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Can a Employee not to give notice period for termination of employment in case of non payment of previous 2 month salary?
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A. Dear Sir/Mam, There are two aspects in your case. 1. Non payment of salary by the Employer. 2. Notice period for termination of employment. In the first scenario, it is the duty of the employer to pay you the salary. If he has withheld your salary, you will have to send him a Legal Notice for recovery. This action from the side of the employer cannot be swapped for not serving the Notice period. The notice period is served by the employee to the emmployer. You have the right to your salary likewise the employer has the right for getting the termination clause executed as per the agreement. These two actions are separate and distinct from each other and cannot be used alternatively.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Can a Employee not to give notice period for termination of employment in case of non payment of previous 2 months salary?
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A. Dear Sir/Mam, There are two aspects in your case. 1. Non payment of salary by the Employer. 2. Notice period for termination of employment. In the first scenario, it is the duty of the employer to pay you the salary. If he has withheld your salary, you will have to send him a Legal Notice for recovery. This action from the side of the employer cannot be swapped for not serving the Notice period. The notice period is served by the employee to the emmployer. You have the right to your salary likewise the employer has the right for getting the termination clause executed as per the agreement. These two actions are separate and distinct from each other and cannot be used alternatively.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Sudhansu Kumar Behera

Posted 11 months ago

Dear Sir, I was working as employee in a NGO. I had worked One Year in their organization. Already I've left from that NGO. After resigned I had asked my increment amount with Final Settlement. But only they want to give my Final Settlement Amount, they have denied to give increment amount of past seven months of my salary. But the other staffs who were joined with me, they got their increment amount of their salary. They had also taken the PF amount of that increment amount from me which was paid by that NGO in my PF account, by telling lie. After that I came to know that amount was belongs to my increment amount. I want to go to Labour Court to get my increment amount & PF amount of that increment amount. Please advice me, is it right step & if no, so how can I get my increment amount & PF amount of that increment amount.
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A. Dear Sir, Please share the apointment letter for a review in order to get a precise advice. Your query in relation to their deducting the pf amount from your salary is as understood is "They had deducted more amount from your salary by stating that it will be deposited in your pf account but they have not done the same. You must have the salary slips with you. Have you signed any agreement or contract or given any letter to the employer that you want to deposit more money in to your pf account. The money deposited in the pf account from both the sides can be tracked from the official website of the pf department. Before approaching court, it would be an appreciable gesture to take precise advice.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Nidhi Soni

Posted 11 months ago

I am a gov. teacher in mp. When I got job I was unmerried. Now I have three child. Is it harmful for my service. Plz answer !
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A. Dear Mam, There is nothing for you to worry. it is a fact that people will get married and that they will become parents also. These reasons can never be a bar or problem to your service.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
I am working in company. my boss ordered to bring a 5KG gas cylinder from another division of our company. When I was bringing. It the cylinder fell down from bike and lost somewhere. I searched for it but I did not get it. When it told it to my employer he asked me to pay for the cylinder and demanded new cylinder. I have to pay for this now. I want to ask whether is it legal act as done by employer? Can he ask me to compensate?? Please. Help me.. cylinder cost 5000.
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A. Dear Sir/Mam, Your post narrates that you have been asked to bring a 5kg cylinder by your boss. Is this a part of you job? Was it just asked voluntarily? The cylinder in question is a 5kg one which got lost and could not be found on search is not digestable as because the cylinder cannot be so small in size that it could not be traced. It could have fell down from the bike due to twists and turns but will make a sound on fall, it will roll on the streets until and unless it comes to a halt by an external force or hits a stationed pillar or something. Request you to please share the true story for an advice.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
I had been working in an automobile dealership as senior manager since past 1.5 years.Recently last month i had resigned from my job due to personal issues.My resignation was accepted and i had completed all the exit formalities.But till date after several follow ups they have not credited my salary into my account.Kindly guide me can i approach labour court or do i have to file a civil suit against them.
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A. Dear Sir/Mam, Before aproaching labour court, you need to send them a Legal Notice demanding your requisites. In case of no reply then you may proceed ahead with filing of suit. The sending of Legal Notice is the first step. Generally a company or a defaulter pays on receiving a Legal Notice under a good banner, because they know if the matter goes to Court of Law, then they will have to pay more. You may use the "Consult" button for further advice in this regard.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
I was working in a management role for a MNC in Gurgaon. The employment letter is silent in terms of termination with notice. I was being harassed, bullied, humilated by my manager. When I escalated to higher management, instead of initiating a case, they disclosed my concerns to my manager. He with higher management conspired to terminate me. I also met with an accident on duty. Office doc said they can't define recover period. Despite which I was terminated without any notice and not paying damages for the accident etc. After termination, I sent an email to Ceo, after which they said they initiated an investigation but ICC was not there. They are not even providing my details like payslips etc
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A. Dear Sir/Mam, You should send them a Legal Notice without further delay. If they do not respond then further legal action will be taken against them.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Hi, Thank you for your time and attention. I was working or a company called Wardrobe Treasures for almost 6 months whereby I i first started as freelance merchandiser or 2 days a week and later came on board on full time basis. The company had been paying my dues Late,but yes every month. But when I had put down my resignation and later expected the months salary to be cleared in the coming month, the owners have backed out on their verbal agreement and not even responding to any of my emails or messages now. Its been more than 7 months. Out of trust I had never taken an offer letter from them as it was a freelance agreement and they have been deducting professional taxes too while paying off my dues every month. I have the emails and many of the messages saying that they will clear off my dues. But now they are backing out. Can I file a consumer or labour case against them. i am a person with simple and humble earning, hence please do not suggest a very extravagant way. I had already suffered a lot in the months when they lied to me about clearing my payments.
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A. Dear Sir, You have to first send them a Legal Notice and then if they still do not make payment then file a case against them.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
I am working in a private company, a subsidiary of government company, in Mumbai. My Company provides me 21 days of casual leaves and 5 days of sick leave and no casual leaves. Casual leaves can be en cashed only for 7 days and other get lapsed. Further the leaves cannot be accumulated nor can be encashed at the time of leaving the organisation. Is the Policy of the Company valid in view of the following acts i.e. factories act, 1948 and Maharashtra shops and establishment Act, 2017 and any other employment acts. Further can be the policy of the Company be challenged in the courts and can the above acts can override the policy of the Company? and what are the minimum leaves and encashment should be provided by the Company as per the rules in india and which acts are applicable to the Company for determining the leaves and encashment details ?
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A. Dear Sir, Please consult for an advice
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Hello, I am working in one of the OEM company based on Manjusar, Savli. I gave resignation in current organization. My notice period is 90 days. But my joining of the next company is after 40 days. They hold my salary and they told me they do not give salary on notice period. Also they are not given any conformation letter after the complication of probation period. Without conformation notice period is applicable or not?? Kindly provide proper solution to me. Regards, Krunal Joshi
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A. Dear Sir/ Mam, Please share your documents for an advice. The documents include all the documents related to your case and available with you.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

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