International employment
International employment
If an Indian employee who is posted in Africa as an employee is on leave to India and is working from home and he needs to be paid salary for that month how can we pay his salary. can we show him as
6 months ago
A. Dear Client,
Temporary placement of a permanent employee other than his permanent place of posting does not change his status or position of employment which is contrary to the interest of the employee so far as the terms of employment are concerned. You need to pay the salary following the terms of employment which is normally followed when the employee is posted abroad preferably considering the convenience of both employee and employer. There are no hard and fast rules for the disbursement of ...ReadMore
Job - no promotion or increment
Hi sir My name is Santosh sutte. I have worked in g4s secure solution last 12 years. But no promotion or increment. So I have decided to change job. So I have join other company. I have done last duty
6 months ago
A. Dear Client,
Appointment, recruitment, promotion, transfer etc all these activities were carried on by respective establishments as per the well-established policy made out considering a variety of factors and following the principle of natural justice. Promotion to a higher grade or position cannot be claimed as a matter of right. Above all, it is the prerogative of the promotion committee to decide who is to be promoted for a vacancy or not following the well-established policy of the Company ...ReadMore
Forced resignation
When asked for leaves for treatment , I was forced to resign .. Can I file a case on wrong action , maligning my reputation and harassment
6 months ago
A. Dear Client,
An employer cannot force an employee to resign or terminate or fire on whimsical grounds other than disciplinary action for proven misconduct and such an action is considered as illegal termination and unfair labour practice. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of ...ReadMore
employer not paying salary
employer is not paying salary pls let me know how to handle this....they are not responding to calls or mgs
6 months ago
A. Dear Client,
In the prevailing situation, when your employer withheld your salary without any valid reason, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you need to file an application u/s.33C ...ReadMore
Not able to transfer PF amount
Hi Team, When I left my last company I had few issues with settlement of my leaving experience due to which I havent paid the recovery amount to the company. I have a PF account in which they havent a
6 months ago
A. Dear Client,
It is mandatory by law for employers to deposit the deducted EPF contributions into the employees' PF accounts within 15 days of the previous month's salary payment. Any non-compliance by the employer can result in severe penalties under the EPF Act.Employees/Ex-Employees can file a complaint with the EPFO against the employer for non-deposit of PF or EPS contributions either offline or in online mode directly through the official website of EPFO (https://epfigms.gov.in/). This can ...ReadMore
Regisnation and termination
I verbally resigned from my last job due to a argument between me and my manager. Now they sent me a final settlement email regarding not serving notice period and demand 2 months of salary in penalty
6 months ago
A. Dear Client,
As stated by you, in the absence of any specific stipulation in the contract of employment. an employer cannot demand two months' salary as a penalty for breach of contract for non-submission of a resignation application or not serving the notice period. But usually, an employee is required to tender his resignation in writing with 30 days of notice before leaving the service of an employer as per model standing orders under the Industrial Employment(Standing Orders) Act. 1946. Furt ...ReadMore
Urgent legal advice needed - Discrepancy in notice period
I am seeking an urgent legal advice regarding a notice period dispute with my current organization. I have resigned from my position due to my mother's health complications . According to my original
6 months ago
A. Dear Client,
Any change in service conditions in the prevailing terms and conditions requires mandatory notice under Sec.9A (Chapter -IIA) of the Industrial Dispute Act, 1947. In the absence of said notice of change, an extension of the notice period is infructuous and unenforceable on the employee who according to existing terms of employment tender his resignation. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of th ...ReadMore
Data Engineer
I am seeking an urgent legal advice regarding a notice period dispute with my current organization. I have resigned from my position due to my mother's health complications . According to my original
6 months ago
A. Dear Client,
Any change in service conditions in the prevailing terms and conditions requires mandatory notice under Sec.9A (Chapter -IIA) of the Industrial Dispute Act, 1947. In the absence of said notice of change, an extension of the notice period is infructuous and unenforceable on the employee who according to existing terms of employment tender his resignation. Further, in the absence of the Byout policy of the Company and also in the absence of any stipulation in the contract of employme ...ReadMore
Regarding Gratuity
I was working as an part time accountant in a Girls Hostel for 17 years I am eligible for Gratuity. As my employer WhatsApp nd said you are not eligible so I have send them legal notice but still they
6 months ago
A. Dear Client,
In India, the Payment of Gratuity Act, 1972, provides for the payment of gratuity to employees who have completed at least five years of continuous service with an employer. Since you mentioned you worked as a part-time accountant in a Girls Hostel for 17 years, you may be eligible for gratuity under this Act. Gather all relevant documents, such as employment records, salary slips, and any communication you had with your employer regarding gratuity. This evidence will be important ...ReadMore
Form filling scam
I have worked for a company named cretax data solutions. the job was form filling.it was a 12 days job.where I have to submit it with 85%accuracy.i completed the work.and I double checked everything b
6 months ago
A. Dear client,
If you joined an online Work from Home Data Entry job work on receipt of any offer letter from the Company, then go through the terms and conditions of said letter that stipulate a condition of charging of fine in case of incorrect/inaccuracy response or dereliction in job. In case you find no terms as such in your offer letter then on receipt of such an unethical and arbitrary demand from the Company, then just ignore it. However, on receipt of repeated calls or messages demanding ...ReadMore
