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I work in a mnc as team leader, management put me in pip performance improvement plan and want to terminate. The mail with pip plan having set of work done as per day to day process. On these ground management taking action me and want to terminate. What legal action I can take? Secondly as my friend said industrial dispute says a supervisor or manager can't do anything rather facing the consequences. Please advice sooner I will be in trouble.

A. See working with a private company in managerial or supervisory role is governed by the employment contract and not by the labour laws. So, if your employment contract and your company's policies say that one has to be under PIP in case of low performance and accordingly that person can be terminated then you don't have much choices.
In case they terminate you without any reason and not as per the employment contract then you can take legal action against them.
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Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
Rajeev  RJ
Rajeev RJ Experience: 17 Year(s) Thiruvananthapuram
I have been retired from the post of LDC in 30-08-2011 from Bareilly Cantt Boad, Bareilly Cantt, (AB under MoD) and office BCB issued a INVALID chargesheet on 19-11-2012. BCB appoint IO on 31-03-2017. IO submit Inquiry Report CLEAN CHIT on 02-05-2017, DA disagree the IR on 18-09-2017. DA further appoint IO on 20-09-2017. matter is under investigation. For the same subject and matter of charge sheet, another two officers have already been imposed penalty by the department by a separate investigation. my all retirement benefits are still pending, Can I suit a file to the concern dealing clerk only instead of department. Can I suit for compensation for indefinite delay against the Rules

A. Kindly contact with our vidhikarya lawyers for legal advice.
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As I am working in CPMF and deployed from 2007, on 2010 I got married registered with colleague and he went foreign mission for 2 years, as decided declare after getting arranged, not declared, after arrival of my husband he married another girl which got divorced immediately when that was forced by relatives, when I went to declare my marriage innum department they punished me as one increment down for lifetime on 2013, as I am eligible for service up to 2040, I got loss in Lakhs, I have not been appealed as now time has been lapsed, now I want to appeal, Can I appeal, is delayed declaration of marriage is severe violence as my department conducted under major punishment, during enquiry I have been submitted every situation and as a lady, I got suffered more that time, Advice / Suggestions please,

A. Need to review the inquiry report and order. Contact me through Vidhikarya.
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1- Working from April, I am a Assistat of Director. As per Contract Salary to be given on 5-10th of every month. Breach of contract as May salary was payed post 20th on June. June Salary is stilt not released. 2- The ex boss fired me on grounds of absentessim and late comings.( employer was informed the personal serious agendas involving Police and social service which caused it.) Both parties agreed on ending the employment on mutual ground. 3- July 13 I was fired. but regardless.the salary for.June wasn't credited on 10 July. Since the termination happened on 13 July the full and final settlement should be of salary from 1-13 july working days .However they did.not. 4- My ex employer has made deductions frommy May salary( already payed). + Not including the 1Sunday I worked. 5- During signing the contract I asked for t&c and company policy copy to read, which was never discussed,given or officially communicated. They claim they always deducted for absentessim & lateness. Which is not true. Proof being Previous employees salary and attendance sheet. 6- Now since the the relationship between Me and the employer has gone sour. They are refusing to release my salary yet and threatening to accept the false deductions for May . and sent me a.legal.notice claiming if I don't agree to accept the final and final.settlement , they.will claim my salary for.themselves, 5- due to the delayed payment two times consecutively it has some affected my financial situation where in every aspect of my life currently is still in jeoprady for house rent,to my child schooling to my food bills and my electricity with notice for disconnection and the mental stress adding to my financial stress. I need a send A COUNTER LEGAL NOTICE to release my salary + compensation for jeopardizing my livlihood. Compensation amount by waiving off all salary deductions including absent and late mark.

A. Contact any local lawyer from Vidhikarya for a legal notice and filing a case before the labour court for the release of salary along with compensation.
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Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Namitabh  Kothari
Namitabh Kothari Experience: 19 Year(s) Mumbai suburban
My employee is terminating me without given written notice or reason. Senior HR has informed me verbally two months ago that I have to start looking for a new job. and company will be supportive to transition. But now he is saying that your notice period ended on 31 July. but the Employment agreement clearly mentions written as the following : " Your employment may be terminated at the instance of either party only by giving to the other party 2 calendar months' prior written notice provided that the Company may if it shall so choose pay 2 months' prior written notice or salary in lieu thereof. " What legal action is the best to take now.

