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Anonymous

Posted 3 months ago

I have a 200 sq ft retail garments shop.I have only 4 employees?Is pf and esi mandatory?What are the clauses required to be registered in pf and esi?
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A. Dear Sir, It does not apply to you. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Sayaree Ganguly Experience: 2 Year(s) Hooghly
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Sunil Kumar Singh Experience: 17 Year(s) Kanpur

Nilanjan Bhattacharya

Posted 3 months ago

Dear Sir,Madam, I wanted to know if availability of my previous employment data like name of the company to next company i join through UAN in PF account . Is that not a breech of my privacy.
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A. Dear Sir, Yes it is. You must protest in various modes
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 3 months ago

Sir/Madam, I have resignation from one MNC organisation on 12.06.17 due to my personnel reason. Then I have joined on 01.09.17 another organisation as a GM & branch manager, which is dealer of same MNC last 26 years. Now said MNC organisation's some higher official & HR department also make a conspiracy that I was made some ethic violation at the time of my service period of said MNC organisation. And send a letter to my boss of current organisation, that's why my job is in trouble and may discontinuing the service shortly. Now my question is that, 1. Is said MNC can do that type of mail / letter conversation ? 2. If said MNC organisation molest me, I have any title suit them and asked for compensation. Kindly help me and guide the legal way. Thanks & regards
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A. File a civil suit OR file a case in the labour commissioner. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 3 months ago

I have left my last organisation 6 months ago in sep'18 and my new organisation is not deducting my PF. as my salary is above 15K and i had an option to not invest in PF. Advise is required that can i or i cannot withdraw PF from my old organisation and if yes how
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A. Dear Sir, It is better to withdraw and invest somewhere else before issue become complex. Approach the PF office and get procedure. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Hi Sir Good Morning, In my current organisation I have 3months notice period. I am submitted resignation letter and served 50days notice period. Now I am unable to continue remaining notice period days due to I need to join another company within a 1week. I am eligible to get relieving with immediate effect from current is possible? Can accept to relieving me if asked HR/manager? Can company reliving me or not when I am ready to pay salary lie of remain notice period days.? Can company has right to force an me to serve full notice period? ?
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A. You can talk with your HR. As you have already served about 50 days notice period. It should be granted. Also, Specific performance of serving the notice period is only brought against a person when his leave will affect the company drastically and will provide monetary losses and a lot more. More so, you are also ready to give the salary of the remaining notice period. It should not be a lot of problem if you have a talk with the HR. If still the company is not moved, you can put pressure on the company. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hello, I joined one software company in Indore and absconded after one month by giving mail intimation that due to some medical emergency at my home and other unavoidable circumstances cannot continue working. After one month of this they have sent me legal notice to pay two months of salary to them. It was written in the service agreement. Now I don't know what should I do. Please help.
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A. Sir, If the payment is expressly written in the service agreement then you are legally bound to pay it. The Legal notice you received should have a time period within which you need to pay the amount or reply to the same. It is up to you, whether you want to pay the money or want to reply the same by way of another legal notice to them. 1. Pay the as you had absconded. 2. Reply to the legal notice with another one and fight it out in the Civil Court. Thanks
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Vinoth Raj

Posted 3 months ago

Sir, Worked in a private construction company in Bangalore and resigned properly by giving notice also handed over the documents to them got the no due certificate and handling over certificate from employer. But now they are not giving the salary for 2 months. Suggest me what to do???
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A. Dear Client, draft a mail for releasing FNF keep in loop All senior officers(HR,Finance etc usually company takes 30 to 90 days for settlement, ask them when they will release if they don't reply send reminder to them consult with lawyer through vidhikarya Sincerely; Adv. Abhishek Srivastava
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Abhishek Srivastava Exp: 2 Year(s) Delhi
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Junaid Ali Khan Experience: 2 Year(s) New Delhi

Anonymous

Posted 3 months ago

I have joined karnataka prison dept as warder in september 2018 now i want to quit job.some people are saying i need to pay my whole salary back to the dept as i m quitting job in training period.but i have not signed any bonds regarding paying money and nothing was mentioned in employment notification. Pls let me know will i nèed to pay salary back to the dept ? If yes then what are the ways to not to pay money to the dept. Thank you
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A. If u are not on contract basis then no need to pay
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Rameshwar Dadhe Exp: 2 Year(s) Aurangabad
Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hello, I'm working in Konkan Railway Corporation Ltd. (a Railway PSU) as Trainee Jr.Engineer for last 8 months and I've resigned from KRCL as I'm selected for a better job in Gujarat state govt., for which I had applied well in advance of joining KRCL & even the main exam for it was conducted before joining at KRCL. But at the time of joining KRCL we had signed a service agreement and an indemnity bond on a Rs.100 non-judicial stamp paper as per the requirements of the Offer of appointment, according to which we shall either have to serve KRCL for 5yrs after completion of 1yr training or to refund the entire training cost, all pay and allowances received as stipend and 12.5% interest there on. All these adds to a huge amount, so I requested them in writing to transfer this bond to my next job as it is a Govt. job, in accordance with the guidelines of the Dept. of Public Enterprises i.e. DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004, but they are denying it, saying that it is not applicable to KRCL as we have not mentioned any specific amount on your indemnity bond and it is not Notarized, it is just an agreement given by you to repay all the cost to company. I asked them to give that in writing and with the copy of any reference, on the basis of wich they are denying it, but they are not cooperating and asking me to pay all the money to get the relieving. I've to join the next job within a month, where I've already asked for an extension citing the reason of properly getting relieved from KRCL. They are threatening me that if I keep on bothering them for transfer of bond then it will delay the relieving and will be of no use for me. Also note that as per DPE guideline on the basis of which I'm seeking transfer of bond requires that the application must have been forwarded through the proper channel but same was not possible in my case as I had applied for the job in Gujarat almost 9 months before joining KRCL. Now what should I do in this case, should I pay the money, join the next job and later on take some action or do something right now and what can I do in both the case?
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A. Dear Sir, If not cooperating then approach the High Court or civil court. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
I am software engineer. I filed a complaint against my lead and Manager because of them i lost my peace of mind(having lack of sleep, mental stress, back pain etc.) because of that i am away from my work almost 4 months that is till date. I filed a case against them in my company with proofs but company has rejected by saying "The panel has reported that allegation made by you is unjustified and hence we are dismissing your complaint." I have shared all the proofs against them to HR's but they don't want to take any action against my manager. Company is forcing me to back to work in the same team where i was harassed. Please suggest me what to do next. I am ready to take legal action against them.
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A. Sir, File a case in the labour commissioner for the same and claim for compensation.
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

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