Can the company take legal action if I don't serve the notice period?
Can the company take legal action if I don't serve the notice period?
I quit my job and wont be able to serve the notice period due to personal reasons, the offer letter I signed had no mention of notice period on it. Furthermore notice period was introduced(after 6mont
2 years ago
A. Dear Sir,
If you have not signed any bond with the Company then it cannot initiate any action. Even otherwise they cannot take any action under Section 27 of Indian Contract Act. It is better to close the matter by issuing a letter intimating them about your urgency to exist from the company without notice.
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What action can be taken against Illegal Termination?
I have been hired by a company on 31st Aug 2020 on contract to hire basis where they have mentioned that I will be a permanent employee of their company and they will deploy me at their client site. W
2 years ago
A. Dear Sir,
You may get issue a legal notice and also approach office of Labor Commissioner under Section 12 of Industrial Dispute Act. Such office has vast powers to mediate the matter and settle amicably. You can also approach Civil Court for wrongful termination claiming compensation.
Is it legal to terminate employee who is working in the company more than 25yrs
Hello, my father is working with a Pvt ltd company from past 25 years, but now they're showing some paper and telling my father to leave the company intact he is just 57 yrs old, it is not his retir
2 years ago
A. Hi,
There are several labor laws in India against wrongful termination of employment. If the wrongful termination is done on the basis of discrimination due to age, gender, race, caste, etc., it is a violation of the fundamental rights of a person given under the Indian Constitution. You can directly file a writ before the High Court or can even refer to your dispute to the labour forum.
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Ayantika Mondal @ Prime Legal
Is it legal to terminate a pregnant woman under maternity law?
I am working in a company at mumbai city.I am 5months pregnant and this is known to my manager.Now I came to know that my company is on the verge to terminate some people (since most of the senior man
2 years ago
A. Hi,
Because the employment selection is based on merit, ma'am, the termination will also be based on merit. However, according to Indian law, unilaterally terminating your service term while your absence is unlawful. Try talking to your employer and let them know the position of your income and the circumstances you are in, I am sure the employer would accommodate you.
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Ayantika Mondal @ Prime Legal
For parmenent in divisional sports , post rector girls hostel
I am serving from 2012 and i also have appointment of that time but now they have appointed a new rector and removed me
2 years ago
A. Hello, you may review the contract that was handed to you at the time, as well as the duration of your appointment. The authorities cannot dismiss you from your employment without providing you enough notice. If it is done in that sequence, you can take the matter to a labour court or even sue the authorities for compensation.
Thank you very much.
Ayantika Mondal @ Prime Legal
What is the gratuity eligibility on completion of 4 years, 7 months, 24 days
Hello Sir/Mam, I was worked for a private IT company 5 days working a week for 4 years, 7 months and 24 days. Now when i asked company to pay the gratuity amount. They deny it saying i need to comple
2 years ago
A. Hello
The Gratuity amount in India is governed under the Payments of Gratuity Act, 1972. Provision regarding payment of gratuity is given under section 4 of the act. According to those provision to get the gratuity amount employee must have completed 5 years of his service with the employer to become eligible for gratuity amount. So, your five years are not completed yet therefor, you'll not be getting gratuity.
Thanks.
Ayantika Mondal @ Prime Legal
Is serving Notice Period is mandatory if I do not want the Experience letter?
I Joined the company and 2 days later I resigned. Now they are asking me to serve the notice period of 2 months or else to pay the notice pay. Can I leave immediately if I do not want the experience l
2 years ago
A. If you have employment contract which states notice period mandatory than its breach may put you in legal hassle if your company wishes to take any legal action against you, however it is advisable that if you don't want to serve notice period better talk to your organisation's concerned person and negotiate with/request him/her to waive off the notice period in your case and you may offer them to not give experience/recommendation letter in return but if they take the notice period waiver in wr ...ReadMore
Vaidehi Samant
Promotion issue
Promotion policy has been changed many times since I joined the company affecting my career. I won't have joined if I knew this.
2 years ago
A. Hello
There is much less options if you are working in a private company as they reserve the rights to change the rules regarding promotion. But you could still file a suit if it's any how violatiing your fundamental right. But if you are working in a government company then you could file a suit against the company's arbitrary policy changes ij the high court.
Thanks
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Ayantika Mondal @ Prime Legal
Gratuity Payment
I have completed 4Y7M2D (4 Yrs 212 Days) with org in Pune Maharashtra. Org (establishment) works less than 6 days a week. Am I eligible for Gratuity? There are speculations about 4y190d and 4y240d. Se
2 years ago
A. Hi,
S.4 (2) of the Payment of Gratuity Act pronounces that for every completed year in service in excess of six month, the employer shall pay gratuity to an employee. So, if an employee completes 4 years and 6 months of continuous service then he shall be eligible for the payment.
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Ayantika Mondal @ Prime Legal
Bsnl telicom employees pention releted
Respected sir Sir mere papa bsnl me 2001me joining kiye Assam me waha se transfer huye bihar 2006 me.ab retirement hone wale hai june 2021me .ab tdm bsnl bihar ka bol raha hai apke papa ka galti se
2 years ago
A. Hi,
You have two legal recourses to claim the pension. You may have to register a complaint before the office of the labour commissioner regarding the abstention of the pension. Additionally, you can also file a complaint before the State Pension Regulatory commission.
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Ayantika Mondal @ Prime Legal
