Illegal termination of employment
Iam responded to first and second notices about my unauthorised abcence I was given explanation about abcence as detailed about my family court case my sister marriage case issue.and submitted documen ...
Iam responded to first and second notices about my unauthorised abcence I was given explanation about abcence as detailed about my family court case my sister marriage case issue.and submitted documen ...
Dear Client,
A termination may be considered illegal and unjustified if it breaches the terms of the contract or appointment letter by either party to the said contract. Termination or dismissal other than a disciplinary action for proven misconduct amounts to illegal termination/ retrenchment and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the I D Act that prescribed certain condition
My 15 acers of land has been acquired for establishing of a factory in 1979 but compensation and employment has been not given due to non availability of my Grand father and proper evidence, but I hav ...
Dear Client,
Under the Land Acquisition Act, 1894 the union or a state government is empowered to take private land for public purposes and to compensate the original owners and other persons affected due to such acquisition. The Right to Challenge Land Acquisition lies only with the Original Owner. Section 26 of the Act consists of provisions that govern compensation for the landowners. It defines the proposed minimum compensation based on multiples of the market value of the land. The market
I removed by my organisation without vaild reason
Dear Client,
Termination or retrenchment other than a disciplinary action for proven misconduct amounts to illegal termination/retrenchment and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman se
Other Responses
Employer is not issuing relieving letter and Full and final settlement
Dear Client.
Regardless of reasons, on cessation of employment either by resignation or retirement, an employee is entitled to an experience certificate, relieving letter and F & F settlement dues from the employer within 30 days of the last working days (LWD) post-completion of the notice period and denial of which amounted to unfair labour practices. So, in the prevailing situation, if you are not holding a position of manager or supervisor in the Company, but a workman as defined under Sec.2
I have given resignation to my current organization I want to relieve 14th March but my manager force to HR relive 26th March New company in joining 15th March... What I do
Dear Client,
Before joining another Company you are required to tender your resignation and to obtain a relieving letter from the earlier company serving the notice period as per the terms of employment that eventually caused the overlapping of service. The overlapping in service concerning previous and present establishments and any anomaly or discrepancy in EPF records of any registered member may be grounds for future disputes. When your EPF record shows an anomaly in the joining and exit da
if abc company make an partnership to xyz company and move there employees to xyz company will abc company are layable to pay any amount?
Dear Sir,
As per the terms of MoU between the two companies the liabilities will be discussed elaborately normally the take over company will be responsible to pay dues to the employees of ABC Company. You may approach the following authority.
===============================================================================
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-
Other Responses
I live india and I host us server in my porn site it still consider crime also it's not accessible to users in India
Dear Client,
Since you live in India, the laws of the land shall apply equally to you. Section 67B of the Information Technology Act, 2000 which after amendment in 2008 criminalizes the publishing, transmitting, or causing the transmission of sexually explicit content. Once a violation of Sec.67B of I T Act, is reported to the Cyber Crime Cell, the matter is suo motto investigated by the authorities and you may be called on for interrogation to access the source of such offensive posts on social
Our company (in Tamil Nadu) intends to send two of its employees from the Production and Maintenance departments to China for a two-week training program on operating and maintaining grinding machines ...
Dear Client,
Your query suffers from a lack of information and transparency to address it properly. Once the employees are sent to pursue a training program for the growth of the company and they return trained on the subject, the question of their tenure in the company does not arise until and unless the employees are appointed on fixed-term contracts that expire automatically for non-renewal of contract. A trained and experienced employee is always given priority over a non-trained and freshe
Kindly clarify whether employees working in a commercial establishment and covered under ESI Act are eligible to avail Sick Leave provided for under Tamilnadu Shops and Establishment Act. Any supporti ...
Dear Client,
As per the provision of Sub-Section 2 of Section 25 of the Tamilnadu Shops and Establishment Act, 1947 every person employed in any establishment shall be entitled during his first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding 12 days, on the ground of any sickness incurred or accident sustained by him and (b) to casual leave with wages for a period
If I agree and undertake that I will associate with the company at least for a period of three years from the date of my employment and will not leave the company for employment for any reasons whatso ...
Dear client,
The agreement imposes multiple obligations, including a three-year employment commitment, restrictions on soliciting employees or clients, and a non-compete clause for one year after leaving. In India, such terms are partly enforceable. The employment bond is valid if reasonable and tied to actual costs incurred by the company, but excessive penalties can be challenged. Non-solicitation clauses protecting employees or clients are generally enforceable if limited in scope and durati
Other Responses
The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner.
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