Whether to resign or accept the offer letter?
Whether to resign or accept the offer letter?
I have resigned on Jan 2021 due to work load and health issues. As per company norms there is 3 moths notice period. I have asked my MD to accept my resignation but they have asked me to continue wi
2 years ago
A. Dear Sir,
If you do not require any experience certificate then you may resign immediately and join new company. In most cases corporates never approach the Civil Courts to recover a small amount of three months notice period.
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Office not issuing Relieving Letter
Was Working with Reputed Listed Company till 18th June 2021, Officially resigned with 90 days Notice period even after a week not received Relieving letter, Company stating as per company policy Relie
2 years ago
A. Hi,
Generally the company takes 45 days to settle the full and final settlement of payment and relieving letter. What you could do is to ask the company to provide you with relieving letter first and could do the final settlement in the 45 days. If they don't provide with the same within 45 days, you could send them a legal notice claiming the same.
Thanks.
Ayantika Mondal @ Prime Legal
LEGAL NOTICE FROM COMPANY FOR FULL FINAL SETTLEMENT
Dear sir i resigned from a company because of they wrongly cut off my salary for medical benifit by which period i have not done any tests.but now without replying my mail hr department sending me leg
2 years ago
A. Hi,
You can approach the State employment dispute redressal and register a complaint with them regarding the legal notice. You can also approach the labour commission and get the issue resolved.
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Can I claim interest on gratuity?
Dear sir / madam I getting my gratuity after 7 years as i have claimed late ... do am I eligible to get interest or else due to late claim i will not get interest for gratuity?
2 years ago
A. Hi,
The gratuity amount must be paid within 30 days of the employer receiving the application form. If the employer misses the deadline, he must pay the gratuity amount and simple interest which is incurred on it. However, you have made the delay, therefore you may not claim interest.
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Ayantika Mondal @ Prime Legal
Pardeep Kumar Dhiman Dhiman
Can I get gratuity after 7 years?
Dear sir / madam I have applied for my gratuity after 7 years ... do am I eligible to get gratuity with interest or else due to late claim am not eligible?
2 years ago
A. Dear Sir,
Yes, you are eligible. If your service rules identifies the same because most of the organizations requires more service.
The amount of Gratuity is equal to 15 days salary for every completed year of service.
Gratuity calculation is (Last drawn Basic+DA)/26 X 15 X No of completed years of service Here, we need to consider service above 6 months in the last year as next complete year. However this adjustment is subject to completion of 5 years of service. It is purely the employers c ...ReadMore
Can the company take legal action if I don't serve the notice period?
I quit my job and wont be able to serve the notice period due to personal reasons, the offer letter I signed had no mention of notice period on it. Furthermore notice period was introduced(after 6mont
2 years ago
A. Dear Sir,
If you have not signed any bond with the Company then it cannot initiate any action. Even otherwise they cannot take any action under Section 27 of Indian Contract Act. It is better to close the matter by issuing a letter intimating them about your urgency to exist from the company without notice.
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What action can be taken against Illegal Termination?
I have been hired by a company on 31st Aug 2020 on contract to hire basis where they have mentioned that I will be a permanent employee of their company and they will deploy me at their client site. W
2 years ago
A. Dear Sir,
You may get issue a legal notice and also approach office of Labor Commissioner under Section 12 of Industrial Dispute Act. Such office has vast powers to mediate the matter and settle amicably. You can also approach Civil Court for wrongful termination claiming compensation.
Is it legal to terminate employee who is working in the company more than 25yrs
Hello, my father is working with a Pvt ltd company from past 25 years, but now they're showing some paper and telling my father to leave the company intact he is just 57 yrs old, it is not his retir
2 years ago
A. Hi,
There are several labor laws in India against wrongful termination of employment. If the wrongful termination is done on the basis of discrimination due to age, gender, race, caste, etc., it is a violation of the fundamental rights of a person given under the Indian Constitution. You can directly file a writ before the High Court or can even refer to your dispute to the labour forum.
If you find my answer helpful then kindly rate me.Click here for Labour and Employment Lawyers https://www.v ...ReadMore
Ayantika Mondal @ Prime Legal
Is it legal to terminate a pregnant woman under maternity law?
I am working in a company at mumbai city.I am 5months pregnant and this is known to my manager.Now I came to know that my company is on the verge to terminate some people (since most of the senior man
2 years ago
A. Hi,
Because the employment selection is based on merit, ma'am, the termination will also be based on merit. However, according to Indian law, unilaterally terminating your service term while your absence is unlawful. Try talking to your employer and let them know the position of your income and the circumstances you are in, I am sure the employer would accommodate you.
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Ayantika Mondal @ Prime Legal
For parmenent in divisional sports , post rector girls hostel
I am serving from 2012 and i also have appointment of that time but now they have appointed a new rector and removed me
2 years ago
A. Hello, you may review the contract that was handed to you at the time, as well as the duration of your appointment. The authorities cannot dismiss you from your employment without providing you enough notice. If it is done in that sequence, you can take the matter to a labour court or even sue the authorities for compensation.
Thank you very much.
Ayantika Mondal @ Prime Legal
