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ask_a_question

Dominic Steven

Posted 1 year ago

Hi, My name is Dominic Steven and I am 31 years old and I have one younger sister she is married. My father was an railway employee and he died on duty 2016 (3 years before retirement) . And I don't have mother also, she died in 2008. I applied for the compensation job. But they (Railway Mysore division) have rejected my application. Says that I don't have dependent. Is this genuine reason or how can go further? And my married sister can also eligible for compassionate appointment. Please give me solution.

A. dear client kindly approach High Court you will get relief definitely.
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ARPIT  BATRA
ARPIT BATRA Experience: 12 Year(s) South Delhi
Rajender  Prasad
Rajender Prasad Experience: 6 Year(s) New Delhi
 Vishwabandhu  Chaudhary
Vishwabandhu Chaudhary Experience: 39 Year(s) Jabalpur
I worked as a manager in a private firm had put down my papers and was serving 45 days notice period but the organization terminated me 4 days short of my last day on the basis of misconduct. I worked for the organization for the period year 10 - 15 worked fora different organization for 5 months and joined back the same organization for 16-18, the organization never issued me the relieving or experience letters for the period 10-15, when I had asked for the same was issued a letter mentioning my experience for the year 10-15 and the current one but signed by the regional zonal head. Now I intended to move to a new organization the new organization sent a verification check request to my current organization but not to the Mumbai office but to the head office out of Mumbai. When the head office questioned the zonal head as to how come the letter was issued from Mumbai the zonal head alleged that the letter was made by me and is forged. On 6th I put down the papers, till 16 I worked for the organization on 13th the Mumbai office sent an application to the police to lodge an FIR. but I was not even intimated. Till 18th the Mumbai office tried to reason with me to agree that I have made the letter so that my Family and My daughter won't have to face the wrath of the police. I being not wrong didn't budge a bit, so to harass me these people pull out my PC, made me sit on an empty desk surrounded by the executives making mockery of me. I had sent them resignation mail and a reply to all the allegations via mail and the police verification was still on these people terminated me on the basis of Misconduct 4 days short of my last working day. If I was fraud these people should have terminated on the first day moreover though a police application as filled against me on 13th I worked for the organization till 16th replying all the mails. My question here is that these people filled an application to the police and the matter is still being investigated do these people have the right to terminate me before the last day as mentioned in the notice period. More over the matter is being investigated still these people have mentioned that in the termination letter that I committed fraud and misconduct and hence am being terminated. I had sent them resignation mail but these people have not accepted the resignation via mail but in various reply to my mails have acknowledged the I am on notice period. Even in the application sent by the organization its clearly mentioned that I was serving 45 days notice period. All my work experience mentioned in the letter is true with nothing vague mentioned and the only question in here is the signature which the zonal head is claiming is of not his. The matter is still being investigated, my quest to you is can these people terminate me though there is no clear outcome of the investigation. And what can I do in this case.

A. Dear client kindly issue legal notice through any local lawyer. approach to labour commissioner office and file complaint.
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Rajender  Prasad
Rajender Prasad Experience: 6 Year(s) New Delhi
ARPIT  BATRA
ARPIT BATRA Experience: 12 Year(s) South Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
ask_a_question

Anonymous

Posted 1 year ago

i worked in a company for 10 months, initially i haven't paid salary properly but with respective manner i keep on continuing that one day i will paid full. the management gave me 5000, 2000, in intervals instead of my full salary. and suddenly one day the management told me and rest of employees that company is shutting down and salary will be settled soon. the management will promise one date and keep on postponing and torturing mentally. this is happening from months. my family friends suggesting me leave it but i don't want leave my hard earned money. kindly suggest me what to do ?

A. Dear client kindly issue legal notice through any experienced lawyer for further process.if they continue with their behaviour then go through labour commissioner office.
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Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 23 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Until first week of August 2018 I was working for an organisation.I was paid salaries for the month of January April and May this year but didn't get salary for the month of February March June and July .How can I recover this due salaries of 4 months?As a proof I have my bank statement bearing the names of the months for which salary was paid and also I have the salary slips for those 4 months as a proof of my employment for those 4 months please give guidance

A. Dear Client,
To start with Please send a legal Notice to the Organisation through an Advocate.
Other things will in due course.
Shanti Ranjan Behera,
Advocate
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ARPIT  BATRA
ARPIT BATRA Experience: 12 Year(s) South Delhi
Ambrose  Leo
Ambrose Leo Experience: 10 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Hi.I worked in a company from 01-04-2017 to 06-08- 2018. For Financial year 2017-18 Company deducted TDS on my salary but didn't deposit it to the government, hence not issuing 'Form 16'. My 'Form 26 AS' also has no TDS credit for FY 17-18.I have pay slips as a proof that company had deducted TDS .At present I am not working in the company . so I want to know what is the legal remedy I have to recover from them so that I can file the IT return and I don't get demand notice from income tax department.

