gartuity rules
gartuity rules
I resigned from my previous company in Dec 2023 after completing the 6 years and 10 months in the company. The company is 8 years old and implement gratuity in April 2023. my question is will i receiv
2 months ago
A. Dear Sir,
4years 240 days is enough for claiming gratuity.
"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 been stated that if an employee has rendered continuous service of 240 days in the fifth year of service then for the purpose of calculation of gratuity, it must be considered as if he has completed FIVE years o ...ReadMore
Earned leave
I require advice related to Earned leave laws in Maharashtra for aided institutes. Can the head of the institution deny my leave application? What are the conditions under those I can apply for earned
2 months ago
A. Dear Sir,
You may contact local advocate who is having deep knowledge in the subject matter involved so that you can get effective legal advise.
Full n Final Settlement- Relieving and Experience Letter not Provided by Employer
As per my Employer Appointment Letter, I was having 3 months notice period, so I asked my employer I will serve notice period of 1 month and will buyout the 2 months notice period as per the clause g
2 months ago
A. Dear Client,
If an employer withholds full and final settlement dues, as well as relieving and experience letters upon the cessation of employment, it constitutes unfair labor practice. In the given scenario, if you qualify as a workman under Sec.2(s) of the Industrial Dispute Act, 1947, you can serve a legal notice to the company and approach the office of the Labor Commissioner to file a complaint against the company for alleged unfair labor practices. Additionally, you can file an applicati ...ReadMore
Legal way to cancel a issued experience certificate
I am a govt officer. I accidentally give an experience certificate to a daily wage employee. He got signed the certificate by placing the certificate between other documents that I was signing. I acci
2 months ago
A. Dear Client,
If your official position in the government establishment doesn't allow you to issue an experience certificate to a daily wage earner or contractor worker, you can annul or cancel the previously issued experience letter. Issue a revocation letter to the concerned individual, requesting the return of the original certificate. It's advisable to meet the person, collect the original certificate, and obtain a receipt for your revocation letter to close the matter amicably. In adherenc ...ReadMore
Resignation on PIP
I resigned after 15 days of my PIP for which I was not given any plan to improve. It was just informed verbally that CEO is not happy with me and One of my client escalated something to my HOD. I resi
2 months ago
A. Dear Client,
A Performance Improvement Plan (PIP) is a tool aimed at providing an employee with performance deficiencies an opportunity to improve. However, termination for unsatisfactory performance might be considered retrenchment. In such cases, employees should be given 1 to 3 months' prior notice or payment in lieu of notice, as mandated by Sec.25N(1)(a) of the Industrial Dispute Act, 1947, provided the employee is a workman under Sec.2(s) of the Act. If terminated illegally, the employee ...ReadMore
Rectification of Injustice service condition of Teaching staff -related
In Government Polytechnics, the lecturers teaching English, Mathematics, Physics, Chemistry with qualifications M.Sc/M.A. are placed in a department called FIRST YEAR DEPARTMENT. Eventhough these subj
2 months ago
A. Dear Client,
Government Polytechnic colleges operate with approval and affiliation from the state-specific Council of Technical Education. AICTE approves diploma-level institutions, including polytechnics, for offering courses to working professionals. Both the state-specific Council of Technical Education and AICTE regulate various technical, non-technical, and conventional courses in India. If you have a grievance, you can raise it online with these authorities. If the issue remains unresolv ...ReadMore
Employer reverting back LWD employee
I am working for an abc company from 2020 . In Jan 2024 I have submitted my resignation letter for which I was asked to serve the notice period of 90 days. But later after all my project dependencies
2 months ago
A. Dear Client,
It appears that the company has engaged in unfair labor practices with the intention of harming an employee's career. When an employee resigns following the terms of the appointment letter and serves the notice period, any arbitrary revocation of the approved remission in the notice period by the employer can be challenged under Section 27 of the Contract Act, 1872. This section prohibits agreements that restrain trade and profession. According to Section 27, any terms forcing the ...ReadMore
Employment overlapping
I have few month overlapping in my previous Organization . Although i was not productive in previous company. HR told me that they cant release immidiataly hence they keep me active in system as per t
2 months ago
A. Dear Client,
Discrepancies in EPF records regarding overlapping service between previous and current establishments can lead to future disputes. In the case of contradictory joining and exit dates in both Company A and Company B, PF records may indicate dual employment until the anomalies are rectified by the respective employers. To address such issues, a joint declaration form is utilized for correcting Provident Fund (PF) member details. This form, signed by both the employee and employer, ...ReadMore
Rights to Female Consultant for Financial Harassment
What are govt. support to female full time consultant if company denies to pay her services fees?
2 months ago
A. Dear Client,
The failure to pay consultation fees to a full-time consultant by a company can be considered an unfair trade practice. When a company engages a consultant for a specific job without offering salary, benefits, or perks typically provided to employees, it establishes a consultant-client relationship. The absence of a clear agreement or contract detailing the terms of consultancy can complicate matters. In this situation, it is advisable to engage a lawyer to send a legal notice to ...ReadMore
Salary Hold and Refuse for reliving
Dear Team, My previous employer has hold my 40 Days salary and refuse to provide reliving and experience Letter of 2.5 Years serving. I honestly work for company and gave outstanding result during my
2 months ago
A. Dear Client,
Your situation appears to involve victimization and unfair labor practices by the company. Upon tendering your resignation in accordance with the terms of the offer or appointment letter, the employer is generally not permitted to withhold relieving letters, experience certificates, or Full and Final (F & F) settlement dues without valid reasons, especially when there is a buy policy for the notice period.
To address this, it is recommended to serve a legal notice expressing your ...ReadMore
