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Anonymous

Posted 3 weeks ago

My husband and I, are employee of same organization. ESIC amount is deducted from my salary but not from mine husband's salary. From past 3-4 years the organization is not giving away salary on time . Last year my husband expired due to some medical condition and his hospital expenses amounted to 9 lakh, due to irregular salary of me and mine husband, I am currently facing financial crisis and have undergone debt. So, is it possible anyhow to claim my husband's medical expenses under ESIC.

A. Dear Madam,
Please approach Serviced Tribunal or High Court.
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I got a job from Aptech solutions Gujarat India. They said if I not complete work within the time then I have to pay penalty amount.and now I have not completed work and they are sending legal notice to come in Ahmedabad court

A. Dear Sir,
Nothing to worry. It seems to be bogus company. Approach local police.
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Ayush Sahu

Posted 3 weeks ago

My company is currently doing lay offs, I have been asked to resign with two months notice period. Reason given is under performance. What should I do now ?

A. Hi,

1st of all, do not resign. There is PIP guidelines in place for under performer. We shall take legal steps once the company come to conclusion regarding your job.

The present situation is different than the ordinary, unprecedented and rare unforecastable, as per the directive of the govt. the employers to close/shut their organization and no question of the movement of employees. ( except the exempted one). And the Disaster Management Act (DM) is empowered to make rules and advisory and ...ReadMore
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Hi, I have quit a company and resigned from a company by serving proper notice period. However, the employer orally refused to accept the resignation. I tried my best to relieve me and give me relieving letter. Later I left my job after sending an email that this is my last day of the job and I would be leaving and also sent handover documents. I have no misconduct in the company and have not got any warning letter. It is just the employer is not ready to give me relieving letter saying that an employee cannot leave the company till they get another candidate. Can I proceed to take legal action against the employer for not getting relieving letter?. They employer once told me that he will sue me for leaving the company. What to do to get relieving letter?

A. Dear Sir,
You can get issue a legal notice on the basis of following judgment of SC and you will succeed. Please give me Rank 5 if you feel my answer helped you
=====================================================
SC expounds: "To resign is a Right of an Employee, cannot be forced to serve in case he is not willing",
November 28,2018:
Supreme Court has declared in the judgment of the case –Sanjay Jain v. National Aviation Company of India Ltd, through Division Bench consisting of Justice A ...ReadMore
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I was a central government employee in ITBP. I had email my resign to the official email of my office headquarters as well as my unit where I was posted. But they not informed me whether it is accepted or not. I resign from my job due to mental pressure from my senior officers. Some of my senior officers are indulge in sexual harassment of lady constables and I file complain against them to the higher authorities but no action was taken. They threaten me that they spoil my career. They even not give me permission for another govt job interview. I came back home to make an excuse of leave and resign job by email and also sent the resignation undersigned through registered post. But they declare me as "Bhagoda" and ask my nearest thana to arrest me. Then I appoarch the HQ for physically accept my resign. Meanwhile i got an another govt job and I also joined it. But the previous ITBP firm not responded to my resign. I am not drawing any salary from them. But my NPS contribution is credited to my account. Now my new govt employer ask me if you have resign why this NPS contribution is credited. I am hopeless. They are really trying to spoil my future. Kindly guide me.

A. Dear Sir,
You have to immediately approach the CAT(Central Administrative Tribunal) or the High Court and get necessary directions against them. Honest people always hunted by dishonest people. You will succeed in the life. Please give me Rank 5 if you feel my answer helped you
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DEEPAK KUMAR

Posted 3 weeks ago

i am work in private co. as a Merchandiser. During lock down one of my senior called me and said work in covid-19 outbreak situation i demanded him a curfew pass and a responsibility latter he dined to provide then i refused to work and he terminated me immediately.

A. 1. the way to terminate you is quite unethical and even illegal,
2. you can challenge the termination by approaching the appropriate court of law,
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My ex-employer, a leading MNC has caused me a lot of mental stress and frustration. They are demanding me that I pay an amount of 40k as my full and final settlement amount with them. This amount keeps changing every few weeks. First it was 70k, then 43 k then 16k and now 40k. They are also giving me wrong information(example telling me that I was on leave for 1 month..which was not the case!). I am in communication with them since past 2 months. Please help me with this.

A. Dear Sir,
If you are not comfortable then come out and fight. Please enhance your knowledge as follows. Please give me Rank 5 if you feel my answer helped you
========================================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf

Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial d ...ReadMore
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1. In 2015, Accenture gave me poor performance rating though feedback from my supervisor was good. I have the feedback document. I was not administered any performance improvement plan. I was told that I was downgraded in relative rating. 2. In 2017, Accenture gave me poor performance rating though feedback from my supervisor was good. Accenture had moved to absolute ratings. I belonged to Manager cadre and served Accenture for 8 years. After losing the job at Accenture, I struggled for more than 1 year to get another job. Accenture has this policy of at least 10% of people by hook or crook. I want to sue the company and seek compensation from them. Can I file a case in the USA where Accenture is headquartered?

A. Dear Sir,
If you have served in India you can file in India also. Please read the following broad options against the MNCs. Please give me Rank 5 if you feel my answer helped you
==================================================
Employment Lawsfor Multinational Companies in India

https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf

A. Government-Mandated Employee Monitoring and Dispute-Resolution Bodies Under various pieces of la ...ReadMore
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What are remedial steps against employer to get my salary and compensation against Wrongful termination by alleging of False allegations by company in noida u.p? I am facing Finacial Crisis, What is the best legal steps available to me?

A. If your status is that of an employee then file a suit in the District Courts at NOIDA seeking compensation for wrongful termination, it should be termination without your consent or without signing a full and final settlement with the employer. If you fall within the category of workman, then file an application before the Labour & Industrial Court for compensation and reinstatement.
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I am a HR associate in a company working on a third party pay roll.My RHRM is telling us to resign as currently lockdown is going on and basically our work is related to hiring and in this situation hiring is freezed. So they don't need HR associate currently that's why they are not renewing the contract with the third party . The RHRM is telling us to resign otherwise there will be a termination from there side. We are team of 5 in the East zone and we all are ready at 50% salary deduction ..even if it is not possible we are ready at LOP ..NO WORK NO PAY ..LEAVE WITHOUT PAY TILL lockdown but they are telling us to resign. What to do if we would resign then in next 6 month we will be not getting any job due to lockdown..atleast with LOP or salary deduction we will be with a backup that we have something in our hand.. They have told to give a resign on second may 2020 ,they will be giving 15 days notice period till 15 to us.. They are not giving us anything on Email whatever the conversation was with us it was via phone call... We also told them that give a mail that we don't need you so as per the contract we are giving you 15 days notice period you all will have to resign on 2nd May. They are not ready for this also.. Me and my team is really very upset we are unable to understand what to do in this situation..we have a family we have loans..we have certain responsibilities.. Kindly help us by giving ur suggestion and opinion.

A. I hope you are doing good. In ordinary scenarios, the company has the right to lay off by following the rules and regulations.

But at the present situation is different than the ordinary, unprecedented and rare unforecastable, as per the directive of the govt. the employers to close/shut their organization and no question of the movement of employees. ( except the exempted one). And the Disaster Management Act (DM) is empowered to make rules and advisory and issued by the Ministry on different ...ReadMore
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