Employment Overlapping
Employment Overlapping
I left a company A without informing after working for 25 days in May, 2018. One next day I joined Company B. Now I'm about to leave B and join C. But in the BGV of company C they found that Exit Da
1 month ago
A. Dear Client,
The Factories Act, 1948, and the Industrial Employment (Standing Order) Rules, 1946, prohibit adult workers from engaging in dual employment. State-specific labor laws also govern rules related to dual employment. While there is no overarching law prohibiting individuals from holding multiple jobs, it is crucial to review employment contracts for any clauses restricting such engagement. Before joining another company, it's essential to resign from the previous employer to avoid ov ...ReadMore
Layoff of employee with workplace injury health issue
My friend was employed in world's most valuable software company for more than 2 decades. In 2016 he had to travel to a remote place for work. When he went there he contracted a very rare disorder wit
1 month ago
A. Dear Client,
Section 2(oo) of the Industrial Dispute Act, 1947 defines retrenchment as the termination of a workman's service by the employer for any reason other than disciplinary action. Exceptions include voluntary retirement, superannuation, non-renewal of the employment contract, and termination due to continued ill-health. Section 25F outlines conditions an employer must meet before retrenching an employee, including providing notice, compensation, and notifying the appropriate governmen ...ReadMore
Consultancy - I went for a job abroad interview
Hello, I went for a job abroad interview which happened in a consultancy and after getting selected, the consultancy asked for 1 month salary of my future company which was 6000 AED, approximately 1
1 month ago
A. Dear Client,
Based on the details provided in your query, it appears that you have encountered a fraudulent job agency, and unfortunately, this occurred abroad. The mistake was made in making upfront payments to the placement agency without verifying its background or obtaining confirmation from the prospective employer. Given the absence of a buyback policy or notice period, your current company's refusal to accommodate your request is justifiable. The likelihood of obtaining a refund from th ...ReadMore
Gratuity service eligibility yrs
I have completed 4yrs 9 months 11days in co. But co denigh to pay the gratuity
1 month ago
A. Dear Client,
The Payment of Gratuity Act, 1972 mandates the payment of gratuity for eligible employees upon cessation of employment, provided they have rendered continuous service for five years or more, as per Section 4(1). According to Section 4(2), the employer must pay gratuity at prescribed rates for each completed year of service or part thereof exceeding six months.
Continuous service, as defined in Section 2A, includes uninterrupted service even during periods of accident, sickness, l ...ReadMore
Employment and notice period
I want to resign can I ask my company to consider back dated resignation? It's Feb end now. Can I ask them to consider my resignation from Jan? I still haven't resigned yet
1 month ago
A. Dear Client,
There is generally no concept of back-dated resignation recognized in labor law. In the employment relationship, an employee is typically required to tender their resignation in accordance with the terms specified in their appointment letter or employment contract. This often involves providing a notice period, usually ranging from 30 to 90 days.
Resignation is a formal process governed by the terms of employment, and it is expected to be carried out in adherence to the condition ...ReadMore
Demanding money post the termination
I've worked in my company for 10 months, they said , if I resign within 1 year, I have to pay 1 lakh rupees. I'm willing to spend extra 2 month. But they are demanding me to stay, and if I want to lea
1 month ago
A. Dear Client,
If you have tendered your resignation following the terms outlined in the offer or appointment letter, and the notice period has expired, the employment relationship between you and the employer is considered terminated.
It's emphasized that a service or employment bond alone does not establish a relationship between an employer and an employee. For a bond to be valid and enforceable under the law, specific steps must be followed. In India, the validity of employment bonds can be ...ReadMore
Is university fellowship-stipen counted as income for getting RBA certificate
A candidate applied for RBA certificate in Jammu & Kashmir and he is persuing research in university. But his entire schooling is not from RBA area and annual income of his father is exceeding 8.0
1 month ago
A. Dear Client,
To be eligible for a Resident of Backward Area (RBA) certificate in the union territory of J & K, certain conditions must be met. These include submitting an affidavit stating that the applicant has not obtained a Permanent Residence Certificate previously, filling the prescribed form, attaching a Rs. 3/- stamp application, providing migration proof (copy of Ration Card), and offering sufficient evidence that the applicant's family resided in the designated backward area for 15 co ...ReadMore
About experience Certificate
My employer is not giving my experience certificate stating that I'm a daily wage employee. Can I file a complaint against the company
1 month ago
A. Dear Client,
Every employee or worker, irrespective of their employment class or nature, is entitled to receive an experience certificate upon termination, and refusal by the employer constitutes unfair labor practice. In the current circumstance, if you hold a position as a workman under the definition in Section 2(s) of the Industrial Dispute Act, and not a Manager/Supervisor, you should contact the relevant office of the Labour Commissioner to file a complaint against the employer for resol ...ReadMore
Candidate recommended by university for the post of assistant professor
Jammu University shortlisted 17 candidates for interview and selected a candidate for the post of assistant professor and recommended his name but later on while conducting verification of documents,
1 month ago
A. Dear Client,
Utilizing fake certificates and credentials not only jeopardizes the institution's reputation but also raises questions about the legitimacy of degrees and qualifications granted by the institution. Beyond ethical concerns, using fake certificates is illegal. If an employer discovers during any stage of recruitment that a candidate has submitted false certificates, legal action can be taken post-selection, leading to consequences such as candidature cancellation, termination, fine ...ReadMore
Leaves during notice period
I had approved leaved of 8 before I resigned. However, I was told that I cannot take a leave during notice period, even though no written clause mentions this in my contract
1 month ago
A. Dear Client,
While in the notice period, you have the option to take medical or earned leave from your company, but the duration is subject to various factors. The employer holds the final decision on approving leave requests. The employee enjoys similar rights during the notice period as outlined in their regular employment contract, including the same salary, paid sick leaves, and other contractual benefits. It's essential for the employee to professionally communicate their leave request, p ...ReadMore
