Dual employment
Dual employment
Mistakenly, I did dual employment in 2 companies. I was working in company A from June 2021. I was not aware of dual employment and I joined company B in March 2022 along with company A. I was working
5 months ago
A. Dear Client,
When without any information to Company A or following the terms or contract of employment of Company A, you joined another Company B that amounts to a breach of contract and also makes you liable to face disciplinary or legal action from Company A apart from damages for pecuniary/financial loss. Moreover, in the absence of a relieving letter from company A, when you join a new company B you may face worse consequences in the course of background verification(BGV) usually carried ou ...ReadMore
Disciplinary action after resignation acceptance
I recently resigned from my post in a public sector bank and it was duly accepted. Now my boss is threatening to take a vigilance case for some case years ago, against me and ruin my career. Can they
5 months ago
A. Dear Client,
Even after the cessation of relationship with the Bank on acceptance of your resignation, Bank can initiate legal action against you, if after conducting an inquiry into an allegation of deriliction or dishonesty committed by you while in employment, if dictated and proved against you in the departmental inquiry after your resignation from the Bank. You are equally accountable for the commission of said proven misconduct even after your resignation from the Bank. Depending upon the ...ReadMore
Overlaps of PF account dates
I had joined company A on 29 March 2022 but since the project work and time changes I asked them to delete my ID and not to contribute to my PF and salary and never had asset from them and then Joined
5 months ago
A. Dear Client, The over lapping in service in respect of previous and present establishment and any anomaly or discrepancy in EPF records in respect of a fund of any registered member is a ground of rejection of claim. So, the stand taken by EPFO in rejecting your request claiming withdrawal of accumulation from the fund and closure of PF Account, prima facie appears to be correct and justified. When your EPF record shows an anomaly in the joining and exit date in both the A & B Company which is c ...ReadMore
Salary Hold
Can Employer Hold 02 month (53 Days) Salary if Notice Period is of 01 Month? I have resigned on 23 Oct 2023 and my last date will be 22 Nov 2023. Now till 08 Nov 2023 Employer is holding my Oct month
5 months ago
A. Dear Client,
On cessation of employment of an employee, the employer cannot withhold his F & F Settlement dues for an indefinite period subject to any condition in the absence of any specific stipulation of that condition in the contract of employment. Such an act on the part of the employer is amounted to unfair labour practice. In the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer and if you are not holding the position of ...ReadMore
About Bonus Payment
2022-2023 Bonus payment is Eligible for Resigned Employee or not ?during Full and final settlement also bonus amount not paid .
5 months ago
A. Dear Client,
Your query requires more information like date of your resignation, amount of monthly pay out etc. to respond. However, it is to inform you that as per the Payment of Bonus Act, 1965, an employee is eligible to receive a bonus under the Act, on fulfilment of the following criteria: an employee who receives a salary/wage up to Rs. 21,000/- per month (As per Amendment of 2015) and the employee must have worked in the factory or establishment for not less than 30 days in a year(FY). Se ...ReadMore
Illegal termination
CiteHR Get HR Software Rahul777 : Private Messages: Unread 0, Total 1. Log Out Illegal Termination Of My Employment - They Have Violated The Principles Of Natural Justice City-India-Patna Country-In
5 months ago
A. Dear Client,
Termination from employment without serving notice may be termed as illegal termination/retrenchment and amount to unfair labour practice on the part of the Employer. A contract of employment putting a clause of termination without notice or, pay in lieu of notice itself makes such a contract void and unenforceable. Without complying with the mandatory provision of Sec.25-N of I D Act, 1947, and Rules 76, and 76-A of ID(Central) Rules, 1957 and in the absence of permission of the A ...ReadMore
Life treat
Team leader at office stated that he will hit me in and outside the office. When I complained to manager he told might be in frustration I will talk to him and supported the team lead.
5 months ago
A. Dear Client,
In absence of supporting evidences, a complaint of misbehaviour that also termed as professional misconduct, either against the co-employee or HOD may not hold good any where, instead it may be a cause of back fire to you for lack of proof and dragging the matter to the Court. So, in case you possess strong and cogent reason behind such mishaviour of Team Leader that hurts your professional dignity then you need to bring the matter to the notice of higher authority so that if if hap ...ReadMore
Pay Fixation and protection in organisation
I am working with Central Govt autonomous institute from 31-12-2019. Previously worked with state psu from 2012 to Dec 2019. State PSU implemented revised pay as per 7th CPC from 1st Jan 2016 but paid
5 months ago
A. Dear Client,
In case you raised your grievance of pay protection before the internal Grievance Redressal Committee if exists in your organisation and received a negative or unsatisfactory reply to your grievance, then you can escalate your grievance/complaint under Sec.19 of the Administrative Tribunal Act, 1985 before the CAT(Central Administrative Tribunal), following the procedure of the CAT Rules of Practice, 1993 for redressal of your grievance/complaint. Reach out to Advocate experienced i ...ReadMore
Contract of Employment
Summary- Just to hold the talent Company tries to put a condition in Promotion letter stating 2 months’ Notice period & 2 Months compulsory Gross pay. Even after 2 years’ service in same organizat
5 months ago
A. :Dear Client,
An employment bond is a contract and is subject to the provisions of the Indian Contract Act 1872. Article 19(1)(g) of the Constitution of India guarantees that all citizens have the right to freely practice their profession and trade, subject to reasonable restrictions. The validity of Employment Bonds can be challenged on the basis of Section 27 of the Indian Contract Act,1872 which prohibits any agreement in restraint of trade and profession. As per the mandate of Section 27, a ...ReadMore
Legal Advice
An employee who was working on site hurt himself on head on site while working and died company had also admitted him in a very good hospital later the company received a legal notice of paying a com
5 months ago
A. Dear Sir,
It depends upon the incident taken place. If the incident took place outside the site and the employee was not on duty then the employer is not suppose to give any compensation.
