Pending Dues from previous company
Pending Dues from previous company
In May 2017, I joined a company in Lucknow. At the time of joining, I did not receive any offer letter or did not sign any contract with the company. After serving 6.5yrs with the company, I gave a re
3 weeks ago
A. Dear Client,
It's unusual to serve a company for over six years without an offer or appointment letter. If the company withholds your Full and Final (F & F) Settlement dues upon resignation, it constitutes unfair labor practices under the Industrial Dispute Act, 1947. Additionally, employees are entitled to gratuity under the Payment of Gratuity Act, 1972, after five years of continuous service.
In the absence of an appointment letter, other documents like salary slips, job cards, or EPF/ESIC ...ReadMore
Serving notice period when not mentioned in employment contract
Hello good day. I am a doctor who worked as a medical officer for an NGO for four months. Due to personal reasons I had to resign prematurely. There was no clause about serving notice period in my emp
3 weeks ago
A. Dear Client,
When an employer defaults, it shouldn't negatively impact the employee. The employment contract takes precedence over the company's internal policies if not explicitly stated otherwise. Therefore, in this situation, your recourse is through the Civil Court. You should file a civil suit against the NGO to recover your dues after serving them a legal notice.
Employment and Labour
I am a student and my exams is coming so I give 4 days notice that I want to quit job but My boss(he has good connections with higher professional) in job threatening me, abusing my family and me that
3 weeks ago
A. Dear Client,
In the given scenario, if you are subjected to victimization or unfair labor practices by your company, you should take the following steps:
1. Serve a legal notice to the company outlining your grievances and demanding appropriate action.
2. File a complaint against the company for alleged victimization and unfair labor practices before the concerned Labour Commissioner for redressal.
3. If the company terminates or retrenches you without notice or payment in lieu of notice, and ...ReadMore
Mental Harassment by ex employer
I had taken a loan of 2 lakh from my boss which he never asked me during my employment in a proprietorship company. There was no offer letter or experience letter given to me even after asking so many
3 weeks ago
A. Dear Client,
In cases of termination without notice, it constitutes illegal termination and falls under the purview of industrial disputes as defined by Section 2A of the Industrial Dispute Act, 1947. This also violates the mandatory provisions outlined in Sections 25F and 25N of the Act, which specify conditions that employers must adhere to before terminating or retrenching an employee.
If you are classified as a workman under Section 2(s) of the Industrial Dispute Act and have been termina ...ReadMore
change current employer in epfo
I have joined in my current company in April 2022, but in september i received an offer from another company for part-time work. initially i said yes but after 1 week i left that company. but they ha
3 weeks ago
A. Dear Client,
While there is no law explicitly prohibiting individuals from holding multiple jobs, it's crucial to ensure transparency and compliance with company policies. If you're considering taking up another job while already employed, it's important to resign from your current position before joining the new company, especially if there are clauses in your employment contract prohibiting full-time work elsewhere.
Background verification checks, including verification of EPFO records thro ...ReadMore
never worked for company A but they put a record in EPFO service history
"I received two offer letters from different companies. I declined the offer from Company A via email and proceeded to join Company B. However, Company A mistakenly recorded my joining date in my EPFO
3 weeks ago
A. Dear Client,
When discrepancies appear in your EPF records regarding the joining dates at both Company A and Company B, it is essential to rectify these anomalies to avoid issues like dual employment or overlapping service. To rectify such errors:
1. Joint Declaration Form (JDF): Fill out a Joint Declaration Form with the correct details, including father’s name, joining date, exit date, etc. This form should be signed by both the employee and the employer who entered the incorrect data. Su ...ReadMore
Service overlapping issue
Hi, my issue is with service overlapping. case is with my first company that started to deduct pf. when i joined the next company gave me joining date of 23 but my previous company dint allow and exte
4 weeks ago
A. Dear Client,
Before joining a new company, it's essential to tender your resignation and obtain a relieving letter from your previous employer to prevent overlapping service. Background verification checks (BGV) are common procedures conducted by organizations to verify candidate information. EPFO records verification through UAN is crucial for BGV, ensuring employees aren't using false identities. Negative BGV results can lead to employment rejection or termination. To resolve overlapping PF ...ReadMore
Gratuity and PF
Sir/Madam, I have completed 5 years in the company however there was no PF deduction. I have even requested for gratuity during my notice period but after 15 days got the answer that I am not liable
4 weeks ago
A. Dear Client,
If a company employs 20 or more individuals, it falls under the EPF & MP Act, 1952, providing benefits to its employees. Employees earning up to ₹15,000 must have an EPF account, while those earning more require approval. Failure to register under EPF can lead to legal consequences. The Payment of Gratuity Act, 1972 mandates gratuity payment for employees with five years of continuous service. Form 'I' must be submitted to the employer within 30 days of gratuity becoming due. Th ...ReadMore
Workplace harrassment complaint lead to Termination
What legal actions can I take in failure in of support from the internal HR committee. A conversation initiated with the senior manager about his rude unannounced intrusive entrance to the closed ca
4 weeks ago
A. Dear Client,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the ‘PoSH Act,’ aims to create safer work environments for women by addressing and resolving instances of sexual harassment within organizations. Enacted by the Ministry of Women and Child Development, the law came into effect nationwide on December 9, 2013. It defines sexual harassment and outlines procedures for lodging complaints, conducting investigations, and ...ReadMore
Early Relieve and Termination Threat
My company suddenly introduced a policy to charge 0.5 day salary as penalty, if there's any delay in submitting the timesheet. Even If I submit it everyday, my manager have to approve it and I have to
4 weeks ago
A. Dear Client,
A company is bound by the terms outlined in the employment contract or appointment letter, governing the relationship between employer and employee. Without complying with Section 9 of the Industrial Disputes Act, 1947, an employer cannot unilaterally alter an employee's service conditions. Upon resignation and completion of the notice period, the employment relationship terminates, and the contract becomes frustrated. The employer is obligated to issue a relieving letter and sett ...ReadMore