A. Dear Client,
Firstly, bring it t o the notice of Income Tax Authorities.
Secondly, Serve a Legal Notice immediately.
Just let me know the outcome and I will let you knowwhat to do next.
Shanti Ranjan Behera,
Advocate
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Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 10 Year(s) Nagpur
ARPIT  BATRA
ARPIT BATRA Experience: 12 Year(s) South Delhi
Ambrose  Leo
Ambrose Leo Experience: 10 Year(s) Bangalore
My hr is saying since you are terminated you won't be getting one month salary. When ask for mail she has mail below details: This is to notify you that Destek denies all the statement you have made. Kindly note that you have been terminated as per clause 7 (iii) 2 on grounds of your unprofessional and improper behavior in the Company. This was informed to you on the 5th of October 2018. We do not require any resignation letter from you since you have not resigned. Kindly note that the date of the full and final settlement shall be informed to you shortly. We are not denying your release from employment or full and final settlement. The same shall be processed after proper documentation and required procedures of all departments are complied with. We shall complete the full and final settlement and issue the relevant documents as per due process of the Company. “ when checked in offer letter this clause doesn't states anything for salary. (Copy of this clause in offer letter is attched below). My question is based on this clause can she deduct my one month salary and when should i expect to receive my july and august month salary in case of termination. Clause which is in offer letter :- 7(iii)2 iii. During the term of your employment with the Company either individually or through any company controlled by you and either on your own behalf or on behalf of any person competing or endeavoring to compete with the Company, you cannot directly or indirectly solicit, endeavor to solicit or gain the custom of, canvass or interfere with any person who is a client of the Company as on the date of termination of your employment or use any personal knowledge or influence any such client for your own or any third party, benefit or for any other person competing with the Company. During the term of your employment with the Company in an individual capacity or through any company controlled by you and either on your behalf or on behalf of any other person competing or endeavoring to compete with the Company, You cannot directly or indirectly solicit for employment, or endeavor to employ or to retain as an independent contractor or agent, any person who is art Employee of the Company as on the date of termination of your employment and for a period of 3 years after the termination of your employment with the Company (whether employment is terminated by you or the Company and whether with or without breach of your Offer Letter) with the Company. Your termination from the employer side will be based on following pointed: 1. Performance 2. Behaviour

A. Dear client kindly approach to labour commissioner office with experienced lawyer
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Rajender  Prasad
Rajender Prasad Experience: 6 Year(s) New Delhi
 Vishwabandhu  Chaudhary
Vishwabandhu Chaudhary Experience: 39 Year(s) Jabalpur
ARPIT  BATRA
ARPIT BATRA Experience: 12 Year(s) South Delhi
Until first week of August 2018 I was working for an organisation.I was paid salaries for the month of January April and May this year but didn't get salary for the month of February March June and July .How can I recover this due salaries of 4 months?As a proof I have my bank statement bearing the names of the months for which salary was paid and also I have the salary slips for those 4 months as a proof of my employment for those 4 months please give guidance

A. Dear client kindly issue a legal notice and recover.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
ARPIT  BATRA
ARPIT BATRA Experience: 12 Year(s) South Delhi
Ambrose  Leo
Ambrose Leo Experience: 10 Year(s) Bangalore
I worked in a private limited company. I resigned in February 2016. As per my joining letter either parties have to serve in a 3 months notice. The company decided to terminate my services with immediate effect and did not pay me the notice period amount of 3 months. I also was due to receive some previous salaries and expenses incrurred by me on behalf of the company that have been acknowledged for. Apart from this the daily allowance and travel allowance also was unpaid for. I have followed up for a long time and the company has just paid me Rs 100,000 so far and going as per documents they need to pay me approximately another Rs 400,000. What should I do?

A. Dear client kindly approach to labour court with experienced lawyer
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
ARPIT  BATRA
ARPIT BATRA Experience: 12 Year(s) South Delhi
Rajender  Prasad
Rajender Prasad Experience: 6 Year(s) New Delhi
ask_a_question

khushboo rathi

Posted 1 year ago

What is termination law as per clause 7 (iii) 2 ?

A. Dear client your facts are not clear.kindly provide more information
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 16 Year(s) Kolkata
ARPIT  BATRA
ARPIT BATRA Experience: 12 Year(s) South Delhi
ask_a_question

Kumari Pooja

Posted 1 year ago

I went on maternity leave o. 19th March 2018 and notified about my leave till 4th Oct to HR and reported on 5th Oct.. they sent a n email on 11th September asking to join on 17th sep.as 26 weeks completed on 16th September. I replied to that email that I applied for leave till 4th Oct and hence I am reporting on 5th Oct ... When I reported on 5th they first tried to tell me that I have reported late and hence should serve .A notice period.of 3 months and then leave ..Later on towards evening they started exchanging emails on termination without any discussion with me and by 8th Oct a termination letter was sent to me ... I tried speaking to CEO on this matter , sent him an email as well but he did not respond till.date .. I also write to board members on the issue 2 days back and even they have not replied till date. How should I go about making them withdraw this termination ? I did take additional.leaves but it was informed to them in the beginning itself and again on 11th September..They never corrected me on the date sin the beginning and now making it a big issue and a reason for termination.

A. The Maternity Benefit Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Section 12(1) of the Maternity Benefit Act 1961 states that when a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence. No woman employee can be dismissed on account of her pregnancy. It is the right of the employ ...ReadMore
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Ambrose Leo Experience: 10 Year(s) Bangalore
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