compensation - how to get
compensation - how to get
how to get a compensation from employer for firing
9 months ago
A. Dear Client,
In the absence of reason/ground behind the firing by an employer from employment, it is difficult to suggest the ways or remedies for claiming compensation. From the insufficient details of the query, it is not clear whether you are terminated, retrenched, dismissed or laid off by your employer. Both complaint and Compensation vary on the nature and grounds behind the firing. However, whatever the ground for firing, you need to file a complaint against your employer for victimizatio ...ReadMore
Salary deduction - salary is being cut for 2 months
My salary is being cut for 2 months, my incentive is being held or I am mentally touched, my gratuity amount is not being given. What should I do please tell
9 months ago
A. Dear Client,
Your query requires more details to respond properly. However, it may be noted that an employee in an establishment is governed by his offer letter or contract of employment. Any breach of condition of the contract of employment from either side makes liable or responsible to each other to face the consequences for breach of contract. In the prevailing situation, having so many grievances against your employer, you need to file a complaint before the concerned Labour Commissioner w ...ReadMore
Tahsildar not providing family survival certificate
My paternal uncle was government employee and passed away during his service in Karnataka, he was unmarried and we are the legal heirs as per court order. We have submitted to government office where
9 months ago
A. Dear client,
First try approaching the Deputy Commissioner or Assistant Commissioner. If that doesn't work out, please file a writ petition under article 226 of the Constitution to claim your certificate
Non payment of salary
I work for a Public sector bank. I was deputed to another place 20 kms from my stay for 2 days. On the second day, after duty while returning to my place of stay I met with an accident. It's been 3 mo
9 months ago
A. Dear Sir,
The said accident took place while you are on duty as such they cannot deny like that and you are entitled for facility of extra ordinary leave as per the service rules and as per circulars of your head office.
Not Serving complete Notice Period
I have worked in IT company for 6 month and resign from there and then done notice period of 1 month and company has notice period of 3 month and I joined another company after that now they have send
9 months ago
A. Dear Sir,
If no training was offered to you and then you have not suppose to pay such amount. Better get it replied legally through Advocate. The law is as under:
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Remedies available to employer and employee on breach of service bond
In the event of breach of employment bond, the employer might incur a loss and, therefore, may be entitled for compensation.4 However, the compensation awarded should be reasonable to compensate the loss ...ReadMore
Gratuity for Fixed term employee
I worked for a PSU for 4 years 3 months 12 days as a fixed term employee. I have come to know that fixed term employees are eligible for gratuity on pro rata basis for the no. of years worked. Please
9 months ago
A. Dear Sir,
4years 240 days is enough for claiming gratuity.
"As per Madras High Court judgement in a case of Mettur Beardsell Limited [represented by its Personal Manager], Madras v/s Regional Labour Commissioner [Central Authority under the Payment of Gratuity Act, 1972], Madras, it has been stated that if an employee has rendered continuous service of 240 days in the fifth year of service then for the purpose of calculation of gratuity, it must be considered as if he has completed FIVE years o ...ReadMore
Harassment by Boss
Kindly advice under which specific Rule/ Section, I can file a case against my Boss who is continuously harassing me due to which I am going in to depression and insomnia
9 months ago
A. Dear Sir,
You can get file such complaint with Police under various sections of Indian Penal Code but you must have concrete evidence that is through your colleagues and also CCTV etc.
Can Employer Hold the Salary?
I resigned on 28th of June and my notice period starting from 1st July end with 31st July In this condition can employer hold my salary for June month?
9 months ago
A. Dear Sir,
The employer cannot hold the salary. You may approach the following authority.
Please approach the following authority or similar authority in a state
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold concilia ...ReadMore
Company Is Not Paying 20 Days Of Salary During 90 Days Of Probation
I joined a pvt. ltd. company on 12-May-23 after getting offer letter. There was probation of 90 days. I asked for appointment letter after joining so HR said you will receive appointment letter after
9 months ago
A. Dear Client,
If your contract of employment/or offer letter specifies a condition that you have to serve a notice period whenever you tender resignation, then non-compliance of that condition of the offer letter may disqualify you from claiming salary or dues from the employer. As regards your forceful resignation obtained by the employer by a threat of termination, that resignation may be termed as unfair labour practice and illegal termination/retrenchment of the employee without following th ...ReadMore
Service matter - departmental enquiry
Sir in departmental enquiry they have given punishment compulsory retirement in 2016 then I get stay (2016) at KAT then KAT also upheld the copulsary retirement then I got stay at high court in 2020 a
9 months ago
A. Dear Client,
When the departmental order of punishment of compulsory retirement from service is modified by the High Court by withholding 5 annual increments with the cumulative effect which is opposite to with retrospective effect and so the order is effective from the date of order and thereafter. An employee who is inflicted by the punishment order of withholding of 5 annual increments from the date of resumption of his service following the modified Order of the High Court, cannot claim his ...ReadMore
