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I had been working in an automobile dealership as senior manager since past 1.5 years.Recently last month i had resigned from my job due to personal issues.My resignation was accepted and i had completed all the exit formalities.But till date after several follow ups they have not credited my salary into my account.Kindly guide me can i approach labour court or do i have to file a civil suit against them.
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A. Dear Sir, Since you were senior manager, labor laws not applicable. You have to get issue a legal notice and then go to Civil Court by filing suit for recovery of salary. You will succeed.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Bhandari Law Firm Advocate & Attorneys Experience: 5 Year(s) Chandigarh
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Ashish K Dongre Experience: 12 Year(s) Thane
If a employee resigning due to medical problems, can the employee refuse to work on notice period? And also can resign smoothly from company?
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A. Dear Sir, What ever the grounds may be you must take your employer into your confidence to avoid unnecessary troubles in your future career.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Ved prakash Shaw Experience: 38 Year(s) Bhubaneswar
Ashish K Dongre Experience: 12 Year(s) Thane

Anonymous

Posted 1 year ago

I was working in the small company, they were not paying the salary on time. I requested them multiple time still they were paying in installments. I worked in that company for 5 months and 3 months salary was pending. I had quit the company, Now they are not paying the salary. They have send the notice saying that i have violated the company policy. I have replied with the help of lawyer. After that Its more that an month, no reply.. How to proceed.. Please help. Thanks
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A. You can file complaint in labour court
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SANJAY Kumar Exp: 7 Year(s) Sonepat
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hi, My father was working in ESI corporation. He expired in Dec-2011 My brother completed studies in 2014 and then we applied for job for him. It was turned down basis economic status. My brother got a job in some other semi-govt cmpny.. But someone told us that it was our right to get the job. Can we apply again and is it our right
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A. You can provided you hire a service advocate and file WP.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore
I was working in a management role for a MNC in Gurgaon. The employment letter is silent in terms of termination with notice. I was being harassed, bullied, humilated by my manager. When I escalated to higher management, instead of initiating a case, they disclosed my concerns to my manager. He with higher management conspired to terminate me. I also met with an accident on duty. Office doc said they can't define recover period. Despite which I was terminated without any notice and not paying damages for the accident etc. After termination, I sent an email to Ceo, after which they said they initiated an investigation but ICC was not there. They are not even providing my details like payslips etc
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A. Dear Sir, Get issue a legal notice and then approach the Labor Court or Civil Court Or High Court for remedy. The law on notice period is as follows ========================================================================================================== Is notice period (3 months) legal in India? It may help to think of a buyout agreement as a sort of "prenuptial agreement" between co-owners: It determines what will happen if your corporation's owners decide not to stay together 'til death do them part. The law provides remedies if a promise is breached or recognizes the performance of a promise as a duty. Every document signed in India is legal in India provided that: • Adhere and comply within the jurisdiction of the law/s such labor law etc.. • Not Forbidden By Law such as in IPC act 1860. • If Permitted It Would Not Defeat The Provisions Of Any Law (other subsidiary law such as FEMA, SEBI etc) • Does not Opposed To Public Policy. Conclusion: On the basis of above discussed, it can be easily understood that the ambit and scope of section 23 of the Indian contract act 1872, is vast and therefore the applicability of its provisions is subject to scrutiny by the court of the consideration and object of an agreement and the agreement itself. Therefore, in order to bring a case within the purview of section 23, it is necessary to show that the object of the agreement or consideration of the agreement or the agreement itself is unlawful. I'll keep it short and simple: Either party - employer or employee can terminate the contract by giving sufficient notice or compensating accordingly. In such a case, employer is bound to release the employee without any fuss, assuming that either of the above two conditions are met. So, if your organization doesn't allow you to buyout the notice period, please feel free to knock on the doors of the Indian judiciary. The following key issues should be highlighted: • A 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience, with 15 days’ pay due for every year worked. In the case of manufacturing units, plantations and mines with 100 or more workmen, termination for convenience requires prior government approval; in other sectors, it requires only government notification. • Termination for cause does not include non-performance – it includes only behaviour which qualifies as misconduct. • The ‘last in, first out’ principle requires that the employer first terminate for convenience the last people to join the organisation in the same role. However, this requirement can be contracted out of. When hiring for the same role, workmen who were terminated for convenience should be