A. You need to send legal notice through lawyer to the employer. Because they didn't terminate you without prior notice of service termination.
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Rajeev  RJ
Rajeev RJ Experience: 17 Year(s) Thiruvananthapuram
GANESH  SHARMA
GANESH SHARMA Experience: 3 Year(s) Faridabad
Hi.. I worked in company for more than 5 years and recently resigned from company and joined new company which is subsidiary to client of my previous company. Also In my offer letter there is no rule saying I should not join client or client's su subsidiary company. Now my previous employer rejects paying gratuity showing reason that I joined client's subsidiary company and also he threatens to file case. Need help, can I claim my gratuity and if he files cases is that valid as we don't have any such agreements

A. You have full right on your gratuity. No one can deny to pay whether they are govt company or pvt company. You can send legal notice through lawyer for issuing gratuity and if they deny to pay file suit against company.
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ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
Rajeev  RJ
Rajeev RJ Experience: 17 Year(s) Thiruvananthapuram
Nirmal  Chopra
Nirmal Chopra Experience: 20 Year(s) New Delhi
I am an ex-employee of ANI technologies (OLA cabs), my TL and AM both pre-planned to terminate me from my service at ola cabs call centre in Andheri (East) and I have all the primary as well as secondary evidences against them, so now they are calling me for the settlement for not going legally against them. Please suggest on urgent basis what should I do, shall I claim compensation from them by filing a case under labour and employment act or shall I go for settlement.

A. Sir,
If they want settlement please go ahead.
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ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Rajeev  RJ
Rajeev RJ Experience: 17 Year(s) Thiruvananthapuram
Dear sir, As my family is in Mumbai n I have many financial problem I have to shift to Mumbai. On this way I got one offer in Mumbai and they wanted me to join with in 10 days time. In my current company I have 3 months notice period. I could able to convince my future company for one month notice period. My current company last day of my reliving they accepted my resignation and informed me that if I need reliving letter I need to pay two months full salary as recovery. As I have already existing financial stress I m really frustrated to pay this. N m wife also pregnant n need to look after everything. Kindly help me on this. What I can do at this moment. Thanks and regards Guruprasad

A. If you sign agreement with company then you are binding on term and condition of by your side. Notice periode is procedure for company and employee to manage the work load. I suggest you to consult with your HR of present company for reduce notice periode of 3 months in lieu of 1 months or 15 days.also consult with your new company HR for your present situation.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
ask_a_question

Utsav Singha Roy

Posted 1 year ago

I want to know the age of retirement for trolley staff working at nscbi airport whether it's 58 or 60, kindly post any proper document regarding this issue ASAP. Utsav Singha Roy

A. Age of retirement is flexible in all department. You may discuss with concerned authority for getting proper information about all age qualifications criteria.
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I have worked for an organization from May 2007 to Nov 2011 in India. Then I moved to USA on L1 Visa (Internal Transfer) and continued to work for the same organization until Sep -2014. Then I switched on to H1B Visa and continued to work for them until Dec 2015. I left my job while I was on US payroll. (Note: During the entire duration of my job in USA...I was paid on US payrolls). After leaving the organization they have not paid me gratuity. I am assuming my 4.5 years of service in India and service in USA during L1 Visa period (2 years and 10 months) should be considered to decide if I am eligible to receive gratuity. But they can pay me gratuity only for the time period I have worked in India. (I am assuming L1 period should be considered because that is an internal transfer). Please let me know my assumptions are correct and if I am eligible for Gratuity.

A. If you work continuesly for 5 years then you are entitled for gratuity.but in some cases it could be entitled in 4 years 9 months service periode also.
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ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
Rajeev  RJ
Rajeev RJ Experience: 17 Year(s) Thiruvananthapuram
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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