my work and the they will pay. Today, 72 days are completed.

A. Hi Akshay,

This is a classic case of breach of employee contract. You first have send them a legal notice highlighting your grievance.

Alternatively you can contact the local labour commissioner who has conciliatory powers and can call the employer to understand the legal justification for holding back your salary and relieving letters.
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Anonymous

Posted 1 week ago

I am building an app which will provide recommendations for movies and sitcoms. I am using images of the movie posters, OTT platforms for that. Is there any legal consequence to that, since they are available online and free for anyone to use?

A. Dear Sir,
It is better to seek their written permission and if they do not apply then you can proceed by keeping a copy of hard copy of letter written to him individually to avoid future complications.

Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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I had applied for a name "XYZ Pvt. Ltd." as proposed name for my company registration purpose under RUN. However, same was rejected by CRC. When I checked the reasons for which they had rejected the name, they were frivelious. I raised a ticket for the same in system through MCA website. However, I got a weird response unrelated to topic from CRC team. I again re-raised the same issue as a follow up on the same ticket. Again I got a different response from CRC team and not related to the topic. Then I started corresponding with them through email. Again I was being asked to communicate only through tickets raised in website. If I have to challenge and appeal against the decision of CRC rejecting my proposed company name, then what is the remedy?

A. You have to file a case in NCLT ( National Company law Tribunal) in your state. You can get relief from court.
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I have recently resigned from an organization - an IT company. One surprising fact has caught my eyes and I am trying to understand the legitimacy of the same - 1. LOP - They deduct LOP on monthly basis. e.g. In the month of Aug, 2018 there were 22 working ( calendar days - public holidays - week offs) days and 31 calendar days. If my GROSS salary is 100000 and I had to take leaves for 2 days they would pay me for 20 working days (22-2). i.e. (100000/22)*20. 2. Leave Encashment - they encashed my PL (Privileged Leaves) at the time of separation. However, here they are calculating the same on calendar days, only basic and DA component. e.g if my basic + DA is 50000, And I had a leave balance of 5 days they are encashing me (50000/30)*5. How can both of the above two scenarios be correct at the same time? When week offs, holidays and leaves are mandated by Shops and Establishment Act, how a company can pay wages ONLY for the working days! Looking for your advise on the same.

A. Dear Sir,
You may issue a legal notice and raise the issue with Labor Commissioner.
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I am currently working in Infosys Ltd.I have applied for TERRITORIAL ARMY which is a government job.for the interview purpose I need a NOC from employer but they are not ready to provide.

A. Employer can't b forced to give NOC because ultimately they would have to suffer. That's the main reason Army asks for NOC as u would b required occasionally to b absent from your job with the employee and also Territorial Army do not provide permanent employment.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Sarvesh  Giri
Sarvesh Giri Experience: 1 Year(s) Mumbai City
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Anonymous

Posted 1 month ago

Sir Some one got my number in quicker or etc, The are offer me to work in online work for from feeling job. And the said never pay any charges . That company name name is Orienedifying . Unhone 1300 from and 10 days ka time diya or per salary pakeg bhi bataya Or bole ki agar aap work incomplete karte hai to aapko uska penalty dene parega 4800 rs. Meri id proof and signature mail karne bole, Maine kiya. Agreement from bhi send kiya But jab kaam start karne ke liye log in kiya to waha jo from me feelup karna tha uska word font aisa tha ki 0 or O me ya phir bahot Sare aise word the jo kuch samjh me hi nhi aa raha tha. Jiske karan after 10 days company ke legal advicer jinka naam Rahul Verma hai unka phone aata hai or wo bolte hai ki agar aap pay nhi karte ho to Cort me charge shit fil kar denge..... I want to know the are froud Or not.. And agreement me office likha hua hai Bamroli 120 foot overbridge surat, Gujarat

A. Lodge a complaint in the cyber P.S.
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Anonymous

Posted 2 months ago

My brother was working in an organisation for 3 years and left that job to explore more..after that he again joined another organisation and made his EPF account transferred from previous account to new one..after one month of joining in new organisation, he started suffering badly of back pain and he had to leave his new job immediately without serving notice period..now he is unemployed for 2 months and trying to get his EPF amount withdrawn..but his recent organisation is asking for money around 19k to get EPF amount..they are giving explaining that he has to pay for leaves he took and notice period he didn't serve..I have never heard any organisation asking for money to give our EPF fund..is that legal? Or they are just mocking us? Please help

A. It is better to serve them with a legal notice.
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Hi My employer has not paid salary for the last three months and also defaulted in Form 16. What's the right step or legal proceedings?

A. Dear Sir,
Get issue a legal notice and a representation may be submitted to the Labor Commissioner.
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I am working with the well-known company, and during my last 3 months I have faced many difficulty in the office created by my supervisor. She shouts on me at the floor in front of everyone and sometimes I even heard the personal comment from her related to my sacraments. I even tried to escalate this issue with senior authority but nothing productive happened. I went through depression and anxiety. Finally, I resigned from there. Is there any action I can still take as I am on the notice period?

A. Wait and then take your steps.
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There is a company. I know some loopholes of that company . I will tell them but i want to make a contract to them that will be having t&c on which i will be tell that to them. With that i will be asking them for some reward in any form. I want to know that what terms&conditions i have to put in contract so that they can't play trick.

A. Discuss with a good local lawyer.
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Kishan Dutt Kalaskar Retired Judge
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Rameshwar  Dadhe
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