Regarding experience letter and salary
Regarding experience letter and salary
I was working in a call centre as a telecaler but the company is closed after six months of my joining They hold my salary and told me that they will pay me in small small amount but five months is pa
4 months ago
A. Dear Client,
If you qualify as a workman according to Section 2(s) of the Industrial Dispute Act, 1947, consider sending a legal notice to the Company. You may also approach the office of the relevant Labor Commissioner to file a complaint against the Company for alleged unfair labor practices. Additionally, submit an application under Section 33C(2) of the ID Act to the appropriate Labour Court, seeking compensation for your unpaid salary from the Company.
Thankyou
Employment in company
A company terminated 4 employees before one week of salary who were on pip performance improvement plan .for not doing any sales or generating revenue now Company is not paying salary that we are in
4 months ago
A. Dear Client,
There can really be only two outcomes after a PIP: either the employee meets their goals or they fail to do so. If the employee is successful, then they will likely stay with the company and further their career. But if they fail to meet their goals, then they will most likely be terminated from the job. The Company cannot hold back your salary for more than 90 days it's illegal and can be challenged in court and by any chance if they hold your salary than, Typically, the employee ...ReadMore
Protection of Seniority
I've joined office (PSU) in Aug. 2007 and my Seniority was maintaining as per merit where I was on the top. Thereafter in 2020 I've been transferred to other unit of my office with a direction to plac
4 months ago
A. Dear Client,
The principle of Merit-cum-Seniority puts greater emphasis on merit and ability and where promotion is governed by this principle seniority plays a less significant role. However, seniority is to be given weightage when merit and ability more or less are equal among the candidates who are to be promoted. The relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between available direct recruits and promotees which shall be ...ReadMore
Double resignation
I resigned in aug 2023 and my manager convinced me to stay saying if he didn't give me a raise he'll lower my work hours to 30hrs/week. I agreed verbally but did not send any withdrawal letter. When h
4 months ago
A. Dear Client,
Once you tender your resignation afresh in January 2024 the earlier resignation of August 2023 stands infructuous and invalid. Accordingly, the 90-day notice period starts afresh from January 2024. The reason behind the resignation does not matter if the terms of employment are complied with and non-compliance with the terms of employment may be held breach of contract and may liable you to face legal consequences that may affect your service career in the future. So, handle the sit ...ReadMore
Apps and government jobs
There are two situations: 1) a freind of mine did some sports betting or so in a legal app ,he didn't find anywhere it's not legal as he says, though he left it 2 years ago, now a government aspirant
4 months ago
A. Dear Client,
The Supreme Court has affirmed the legality of fantasy sports, recognizing it as a legitimate business in India that does not fall under the Public Gambling Act of 1867. The judgment acknowledges the substantial skill and judgment involved in fantasy sports, emphasizing the prevalence of skill over chance. Platforms hosting fantasy sports are considered legal entities protected by Article 19(1)(g) of the Constitution. Importantly, engaging in fantasy sports is not a criminal offense ...ReadMore
labour court case file
i want to file a case in labour court against my company ( which i left in the month of Feb 2023, i worked more than 7 years in this company ) for not providing me my FnF amount and Gratuity amount, i
4 months ago
A. Dear Client,
Considering your situation, it is advisable to file a case in the Labour Court rather than the Civil Court, as labour-related disputes, including non-payment of FnF and Gratuity, fall under the jurisdiction of the Labour Court. The argument that salaries above a certain threshold are not considered labour disputes doesn't hold in this context. Labour laws generally cover employees across various salary levels.
To initiate the process, you may need to first send a legal notice throug ...ReadMore
Advice needed on notice period buy out
I resigned my job and i provided notice period of 15 days only. However according to company policy notice period was 45 days. Now they were giving me option of buy out notice period as i have not sig
4 months ago
A. Dear Client,
In your situation, since you haven't signed any bond or contract specifying a notice period, the company may not have a strong contractual basis for enforcing the 45-day notice period. However, company policies often act as internal rules. If you were aware of the 45-day notice period policy, it might be considered an implied agreement even without a signed document. Regarding the buyout option, if it wasn't explicitly communicated and mutually agreed upon before you resigned, you m ...ReadMore
Job trap
I have joined a company named reliance and attended their training but after training I found that I can't work their and I resigned from the company they didn't pay me any training charges but now th
4 months ago
A. Dear Client,
If you've resigned from the company after training and they are asking for payment equivalent to one month's basic pay or a notice period, it's essential to review the terms of your employment contract. Employment agreements typically outline notice periods and the associated terms for resignation. If there is a specific clause regarding training costs or notice period in your contract, you should abide by those terms. However, if there's ambiguity or unfairness, consider seeking ad ...ReadMore
Resignation After Termination
I resigned from my position on December 26. SInce it was medical case i needed immediate leave but they negotiated a notice period until January 15 with the ability to work remotely from home due to m
4 months ago
A. Dear Client,
In this situation, it's important to address the concerns raised by your employer promptly. While your employer may be justified in expecting accurate information about your location, the threat of termination and salary deduction raises legal and ethical questions. To protect your rights, gather evidence demonstrating your continuous fulfillment of job responsibilities from Odisha, and ensure you have documented communication about your medical case and location change. Share this ...ReadMore
Termination After resignation without any warning and salary deducted
I recently resigned from my job on December 26, citing my mother's health issues as the primary reason. I negotiated to serve the notice period until January 15, working remotely from Odisha where my
4 months ago
A. Dear Client,
After submitting your resignation with a request for early relieving, the Company accepted, allowing you to work remotely until January 15. Your relocation, given the remote nature of your work, should not be grounds for termination or threats from the Company. Any unjust actions, such as terminating your service or withholding Full and Final Settlement dues, would be considered unfair labor practices and victimization. If you fall under the definition of a workman as per Sec.2(s) o ...ReadMore
