Wrongful termination
Wrongful termination from service
Wrongful termination from service
Dear Client,
Your query requires more details to respond suitably. However, be informed that Termination or dismissal other than a disciplinary action for proven misconduct amounts to illegal termination/ retrenchment and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the I D Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/
I worked in company A from 29th may 2019 to 04th October 2019 and then I absconded that company and joined company B in 7th October 2019 , here the issue is the company A marked as date of exit 28th O ...
Dear Client,
At first keep a record of all communications with Company A, including emails or written confirmations of the approval from leadership to change the Date of Leaving (DOL). Since you have approval from the leadership, request a formal meeting with someone higher up in the HR or compliance team to discuss the situation. Highlight the impact on your career and the approval you’ve already received. You can send a legal notice, the notice should include all details, such as your actual
Other Responses
Hr is denying double pay / compensatory off for national holiday. I was working om 15 aug 2014
Dear Client,
Compensatory off is an entitled leave that an employee can take on a working day as a compensation for working at employers request on a holiday or weekend. In simple terms, when an employee works overtime at the request of his employer, then later he/she can take time off or compensatory off from their work. If an employee works more than 40 hours in a week, they may be eligible for compensatory off. The amount of compensatory off may be calculated based on the number of extra hour
Other Responses
If I have paid amount to company of 45 days and no dues is there I am legally eligible to get relaving letter
Dear Client,
From the contents of your query, it appears that there exists a buy-back policy of a notice period allowed to an employee who needs an early exit post-resignation and in compliance with the said policy you make the payment for 45 days of your unserved notice period. Accordingly, in compliance with the policy and other formalities, you are legally entitled to receive a relieving letter along with full and final settlement dues including arrears of salaries/wages and other service-lin
Sir actually I'm in very tension as I have worked in tcs for one month and I leave tcs and i got 2 month salary now the hr is saying that I have to give back 2 month salary and one month notice perio ...
Dear Client,
The word unprofessional exit from a company is itself a stigma that adversely affects an employee's service career. When you are ready to meet the demands of the company, it may be unprofessional and unconstitutional on the part of the Company to issue you a relieving letter placing a stigma on it that infringes a person's fundamental right to life as guaranteed under Article 21 of the Constitution of India. Moreover having no PF account there will be no negative impact on the Back
Is it not mandatory to implement an attendance tracking system for 40 white collar employees in a head office
Dear client,
Implementing an attendance monitoring system for 40 white-collar employees at a corporate headquarters isn't always obligatory but is frequently advised for efficient workforce administration. Key considerations include corporate guidelines, industry standards, and regional labor regulations that may mandate precise timekeeping for payroll and legal adherence. Although certain sectors may adopt more flexible practices, a tracking system can boost efficiency, guarantee compliance wit
I worked at company A from 29/05/2019 to 04/10/2019 and then I abscond that company and joined company B at 07/10/2019 to 05/09/2023 and joined company C in January 2024 to April 2024, and in pf histo ...
Dear Client,
There is no overarching law that prohibits a person from doing multiple jobs. It is not illegal however both companies should not have the clause “cannot take up work full time in some other company” So, before joining another Company you are required to tender your resignation from the earlier company and obtain a relieving letter that eventually caused the dual employment or overlapping of service. Further, Background verification(BGV) check is a process many organizations ca
Dear sir, Financial year started from 1April 2023 till 31st March 2024. Perfomance final calibration conducted by HR very late in the mont of 12th July 2024. I resigned from my job on 4th July2024. I ...
Dear Client,
From the contents of the query it prima facie appears to be an unfair labour practice on the part of the management. Variable pay or compensation is determined based on two main factors – the employee's performance and the company's overall performance. An employee becomes eligible to get variable pay in terms of employment only if he is on the payroll as of LWD(last working day) for the month the quarterly variable is paid. So, if his LWD is on or after 30th June(for the quarter
I am working as a senior consultant in private it company, in parallel can I start my own it company as a director ?
Dear client,
You can certainly establish your own IT company as a director while holding a position as a senior consultant, but it is important to address several key considerations. Review your employment contract for any conflict of interest or non-compete clauses and be prepared to disclose your new business if necessary. Avoid any overlap between your consulting work and your new venture, and balance your time effectively between both roles. Ensure you meet all legal obligations for setting
Other Responses
I am going to travel to the USA after a year. Want to start a company where the best option is to start the USA or india? Start parent company in USA and subsidiary india? Start parent company in indi ...
Dear Client,
To launch a start-up business the motherland is always preferred over abroad because you are almost aware of the laws of the land applicable to a specific business or venture. Once you succeed in your startup business inland, you can consider its extension abroad to step into the global market. Reach out to expert professionals who undertake turnkey projects for the formation/setting up of a new business for guidance and steps.
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