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My 39 year old brother died of cardiac arrest and he was employed with TCS in Mumbai.
He was having a bad marriage, harassment by his wife and had filed for a divorce petition which was active while h...
A. Nominee can get benefits if there is no other Legal heir. In present case Nominee and the legal heir is the same ie. Father of the deceased. He will get his share with other Legal heirs like wife and kids.
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Is hearing on notice possible in labour court under section 11a?
It is only for section 10a right?
A. Hi,
Notice is an essential part of any legal process. As such, notice can be issued under Section 11A and other sections, it is not limited to Section 10A.
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Notice is an essential part of any legal process. As such, notice can be issued under Section 11A and other sections, it is not limited to Section 10A.
If you found this helpful, please rate us.
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Can interim order passed with costs in labour court?
Can one party(say petitioner) insist the court on putting costs if such situations arise?
A. Hi,
Then petitioner can make such requests, but the Judge has powers to grant or reject it.
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Then petitioner can make such requests, but the Judge has powers to grant or reject it.
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1) How interim relief work in labour court?
2)can we ask for it at any stage during trial?
3)Is there any separate section for it?
A. Hi,
1. Yes, you can request interim relief.
2. Yes, you can.
3. This power is inherently granted to all Labour Courts under the Industrial Disputes Act.
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1. Yes, you can request interim relief.
2. Yes, you can.
3. This power is inherently granted to all Labour Courts under the Industrial Disputes Act.
If you found this helpful, please rate us.
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ON REINSTATEMENT ALL EARLIER RESIGNATION/OFFER TO RESIGN BECOMES NULL AND VOID. ONE CAN NOT BE REILEVED ASFTEr REINSTATEMENT WITHOUT FRESH RESIGNATION SUBMITTED AFTER REINSTATEMENT ONLY
A. Hi,
The normal practice is for a fresh resignation to be issued in case the re-employee wishes to leave. However, this would depend on the terms of the contract.
If you found this helpful, please rate us.
The normal practice is for a fresh resignation to be issued in case the re-employee wishes to leave. However, this would depend on the terms of the contract.
If you found this helpful, please rate us.
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Hi,
I am working in a private company which is located in Hyderabad. However, due to the pandemic, I was working from home. My employer asked me to resume work from office to which I agreed but asked...
A. Hi,
Initially, you may visit the company and seek clarifications regarding the same.
However, more information is required to advice you properly.
Initially, you may visit the company and seek clarifications regarding the same.
However, more information is required to advice you properly.
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As per the Shops & Establishments act, the Branch Manager is the employer. But, in the Minimum Wages fixed for Shops & Establishments, there are minimum wages for Manager. Whether a Branch Manager, o...
A. Hi,
As the law is ambiguous, the best thing to do in this case is to serve legal notice to the concerned party and file a civil suit for money recovery.
As the law is ambiguous, the best thing to do in this case is to serve legal notice to the concerned party and file a civil suit for money recovery.
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Once Layoff is declared, in a Factory or Mines, under Sec.25-C lay off compensation has to be paid. The law says that after 45 days of Lay off, the employer can go for retrenchment. The questions ar...
A. Hi,
1. The general rule is that the workman must be paid for all days he is laid off, but if there is a clause in the employment contract stating that no compensation shall be paid after 45 days, then the employer is not bound to pay for more.
2. No, the need for notice is normally regarded as waived.
3. Yes, the sum can be deducted or adjusted according to the amount already paid.
1. The general rule is that the workman must be paid for all days he is laid off, but if there is a clause in the employment contract stating that no compensation shall be paid after 45 days, then the employer is not bound to pay for more.
2. No, the need for notice is normally regarded as waived.
3. Yes, the sum can be deducted or adjusted according to the amount already paid.
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There is a factory or mine having 25 to 30 workmen. Whether the Lay Off Chapter applies to such an establishment or not ? Questions (i) If Lay off chapter is not applicable, in such case, when the...
A. Hi,
1. Yes, it would be applicable.
2. No, they cannot ask for full wages, but they are entitled to compensation for lay-off.
1. Yes, it would be applicable.
2. No, they cannot ask for full wages, but they are entitled to compensation for lay-off.
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There is a company called ABC Ltd, there are regular employees in that company, and there are also some contract labour in that company under XYZ Pvt Ltd. A Trade Union was registered with the name o...
A. Hi,
If the employees of XYZ are members of the ABC trade union, then yes, they do have legal grounds to raise concerns and disputes about them.
If the employees of XYZ are members of the ABC trade union, then yes, they do have legal grounds to raise concerns and disputes about them.
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