icon Can I do regular degree while in government service.

Sir, I am working in a PSU. Currently, I am also pursuing a regular degree course while working . I have not taken prior permission before doing the coarse from comprtent authority of my company. Can


A. Dear Client,
While in government service, you have to abide by the service rules. Without taking permission or NOC you cannot even join Evening College, which may not come in the way of your Office work. While working in the Government Office during office hours, you have stated also that you have attended a regular Degree course and showed attendance at the Government Office as well as the Educational Institute, which is a proven misconduct with recorded evidence attracting a major penalty. Yo ...ReadMore

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icon Service Over lap

I was working with a organization from April 2014 in Sep 2018 I gave interview with a new organization selected but due to some issue not able to joined the new one but in between new employer created


A. Dear Client,
From the contents of the query, it appears that the appropriate steps for rectification of overlapping of service were not taken either from the side of the current employer or from the employer to whom you did not resume. In the given situation, to resolve the issue of overlapping in the P F records of both employers, you need to approach the office of Regional P F Commissioner who is the competent authority to resolve any anomaly arising out of date of appointment and date of disc ...ReadMore

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icon Employment _ returning of company property after resignation

Dear Sir/Maam, I left my company. My company (Jio-Mumbai) delivered a laptop to its branch office (Gorakhpur) near to my home, as i was working from home. After leaving the company, company is asking


A. Dear client, after the termination of employment there will be a cessation of relationship between you and the employer. It is your duty to return the employers assests after the termination of employment.

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icon Show cause notice from TCS

My spouse resigned from TCS four days after she joined because she accepted an offer from another company. However, TCS mandates that she serve a 3-month notice period, which is impossible as she has


A. Dear Client,
As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement that directly or indirectly compels an employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment for better opportunity, even if he/she has agreed to serve the employer for a specific period. In the case where the employer can prove that the employee is joining the ...ReadMore

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icon Employment and Apartment Association

Company terminated employment without any grounds on false allegation of "SC/ST" allegation which is in complaint stating by the complainant that he/she heard saying for their friends in cafeteria. T


A. Dear Client,
It appears from the contents of your query that you have encountered two issues, one is termination from employment on the ground of false allegation and another is vindictive and discriminatory actions of the Society. As regards the first issue, it may be noted that termination from employment other than disciplinary action for a proven misconduct and in the absence of compliance with the mandatory provision of Sec.25F and Sec.25N of the Industrial Dispute Act is considered illegal ...ReadMore

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icon Forced me to resign

Hi, I was working with a company and they asked me to resign due to my leaves in probation period, the scenario is like I had health issues in the beginning and me and my team lead and manager had a w


A. Dear Client,
A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the probationer to regulate or resolve the dispute between a probationer and an employer. In the absence of a specific stipulation in the contract of employment entitling you to avail of sick leave for specified days, you are not eligible for sick leave while on probation. During the probationary period, there will be no entitlement of any kind of leave, ...ReadMore

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icon EPF overlap

Hi , I completed my graduation in 2017 then I joined in non-IT company A in Nov 2017 and I worked for 3 months, as I have to do night shifts I faced many health issues then I left that job in Feb 201


A. Dear Client,
The overlapping in service in respect of previous and present establishment and any anomaly or discrepancy in EPF records in respect of a fund of any registered member is a ground for future dispute. When your EPF record shows an anomaly in the joining and exit date in both the XXX & YYY Company which is contradictory, then until and unless those anomalies are rectified by the concerned employers, PF records will show dual employment. A joint declaration form is used to correct Pro ...ReadMore

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icon Forcing to join the company

a potential employer has given me an offer to join his organization, but due to certain developments in my personal life, I am unable to accept the offer and thereby unable to join their organization.


A. Dear client, if there is no legal agreement between the employer and you, it's not mandatory to join his organisation. You can file a complaint under sec 503 of ipc for threatening you under criminal intimidation.

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icon Date of Exit correction after 4years 10 months

My payroll company was XXX, and the client company was YYY. I have the offer letter and the relieving letter from XXX company. The client company only accepted written resignation letters; hence, I p


A. Dear Client,
The overlapping in service in respect of previous and present establishment and any anomaly or discrepancy in EPF records in respect of a fund of any registered member is a ground for future dispute. When your EPF record shows an anomaly in the joining and exit date in both the XXX & YYY Company which is contradictory, then until and unless those anomalies are rectified by the concerned employers, PF records will show dual employment. A joint declaration form is used to correct Pro ...ReadMore

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icon Labour law

In supreme court judgement for epf purpose all the allowances are combined with basic salary to calculate pf wages but for the purpose of gratuity ..it considers only basic salary or total salary in


A. Dear Client,
As per Section 2(s) of the Payment of Gratuity Act, 1972, "wages" means all emoluments that are earned by an employee while on duty or on leave following the terms and conditions of his employment and which are paid or arc payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance. In the case of computation of gratuity, the wages or salary includes only basic salary and dearness al ...ReadMore

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