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Anonymous

Posted 8 months ago

I was employed in one of the co. based Gurgaon and i take care of employee salary processing. One day employer found one mistake and asked me to put down my paper , i served 15 days and left out after that co. had asked their internal audit team to do audit for my work There was no communication send to me for any audit since in already left . When i started following up with them for my two month fnf payout they verbally told me that there was error found in your work, tht is extra payout to two employee and also few extra leaves payout happened for your self they also charged me that you used ur position for your benefits and few extra leaves days payout happened. Now pls help me can i ever get my Two month FNF Payout if yes how could i proceed legally . It was pending from last 3 months. Thanks Aryan
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A. First find out whether your employment falls within the definition of the workmen. If yes, then you need to approach the Labour Court. If your employment is of managerial status then you need to need to file your case before the civil court. I need to review your employment contact. You can contact me by getting my phone number from customer care of Vidhikarya
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 8 months ago

Recently police department conducted physical test and I have cleared all the events like running, long jump and shot put but I was disqualified on grounds of my height. Required height is 168cm but my height is 167.5cm. so this height criteria can revised and reduced to 167 with the help of court so that we can become eligible for this post.
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A. you can try by filing a writ petition in the high court however, in most cases court does not interfere as it relates to administrative criteria. But there's no harm in filing a writ petition to try your luck. Contact a local advocate from Vidhikarya for filing a writ petition in the high court
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 8 months ago

I selected in gov job police verification is going on ,but I am in tension because in my college life some students complaint against me for drunk and beatan him.. Principal give me a notice ,said me that you don't join the college before this matter investigation not completed.after 2 day i meet the principal and investigation completed i join the college after principal s permission .No police complain,No fir registered...Can this matter affect my government job
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A. need not worry as it will not affect you from availing government job
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Hi, My employer is suddenly asking me to resign withiut any reason. I asked them to terminate me but they are not ready to do that,as per my contracr if i resign rhen i need to serve 3 months notice period but they are simply asking me to resign and leave the company right away. What should i do now to fight this legally?
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A. Facts not clear. You did not mentioned about your designation. Does your employment falls within the definition of workman. Only after ascertaining that a protest notice is required to be served upon your employer. For consultation you can contact me
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

khushboo rathi

Posted 10 months ago

What is termination law as per clause 7 (iii) 2 ?
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A. Facts not clear.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Kumari Pooja

Posted 10 months ago

I went on maternity leave o. 19th March 2018 and notified about my leave till 4th Oct to HR and reported on 5th Oct.. they sent a n email on 11th September asking to join on 17th sep.as 26 weeks completed on 16th September. I replied to that email that I applied for leave till 4th Oct and hence I am reporting on 5th Oct ... When I reported on 5th they first tried to tell me that I have reported late and hence should serve .A notice period.of 3 months and then leave ..Later on towards evening they started exchanging emails on termination without any discussion with me and by 8th Oct a termination letter was sent to me ... I tried speaking to CEO on this matter , sent him an email as well but he did not respond till.date .. I also write to board members on the issue 2 days back and even they have not replied till date. How should I go about making them withdraw this termination ? I did take additional.leaves but it was informed to them in the beginning itself and again on 11th September..They never corrected me on the date sin the beginning and now making it a big issue and a reason for termination.
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A. The Maternity Benefit Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Section 12(1) of the Maternity Benefit Act 1961 states that when a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence. No woman employee can be dismissed on account of her pregnancy. It is the right of the employee to get medical benefits since such grant of maternity benefit is according to the mandate of the law. Complaint to the Designated Govt Official under the Maternity Act.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Dear All respected adviser's I have given resign to the company where I was working and the gave me salary cheque but payment of cheque has been stopped by employer and check got returned now employer is asking to return back old cheque and then they will do rtgs but I am sure they will not give any money so pls advise what to do now
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A. Serve a legal notice for dishonour of cheque u/s 138 NI Act and thereafter file a criminal proceeding before the JM/MM. Alternatively if your employment falls within the definition of the 'workman' then you can raise your grievance before the Labour Commissioner or labour court.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Dear sir I am pratap sagar seth. I have worked as senior project manager (c) In Ashoka University Sonipat (Hr) since from May 1 , 2014 to Feb 15 2017. I have got my starting salary Rs- 90000\ p.m & last salary Rs- 110000\p.m in the favour of IFRE ( INTERNATIONAL FOUNDATION FOR RESEARCH AND EDUCATION). They have taken my resignation by forcefully by giving me torture. I have worked there 2years & 10 months . Now i am job less since from 1years & 8 months . I have tried my best for searching the job but in vain due to resection in construction work (civil engg ). My parents & children are all dependent on me. Now it is very difficult me to nourish them. But construction work is going in Ashoka University. Can i rejoin there by some legal documentation. Pls advice me. Regards pratap sagar seth
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A. need to review the appointment letter and resignation notice
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Hello Sir/Ma'am, I was working with Pvt company based at Nodia for 8 years. Last year I left my job, I have submitted my all the KYC documents and PF form to the last employer and continuously taking follow-ups from the HR for updating the details and process for pf. They were not supporting, in this scenario what should I do? kindly guide
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A. Give a legal notice to the company and make a written representation (Grievance Redressal Officer) and the EPF Commissioner under Employees Provident Funds & Miscellaneous Provisions Act, 1952.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Sandeep Anand

Posted 10 months ago

Sir I was working in Punjab National Bank from 2010 on clerical cadre. I was suspended from my service on 17/06/2013 for matter not attributable to me. After a long silence bank started departmental proceedings on June 2015. After inquiry the disciplinary Authority imposed "DISMISSAL WITHOUT NOTICE " punishment. I then appealed to the Zonal office and after hearing my plea the Appellate Authority setting a side previous enquiry ordered fresh inquiry. Now Bank is treating me as ex employee. I had given several letters to the Disciplinary Authority for reinstatement of my service in the light of the order of Appellate Authority. But still no action has been taken till date. Please give me suggestions so that I could take a right step.
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A. Need to review the order of the Appellate Authority to check if there is any direction for reinstatement of your service. Since you had only mentioned in your writing for fresh enquiry it does not mean reinstatement of your service. Let the enquiry be completed within the statutory period, if not initiated then file a writ petition for appropriate direction.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

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