pension - joined up state govt Office
pension - joined up state govt Office
I join uptron on 1984. After sick uptron i joined up state govt. Office in 2002 on contract/bodyshoping through government orders. I absorb on Sept 2005. I got gpf no. On 2006. Gpf deduction start on
6 months ago
A. Dear Client,
With the enactment of the Payment of Gratuity Act, 1972, gratuity payment has become mandatory for the establishment where it is applicable. A gratuity must be paid to an employee upon cessation of employment if he or she has rendered continuous service for five years or more, according to Section 4(1) of the Payment of Gratuity Act of 1972. Section 4(2) of the Act provides that for every completed year of service or part thereof in excess of 6 months, the employer shall pay gratui ...ReadMore
Demand for Reliving Letter & Notice period terms
Im resigning on 17th October and my appointment letter states I have to serve 30 days notice period, which would be starting from 18th October and my last working day would be 16th November. Im workin
6 months ago
A. Dear Client,
Sundays and other public holidays should be included in a notice period, unless the terms of employment clearly indicate that the expression “full day “ in the notice would include only the working days, excluding Sundays and holidays. The notice period is the time period between the receipt of the letter of resignation from the employee and the end of his/her last working day. This time period has to be given to an employee by his employer before his employment ends. The normal ...ReadMore
Threatening by HR
Can an HR threaten to ruin my career when there are background checks for future jobs after I put in my papers and I'm serving my notice period? Also telling me there will be huge pay cut and extensio
6 months ago
A. Dear Client,
When you tender your resignation following the terms of the contract of employment and serving notice period, the Company can neither change any terms and conditions of your employment nor take any coercive action against you on the report of the background verification check to exploit your future career with threatening of a pay cut and extension of the notice period. Such an action on the part of the employer Company shall be termed as victimization with ulterior motives and unfa ...ReadMore
Delaying reliving letter
I have worked for a finance company in 2020-2021. IIn my offer letter they said i have to serve 1month notice period. But within months they changed it to 3months. I resigned with a spot resignation (
6 months ago
A. Dear Client,
When you already met the demand of the Company for submission of spot resignation without serving the required notice period. they cannot withhold the issue of your relieving letter for an indefinite period without any valid reason which may be considered an unfair labour practice if the matter is litigated before the appropriate authority/court. Further, Section 73 of the Contract Act, 1872 makes provision for unliquidated damages. Section 74 deals with liquidated damages and no c ...ReadMore
Director
Is Furlough legal in India? Can the corporate MNCs such IT companies or organization which are into Education Sector send employees on furlough leave and deduct these leaves from the leave balance of
6 months ago
A. Dear Client,
Furlough leave is typically a temporary leave of absence that is granted to an employee because of the special circumstances of an organization. It is an unpaid leave of absence. Furloughed employees usually retain their jobs, but furlough does not entail compensating the staff, nor does end employment. Furloughs are temporary halts to work. Employees retain their jobs and benefits but do not get paid for the said leave, Simply a leave without pay. In the absence of any stipulation ...ReadMore
legal action against employer for absconding from job
Dear Sir, Due to heated agruement with director, I have resigned from job and verbally informed Director that I am resigning from the company. Director said ok and also agree to credit my salary into
6 months ago
A. Dear Client,
When everything went verbal from your appointment to your resignation, you got no ground to litigate your grievances against the Company. Moreover, the Company has already conveyed a charge of absconding from the job which itself forms a ground of misconduct followed by disciplinary action against the errant employee.
Salary Hold
Sir mera kcc Buildcon Pvt Ltd company me salary hold kar diye, 35 days ka salary tha..
6 months ago
A. Dear Client,
An employer cannot withhold the salary or dues of any employee bereft of any reasonable ground. 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 the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the concerned Labour Court for filing an application under Sec.33(C)(@) of the I D Act claiming dues receivable from the Company.
Employer not paying compensation
I was hired as digital media manager for a local eyeglass company. I worked there for 4 days in total and the whole time the owner was rude to me, insulted me and and didn't appreciate my work. There
6 months ago
A. Dear Client,
Since there was no signed contract, it might be difficult for the employer to legally enforce the demand for compensation. If you worked for four days, you may be entitled to compensation for those days under labor laws in India. It's important to have records of your work hours and tasks performed during those days. The claim for reimbursement of computer and electricity costs may be disputed. If there was no prior agreement regarding these expenses, it could be challenging for th ...ReadMore
Attestation form fillup
When I was studying in class 12 a friend of mine has committed Suicide due to which I was called by the police for questioning. In the police station the police asked me questions then released me aft
6 months ago
A. Dear Client,
Unless a person has been formally arrested by the police, he/she cannot be held in custody . If the police summon someone for questioning, they must conduct the interview promptly and efficiently and discharge the person once intergation over. When you were called on
at the Police Station for interogation or questioning and released you after an hour, it puts no stigma in your criminal record. So, you may answer "No" in the attestation form.
Right to transpose my resignation into termination
I have resigned on 22nd sep from my employer and the same day they released me willingly on mail, now they are threatening me that they have a right to transpose my resignation into termination. Is th
6 months ago
A. Dear Client,
No, neither it is legal nor it is possible. Once you tendered your resignation following the terms of the offer letter and are released from your assignment by the Company, they cannot transpose or transform your resignation into termination because the relationship between employer and employee gets severed/seized on the issue of release letter on acceptance of your resignation from the Company. However, if any arbitrary and unethical action is taken by the Company, reach out to th ...ReadMore
