Compensation paid to private company
Compensation paid to private company
I left Private foreign bank( RBD / Natwest Gurugram ) within few days of joining on medical grounds. Company has taken Rs 98k as recovery from me. Can i take refund as i quit on medical basis. I am st
1 year ago
A. Dear Sir,
You should have not paid such amount any way you may lodge complaint with office of Labor Commissioner under following provision of law.
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(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 gi ...ReadMore
Gratuity eligibility
I am completing 4 years 8 months in a company and last day is 28th Nov 2022 and joining date was 28th March 2018. Am I eligible for gratuity ? please confirm.
1 year ago
A. Dear Sir,
4years 240 days is enough for claiming gratuity.
https://www.linkedin.com/pulse/employee-benefits-india-payment-gratuity-what-himachali-gphr/
https://www.linkedin.com/pulse/gratuity-required-complete-5-years-continuous-service-rahul-kumar/
\\\"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 ...ReadMore
Subhashis Paul
leave encashment from old company not settled till ow
My leave encashment is not settled by old company
1 year ago
A. Dear Client,
Please consult a lawyer near you, and prepare a legal notice and send it to the company. This legal notice should contain the details of the deficiency and also how much compensation the company owes you. If this matter is still not resolved with the legal notice, please consult the lawyer and file a petition in the court.
Thank you so much, I hope this answer helped you.
Subhashis Paul
Gratuity Denied for 4 years and 194 days service
I was working with an Organization in Mumbai from 16 Jan 2018 to 29 July 2022 that is 4 years and 194 day. My office works for 5 days a week. Now after relieving they are denying me gratuity citing th
1 year ago
A. Dear Client,
Section 4(2) of the Payment of Gratuity Act spells out the condition on the eligibility of an employee for gratuity in the event of him not completing the full five year period. The section says that for every completed year of service in excess of six months, the employer shall pay gratuity to an employee. That means if an employee works in the establishment for more than 6 months in a year, he shall be eligible to get gratuity at the prescribed rate. So, if an employee completes ...ReadMore
Job and mental illness
I am clinically diagnosed with Bipolar Disorder and taking medicine for the same. I have the prescription. Will authorities create problems if they come to know i am mentally sick however i am perfect
1 year ago
A. Dear Client,
If you can get a letter from an experienced practicing psychiatrist that you are eligible to work with no issue due to your health condition, then no one cannot legally fire you just because you have one of the following: a physical or mental impairment that substantially limits one or more major life activities.
Thank you so much, I hope this answer helped you.
Illegal Termination - company is threating
My company is threating me because I uploaded the video in the social media of there cheating with customers After that my company seen that video. After they threating me I don't know what to do next
1 year ago
A. Dear Sir,
Yes, you cannot do such things being a sub-ordinate to your Boss. At the most you may resign the job and lodge a complaint against the company bringing out such cheating to light.
Gratuity denied - worked in an organization for 4 year
I had worked in an organisation for 4 year 9 months and switched to new organisation . In my final settlement gratuity amount is not settled . VERBALLY HR has said that since I have not completed 5 ye
1 year ago
A. Dear Client,
Section 4(2) of the Payment of the Gratuity Act spells out the condition for employee gratuity if he/she has not completed five years of service.
The section says that for every year of completed service (more than six months), the employee can receive gratuity. As an employee, if you work in an organization for more than six months, you are entitled to get the gratuity.
You can calculate your gratuity amount, using the following formula:
Gratuity = N x B x 15/26
In the above fo ...ReadMore
Layoff: Company doesn’t agree to pay variable component and retention bonus
My company has laidoff within 10 months of my service. I have variable pay and retention bonus components in CTC. Is company liable to pay these two components as it’s their decision to discontinue
1 year ago
A. Dear Client,
If you were terminated before the annual variable pay was decided you might not be liable to get the same as this pay depends on the work and contribution of the employee. For the retention bonus pay you will not be entitled to payment if you exit the organization before the due date of the retention scheme.
You can consult a lawyer near you in regards to the same as he can understand your situation better.
Thank you so much, I hope this answer helped you.
Experience certificate
I have worked in an organisation for 3 years and relieved from duties by organization but now they are denying my experience certificate
1 year ago
A. Dear client,
No employer can deny giving you the experience letter if you have completed your notice period , you can talk to your HR regarding this and legally you can also consult to legal person regarding this.
1. Meet the head of the company and request him/her to issue your experience & relieving letters.
2. Try to scare your employer that you are going to contact a lawyer or labour department office.
3. Send a lawyer notice (or) complain to the labour department about the issue
Being terminated for doing free lancing job along with full time job in IT
Recently my company got to know about my side job that i do in free time and they are planning to terminate for that reason. Though there has been no conflict of interest or misuse of any information
1 year ago
A. Dear client,
In India, we don’t have a blanket law covering “can an individual works (freelance) while being employed full time with an organization”. There are lots of grey areas when it comes to multiple employment in India.
Most organizations have their own rules n regulations regarding this. While some organizations do not allow this, some allow it under certain conditions like,
The work should not be the same as what you are employed in or your primary skill
- Cannot work for any co ...ReadMore
