Is it legal to terminate employee who is working in the company more than 25yrs
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.
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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.
Thank you very much. Please give the answer a rating.
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
What is the gratuity eligibility on completion of 4 years, 7 months, 24 days
Hello Sir/Mam, I was worked for a private IT company 5 days working a week for 4 years, 7 months and 24 days. Now when i asked company to pay the gratuity amount. They deny it saying i need to comple
2 years ago
A. Hello
The Gratuity amount in India is governed under the Payments of Gratuity Act, 1972. Provision regarding payment of gratuity is given under section 4 of the act. According to those provision to get the gratuity amount employee must have completed 5 years of his service with the employer to become eligible for gratuity amount. So, your five years are not completed yet therefor, you'll not be getting gratuity.
Thanks.
Ayantika Mondal @ Prime Legal
Is serving Notice Period is mandatory if I do not want the Experience letter?
I Joined the company and 2 days later I resigned. Now they are asking me to serve the notice period of 2 months or else to pay the notice pay. Can I leave immediately if I do not want the experience l
2 years ago
A. If you have employment contract which states notice period mandatory than its breach may put you in legal hassle if your company wishes to take any legal action against you, however it is advisable that if you don't want to serve notice period better talk to your organisation's concerned person and negotiate with/request him/her to waive off the notice period in your case and you may offer them to not give experience/recommendation letter in return but if they take the notice period waiver in wr ...ReadMore
Vaidehi Samant
Promotion issue
Promotion policy has been changed many times since I joined the company affecting my career. I won't have joined if I knew this.
2 years ago
A. Hello
There is much less options if you are working in a private company as they reserve the rights to change the rules regarding promotion. But you could still file a suit if it's any how violatiing your fundamental right. But if you are working in a government company then you could file a suit against the company's arbitrary policy changes ij the high court.
Thanks
Please rate if you find this advice helpful.
Ayantika Mondal @ Prime Legal
Gratuity Payment
I have completed 4Y7M2D (4 Yrs 212 Days) with org in Pune Maharashtra. Org (establishment) works less than 6 days a week. Am I eligible for Gratuity? There are speculations about 4y190d and 4y240d. Se
2 years ago
A. Hi,
S.4 (2) of the Payment of Gratuity Act pronounces that for every completed year in service in excess of six month, the employer shall pay gratuity to an employee. So, if an employee completes 4 years and 6 months of continuous service then he shall be eligible for the payment.
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Ayantika Mondal @ Prime Legal
Bsnl telicom employees pention releted
Respected sir Sir mere papa bsnl me 2001me joining kiye Assam me waha se transfer huye bihar 2006 me.ab retirement hone wale hai june 2021me .ab tdm bsnl bihar ka bol raha hai apke papa ka galti se
2 years ago
A. Hi,
You have two legal recourses to claim the pension. You may have to register a complaint before the office of the labour commissioner regarding the abstention of the pension. Additionally, you can also file a complaint before the State Pension Regulatory commission.
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Ayantika Mondal @ Prime Legal
Bond break
I am working in company who have 3 year Bond of 2 lakh rupee. I complete 1 year in this compnay . I want to quit this job any want to join another company. they give panalty of bond money
2 years ago
A. Dear client,
When you executed a bond you have to obey the terms and conditions of the agreement or bond. If they ask to pay the money for terminating the bond it is better to pay them. If not they will take legal action against you.
If my suggestion is helpful to you pls rate me
BANDARU RAJYA LAKSHMI
Not received salary and Experience letter
I have given resignation and served notice period inspite of that not getting experience letter and two months pending salary
2 years ago
A. Send them a legal notice for this.
You can also initiate ODR- Online Dispute Resolution process on Vidhi Samaadhaan through this link https://www.vidhikarya.com/online-dispute-resolution and try to get it resolved.
