Unethical requests for the company on full and final of the resignation process.
Unethical requests for the company on full and final of the resignation process.
On resignation my company is asking me refund on previous paid salaries and denying to give me the bonus amounts which was subjected to completion of 2 years of employment. My colleagues have received
3 years ago
A. Send a legal notice to your organization and also check your employment contract copy and try to find out if they have done all this as per the contract or not.
Notice period during probation
I recently resigned from a company 2 months after the joining since I was not satisfied with the job. The offer letter does not mention that I have to serve the notice while in probation but still the
3 years ago
A. To resign is a right of the employee: SC
Can’t be compelled to serve, says court in case of Air India employee
To resign is a right of an employee and he cannot be forced to continue, the Supreme Court has said in a recent order.
An employee cannot be compelled to serve in case he is not willing “until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the ser ...ReadMore
mr
Contract outsource Labour expired during work, Principal employer has not issue compansation CONTRACTOR is having only PF , ESIC, Not any insurance coverage How death claims to be obtained. And who
3 years ago
A. It depends on the CONTRACT Agreement with you & the Principal Employer. If all the site liability is given in written contract then, the Contractor will have to pay the Onsite- Death liability. If Nothing is mentioned in the Agreement then Both of you will have to share the Liability. Also you will have to see if the Safety procedures were followed or not. The Construction Labour Contractor should be aware of Death Insurance Coverage it is hardly Around Rs.2,000/- Per Annum for 5 lakhs. How coul ...ReadMore
School firing me without paying my dues
I am working with school . My notice period is 3 months but my school has fired me without clearing my 3 month salary and other dues ... What option do i have....
3 years ago
A. You can file petition for salary during period suspension and for reinstatements before High court or before school tribunal
SHAIKH IRFAN KHAMAR SHAIKH
Maternity Benefit
What in case if company has decided to shut it's day operations, not night one and on Watsap they inform all of a sudden, and if pregnant employee mails for maternity benefit officially, her outlook p
3 years ago
A. An employer cannot dismiss a woman for taking maternity leave and cannot serve a termination notice to a woman on maternity leave which expires before the maternity leave ends. Also, an employer can’t change the terms of service to the woman’s disadvantage during her maternity leave.
Further, maternity benefit and the medical bonus will have to be paid to a woman who is discharged or dismissed during pregnancy unless it is for gross misconduct.
Fareed Ahmed
Unlawful Layoff
I an an confirmed employee and now company is asking to leave in current by asking for my resignation without any reason that too has not given anything in writing.As per my LOA I should get 2 months
3 years ago
A. Hi,
Don't go ahead with your resignation, in such cases, the company may issue a separation letter with adequate notice or lie of the amount as per the state rules.
Employee termination
I am working in a reputed IT COMPANY from past seven months. Yesterday I got a call from my manager saying that, I will have a call with my HR and the reporting manager regarding a discussion. Before
3 years ago
A. Not sure on what grounds, HR and your manager asked you to submit resignation. Please do not submit your resignation. If they terminate you, please approach the district magistrate to take appropriate steps ( if within lockdown), after lockdown, you may approach labour inspector.
But at the present situation is different than the ordinary, unprecedented and rare unforecastable, as per the directive of the govt. the employers to close/shut their organization and no question of the movement of e ...ReadMore
Ayantika Mondal @ Prime Legal
Layoff in IT sector
My company is currently doing lay offs, I have been asked to resign with two months notice period. Reason given is under performance. What should I do now ?
3 years ago
A. Hi,
1st of all, do not resign. There is PIP guidelines in place for under performer. We shall take legal steps once the company come to conclusion regarding your job.
The present situation is different than the ordinary, unprecedented and rare unforecastable, as per the directive of the govt. the employers to close/shut their organization and no question of the movement of employees. ( except the exempted one). And the Disaster Management Act (DM) is empowered to make rules and advisory and ...ReadMore
Ayantika Mondal @ Prime Legal
Company Asking for Depositing Money into Account for Taxation Purpose
I am working in a LLP Software Company in which minimum wages of employees as a fresher/experienced up to 2 years are between 10K to 15K. The company all of a sudden is asking for account details (al
4 years ago
A. A. If your employer is depositing money then tomorrow or later if the tax authorities check your bank account then they will charge with tax evasion as it will be considered as your income.
B. Suppose the company is raided by tax authorities for tax evasion then you will also be considered as a partner in crime for allowing your account to be used for it.
Be careful
Adv. Sarika Khude
Employment related
I am a permanent employee of my company but recently, i was made to sign a 1 year bond with them as they gave me the annual raise (which was after 13 months). They just made me sign on a paper which s
4 years ago
A. Private job is a contract between the employer and the employee so when you sign an agreement or job offer letter you actually agree to abide by the terms and conditions. Since you sign them so they are legal. You can fight it out in the court of law saying that you were forced to sign this but then you will have to prove it.
