Notice period without having any appointment letter
Notice period without having any appointment letter
I am working in a private factory since Dec 2023.Despite several request factory not issued me any offer,appointment and joining letter. I have no formal contract with employer. I resigned on 1 sep an
Posted Yesterday
A. Dear Client,
The answer to your queries from no.1 to 4 lies with the status of your employment. In the absence of an appointment or offer letter from the company, you can not be considered an employee of the company and consequently, no rules or policies of the company are applicable to you. So, first, you have to prove your relationship with the company to claim a relieving letter post-resignation. In the given scenario, to prove the relationship of employer-employee by whatever documents you h ...ReadMore
Retirement at 58 yrs in private sector
I was working as a mechanical fitter in cement factory which is a private sector company and last month i got retired by the company at the age of 58. I want to claim my 2 years of salary from the com
2 days ago
A. Dear Client,
There is no official retirement age in private sector companies. However, employees can retire at the age of 58 or 60 based on their employment contract, employer’s policies, or mutual agreement with the employer. The retirement age for private company employees who belong to I T Sector, Multinational Companies MNC, and Banking Sector is 60 years, and for Marketing Sectors is between 58 to 60 years. Clause 3 of Schedule - I B of the Industrial Employment (Standing Orders) Act, 194 ...ReadMore
Bond and Reliving
I am working in a Pvt Ltd Biotechnology company & signed a bond for 5 years. But the work pressure & environment is so toxic and painful. Even I am forced to work everyday approximately 10-12
3 days ago
A. Dear Client,
You being an employee bound with five years bond with a private biotechnology company, toxic work environment and excessive working hours complaints can go to Labour Commissioner or Industrial Tribunal under Industrial Dispute Act, 1947. If you are working beyond the legal hours then you can also have a valid reason to complain for violation of rights under the labour laws. Further, you can argue for the unenforceability of the bond under the Indian Contract Act, 1872 especially sec ...ReadMore
Vidhikarya
MTech overlap during teaching, due to this ITI has rejected my joining
I have cleared ITI recruitment exam and got the offer letter as well joining location. ITI body has rejected my join by stating that I have done regular MTech while teaching, which is not legal. For I
3 days ago
A. Dear Client,
In order to counter the rejection from ITI after being cleared in the recruitment exam, start by temporarily listing down your credentials and highlight that although you taught final semester of project work, excluding that semester gives you over a year’s experience. The formal writing will be an appeal to the ITI recruitment authority where all the supporting documents will be attached and the rank of the writer among more than 25000 candidates will be presented. If your appeal ...ReadMore
Vidhikarya
Overlap in PF
Hi, I have a service overlap in PF accounts, with DOJ of my current company being 30/11/2023 and DOE of previous company being 8/12/2023. I have contacted HRs from both current and previous companies
3 days ago
A. Dear Client,
The following steps should be followed to solve the problem of claiming for the PF account number that is already been taken: Firstly, complete the joint declaration form, signed from the side of both previous and present employer and bring it to the Regional PF Commissioner. If this does not receive the desired results, then one can file a grievance online via the EPFO i-Grievance Management System. Your current HR’s suggestion to file a Right to Information (RTI) application is ...ReadMore
Vidhikarya
Termination over after office hour conversation with friends
I was working for a Jaipur based private company and was employed at the udaipur Location. One day I was sitting with my friends and having some drinks after office hours and in a private space. In my
6 days ago
A. Dear Client,
The ground of firing from service is unacceptable and impermissible under the law and amounts to unfair labour practices on the part of the employer. 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 Act that prescribed certain mandatory conditions t ...ReadMore
Severance pay
i had join a IT firm and after 1.5 years of service they terminated our service by giving reason about the project end and sudden in same month the duties ended from company side . in FNF they only gi
6 days ago
A. Dear Client,
If an employee is terminated without valid reason or cause, they are entitled to receive severance pay from the employer. The amount of severance pay is typically one month's salary for every year of service but may be more or less depending on the contract of employment. An employee could be entitled to get 'payment in lieu of notice'. This means the employer stops work straight away but still gets paid for their notice period. Termination or dismissal other than a disciplinary act ...ReadMore
Overlap in epf account and employer not ready to correct it
HI i have joined company A, after 2 month of working i did not get role as per my skills . So faked as family emergency and left company on 30 sept already informed my manager HR and Finance departmen
1 week ago
A. Dear Client,
Hope this response answers your query. You can file a complaint on www. https://epfigms.gov.in/. You can approach Regional PF Commisioner and lodge a complaint.
you can approach the Employees’ Provident Funds Appellate Tribunal (EPFAT) and you may approach the Central Government Industrial Tribunal for appropriate relief.
Vidhikarya
My company not giving me clearance after resignation
How to deal with company for clearance after resignation
1 week ago
A. Dear Client,
Hope this response answers your query. Firstly, try to understand the clearence procedure in the company and take steps accordingly. You can submit a formal resignation letter mentioning your concern regarding the same, and also the date of resignation.
Vidhikarya
To claim Gratutity
Hi, I hope you're doing well. I have a question regarding gratuity eligibility: I have worked with a private organization for around 16 years. However, for the past 15 years, the salary payments were
1 week ago
A. Dear Client,
An organization/establishment with a workforce of 10 individuals and above is liable to pay gratuity under the Payment of Gratuity Act 1972. A gratuity must be paid to an employee upon cessation of employment if he or she has rendered continuous service for five years or more, according to Section 4(1) of the Payment of Gratuity Act of 1972. Section 4(2) of the Act provides that for every completed year of service or part thereof in excess of 6 months, the employer shall pay gratui ...ReadMore
