Show cause notice from TCS
Show cause notice from TCS
My spouse resigned from TCS four days after she joined because she accepted an offer from another company. However, TCS mandates that she serve a 3-month notice period, which is impossible as she has
1 month ago
A. Dear Client,
As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement that directly or indirectly compels an employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment for better opportunity, even if he/she has agreed to serve the employer for a specific period. In the case where the employer can prove that the employee is joining the ...ReadMore
Employment and Apartment Association
Company terminated employment without any grounds on false allegation of "SC/ST" allegation which is in complaint stating by the complainant that he/she heard saying for their friends in cafeteria. T
1 month ago
A. Dear Client,
It appears from the contents of your query that you have encountered two issues, one is termination from employment on the ground of false allegation and another is vindictive and discriminatory actions of the Society. As regards the first issue, it may be noted that termination from employment other than disciplinary action for a proven misconduct and in the absence of compliance with the mandatory provision of Sec.25F and Sec.25N of the Industrial Dispute Act is considered illegal ...ReadMore
Forced me to resign
Hi, I was working with a company and they asked me to resign due to my leaves in probation period, the scenario is like I had health issues in the beginning and me and my team lead and manager had a w
1 month ago
A. Dear Client,
A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the probationer to regulate or resolve the dispute between a probationer and an employer. In the absence of a specific stipulation in the contract of employment entitling you to avail of sick leave for specified days, you are not eligible for sick leave while on probation. During the probationary period, there will be no entitlement of any kind of leave, ...ReadMore
Regarding legal termination
As my health was not sound enough when i joined a company, in line when i asked or told to initiate quitting process, I was told to serve 3 months but the offer letter didn't mention any such as for t
1 month ago
A. Dear Client,
The Labour Laws and other quasi-judicial laws govern the relationship between an employer and an employee. A Probationer/trainee is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the probationer/trainee to regulate or resolve the dispute between a probationer and an employer. Moreover, in the absence of a specific stipulation in the appointment letter about the notice period required for resignation, the company can ...ReadMore
I work for a private IT firm
I work for a private IT firm. In case it is mentioned in my contract that the organisation can ask me to work in any shift, but my manager is unreasonably asking me to work in odd shift in which there
1 month ago
A. Dear Client,
As regards the territorial jurisdiction of the Labour Court or Industrial Tribunal, the Industrial Disputes Act, 1947 does not make any reference to the aspect of territorial jurisdiction, however, the situs of the place of employment of a workman would be a determinative factor in conferring territorial jurisdiction upon a labour court for deciding a labour dispute. So, even in a hybrid mode of operation of the Company's work, disputes need to be raised where the Company's register ...ReadMore
Prior to joining XYZ company
Prior to joining XYZ company, I was working at ABC company . When first approached by XYZ company HR team on 28th June 2022 with a job offer, I requested for offer letter to serve 15-days notice perio
1 month ago
A. Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
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 conciliation proceedings in the prescribed manner.
(2) T ...ReadMore
Resignation not approved and kept pending
I have resigned my job and applied in the HR portal but my manager is not approving even after several reminders. I am technically in notice period but not sure how to handle this if he does not appro
1 month ago
A. Dear Sir
You may get issue a strong legal notice or take an appointment and meet your highest boss in the company as it seems it is HR creating the problem or approach department of labor.
Dual Employment mentioned on EPFO mistakenly
I rebadge from A company to B company. My A companies last working day was 21 Oct 2018 and B company joining was 1 nov 2018. But B company mentioned in EPFO as Doj as 17-5-2018 which shows overlapping
1 month ago
A. Dear Sir
Your problem can be solved if you approach the concerned authority and submit genuinely and accordingly one of the account may be deleted.
Resignation in Probation Period
I've resigned in my probation period(duration of probation period 6 months). Now they are asking for the Initial Hiring cost + Replacement Hiring cost + Administration cost etc. Is it legal to ask for
1 month ago
A. Dear Client,
If a service bond is in place and significant investments have been made in your training, you may be obligated to repay the specified amount. However, if there hasn't been substantial investment or if the terms of the bond are unclear or unreasonable, you may not be legally bound to repay.
It's common for corporations to use legal notices and blacklist individuals rather than pursuing recovery through civil courts. These tactics are often employed to pressure individuals into c ...ReadMore
Break bond contract without serve service period of 3month .
Break bond contract without serve service period of 3month . Employer send legal notice. 1.Bond draft on company letterhead not in Stamp paper it's legal?? 2. How to reply for legal notice ?? 3. Empl
1 month ago
A. Dear Client,
A service or employment bond does not establish a legal relationship between an employer and an employee unless it follows the necessary steps to make the bond valid and enforceable under the law. The validity of employment bonds can be challenged under Section 27 of the Indian Contract Act, 1872, which prohibits agreements that restrain trade and profession. Such agreements are deemed illegal if they restrict someone from engaging in a lawful profession, trade, or business.
Sect ...ReadMore
