icon NOC from employer for obtaining passport

I work as a mechanical technician in Eastern Railway, Howrah, West Bengali. Wanted to apply for a passport but there is a massive partiality exists in our department. The administrative employees, cle


A. Hello,
There is no need to be concerned; as you correctly said, you have been granted the authority to get a government-certified certificate. If someone tries to prevent you from receiving the certificate, you can go to your local police station and file a report.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Query about overtime in India

I have completed 5 days working (Mon-Fri), now my manager is asking me to do overtime on Saturday which i do not want to do. Moreover i am also not getting my week off swapped. How to tackle this sit


A. Hello
As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.
If you manager is asking you to do more work then you could file a complaint against him the labour commissioner office.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Maternity leave in private dental clinic

I am working in dental clinic. Do i eleigible for maternity leave or not? I am 5month pregnant. How to apply for maternity leave.


A. Hi,
Large PSUs/Public limited companies, public /private sector banks and larger private sector companies grants maternity leaves to their women employees, varying from 90 days to 180 days. Some organizations also permit their women employees to extent leave upto one year (with or without pay). They even provide the facility to cover expenses during delivery in a good hospital for all employees. Some companies even provide health insurance benefits and other allowances to their women employees. ...ReadMore

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Inter caste marriage and Posting

Sir, I am employed at Kerala Government and my wife is in Andhra Pradesh at Canara bank as Assistant manager. Is it possible for getting us posted in a same or nearby station in kerala itself ?


A. Dear client,
Your wife can approach her higher authority or union authorities as there is a rule spouse can ask transfer where the other spouse is doing work.
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Latest Response 2 years ago
BANDARU  RAJYA LAKSHMI

BANDARU RAJYA LAKSHMI

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon EPF Family Pension Regardings.

my father was an employee of a company and was entitled under EPF scheme. He dies in Jan,2008. My mother received his PF benefit in 2011, but my mother fell in Cancer disease in 2011 and repeatedly su


A. Hi,
All members of EPFO are automatically enrolled for the Employees’ Pension Scheme (EPS). Under this scheme, a member becomes eligible for a pension after retirement at the age of 58 years. It has to be submitted by the first claimant i.e. member or widow/widower, orphan, or nominee as the case may be. In your case, please contact the company and detail about the issue.
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Latest Response 2 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon Can a central government job seeking candidate have shares ?

I have 7+lakh worth shares/stocks in my demat account. I am not a central govt employee now. Can I have shares now of that much value and planning to join central government job in coming few months.


A. Hello
Shares and Stocks in your demat account are your personal asset. They would not create any problem for you to get a job in central government.
You could surely have shares of that much amount or of more amount.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Company asked me to leave after probation period As my employment not confirmed

Company asked me to leave after probation period As my employment not confirmed Due to : - 1) Manager doing many unethical practices he was fearing I will update to management (Proof I have). 2) Not


A. Dear Sir/Madam,

After completion of the probation period, it is the discretion of the employer to put you on permanent role or not. If you have proof regarding the issues he has made for you, then, you must complaint this to the head of the department before you leave the job.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Job termination without legal formalities & without notice period.

Job termination without legal formalities & without notice period.


A. Greetings, Sir
Your boss made a mistake when he fired you without giving you any notice. Sending a legal notice to give you the notice term and income for the same period is recommended. If they do not, you have the option of filing a labor court complaint as well as civil litigation against the employer.
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Latest Response 2 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Can I get my gratuity amount as it's a private institution.

I am an Engineering College employee. I had resigned from job on 5/4/2021 and got relieved on 31st July 2021. During my notice period employer deducted my 20% of my salary with all employees due to co


A. Hello
Gratuity amount is equal to one fourth of the last drawn basic salary of an employee for each completed six-month period. But there is a condition which you need to full fill. You must have atleast worked with employer for minimum 5 years in order claim gratuity.
Also it would be difficult to get back the deducted salary as the 20% salary was deducted from everyone's salary not only you.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Non payment of salary by a PSU

I am working in a PSU in India. I am a permanent employee in executive level. My company pays only 25k monthly as interim salary citing financial issues of company. This interim arrangements is being


A. Dear Sir,
You may approach Central Administrative Tribunal or High Court to solve your problem relating to getting arrears of salary since you are permanent employee. You have to approach chartered accountant to solve your tax problems.

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