given the opportunity to re-join the company. • State laws generally provide for about 15 days of earned/regular leave a year. Employees also benefit from up to 10 days of sick leave and a possible 10 additional days of ‘casual leave’. This is generally more than what most organisations would ideally like to provide. • Most state laws provide for ‘casual leave’ – the employee can opt not to come to work that day without applying for leave in advance. Many organisations find this disruptive. • Most state laws restrict women from working at night; if women are to work at night, specific approval must be obtained. This exemption is granted only to limited business sectors (eg, IT sector). Further, the employer must offer door-to-door transport and meet some security-related requirements. • Most state laws prescribe overtime for any hours worked beyond 48 hours in a week. However, this is seldom observed. • Indian law regulates and in some cases prohibits the use of contract workers. To engage contract workers, the contractor must hold a licence and the employer must be registered as a ‘principal employer’.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
I was appointed as Sorting Assistant in Indian Postal Department in June 1995 and completed the 2 and half month training Ifailed to join the service after training due to health problems and I infromed the authorties when after some period when I went to JOin the service I was not allowed and the departmental enquiry was ordered till today I have not received any communication from the Department regarding my service pls advice me What should I do to get back the job as my name was also removed from employment exchange after jonining the training pls help
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A. Dear Sir, You must immediately rush to the Tribunal/Court/High Ccourt as may be applicable as per your salary.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Johnson Thangiah Experience: 18 Year(s) Tirunelveli
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore
Hi, Thank you for your time and attention. I was working or a company called Wardrobe Treasures for almost 6 months whereby I i first started as freelance merchandiser or 2 days a week and later came on board on full time basis. The company had been paying my dues Late,but yes every month. But when I had put down my resignation and later expected the months salary to be cleared in the coming month, the owners have backed out on their verbal agreement and not even responding to any of my emails or messages now. Its been more than 7 months. Out of trust I had never taken an offer letter from them as it was a freelance agreement and they have been deducting professional taxes too while paying off my dues every month. I have the emails and many of the messages saying that they will clear off my dues. But now they are backing out. Can I file a consumer or labour case against them. i am a person with simple and humble earning, hence please do not suggest a very extravagant way. I had already suffered a lot in the months when they lied to me about clearing my payments.
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A. dear client in your case kindly Lodge complaint before labour officer of your area.Labour officer will sort out yours problem.If the labour officer failed to sort out,he may send yours case to Labour Court.
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Deepak Bade Exp: 9 Year(s) Nanded
Ved prakash Shaw Experience: 38 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore
I am working in a private company, a subsidiary of government company, in Mumbai. My Company provides me 21 days of casual leaves and 5 days of sick leave and no casual leaves. Casual leaves can be en cashed only for 7 days and other get lapsed. Further the leaves cannot be accumulated nor can be encashed at the time of leaving the organisation. Is the Policy of the Company valid in view of the following acts i.e. factories act, 1948 and Maharashtra shops and establishment Act, 2017 and any other employment acts. Further can be the policy of the Company be challenged in the courts and can the above acts can override the policy of the Company? and what are the minimum leaves and encashment should be provided by the Company as per the rules in india and which acts are applicable to the Company for determining the leaves and encashment details ?
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A. dear client for ambit of better resolution kindly Please consult for an advice
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Deepak Bade Exp: 9 Year(s) Nanded
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hello, I am working in one of the OEM company based on Manjusar, Savli. I gave resignation in current organization. My notice period is 90 days. But my joining of the next company is after 40 days. They hold my salary and they told me they do not give salary on notice period. Also they are not given any conformation letter after the complication of probation period. Without conformation notice period is applicable or not?? Kindly provide proper solution to me. Regards, Krunal Joshi
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A. dear client in your matter Please share your documents for an advice. The documents include all the documents related to your case and available with you.
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Deepak Bade Exp: 9 Year(s) Nanded
I recently joined a new company in Navi Mumbai. The joining date was 2nd of the month because 1st was a Sunday. I worked for all the days of the month same as any other employee. I received one day less salary and the HR is telling me that it is because I joined on 2nd. What does the law say about this.
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A. dear client in your matter i want to overview documents concern with your matter.
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Deepak Bade Exp: 9 Year(s) Nanded

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