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icon Related to salary not given by my pervious schl

I had resigned from the school on 30 May 2024 and said that I will complete my 1 month notice in June. But the school told me that the school will not be open in June while the rotation based teacher ... (Gautam Buddha Nagar, Uttar Pradesh)


A. Dear Client,
As per Section 2(s) of the Industrial Dispute Act, 1947 which was amended in 2010, "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retr ...ReadMore

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icon I resigned from a company

I resigned from a company within 27 days on immediate notice. There was no offer letter issued so far. Now the company is not paying me for 16 days saying I did not serve a notice period. What should ... (South Delhi, Delhi)


A. Dear Client,
In the absence of an offer letter, a person employed and engaged for the Company's work cannot be considered an employee, so, the service rules of the company do not apply to that person when he tendered his resignation or intends to quit the job. When there is no relationship of employer-employee exists between the parties, an employer cannot withhold the F & F settlement dues of that employee on the breach of service condition that amounts to unfair labour practice as defined unde ...ReadMore

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icon Can we pay Over time in Negative

suppose a person works for 50 Hrs as OT and comes 10 hrs late so we can pay him 40 Hrs as OT... (Ranchi, Jharkhand)


A. Dear Client,
Payment of overtime is distinctly from the payment of daily or monthly wages to a workman/employee. Overtime pay is the rate of payment employees receive for working extra hours in addition to their regular working hours. In India, overtime pay rules are pretty clear. If the worker works more than 48 hours a week, he gets paid double your usual wage for those extra hours. Under the Minimum Wages Act of 1948, when a worker’s hours go beyond their regular shift, they should get over ...ReadMore

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icon Illegal termination from jio or ril

I was ill and I didn't go through my mails as due to some condition yesterday I had applied leaves and msg Mt manager he asked me to call HRBP I asked same thing yesterday but suddenly today terminati... (Meerut, Uttar Pradesh)


A. Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Disputes 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 can raise an industrial dispute directly before the Industrial Tribuna ...ReadMore

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icon For Gatuity

I Worked in Sugar Mill since 31-03-1984 as on Temporary Clerk . that was the Seasonal Work. Mill give Me work on Roosting System. After Some time sugar mill Give me Work Regular since 195-96. Sugar m... (Udham Singh Nagar, Uttarakhand)

1 Response(s)

2 months ago


A. Dear Client,
According to Section 4(1) of the Payment of Gratuity Act of 1972, gratuity must be paid to an employee upon cessation of employment if he or she has rendered continuous service for five years or more. According to section 2A of the Act, an employee is said to be in continuous service for a period if he has for that period been in uninterrupted service including service which may be interrupted on account of accident, sickness, leave, absence from duty without leave, layoff, strike o ...ReadMore

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icon TDS

The tenant Arbor is deducting the TDS and paying to the department but the rentals are not paid. kindly let me know is it lawful or unlawful and how to go about it... (Bangalore, Karnataka)

1 Response(s)

2 months ago


A. Dear Client,
If the tenant Arbor is deducting TDS but not paying rent, then this legal aspect is questionable. It is mandatory for the tenant to deduct TDS for rent paid over ₹50,000 per month and pay it to the IT department as per Section 194 (I) of the Income Tax Act. However, TDS deductions are possible only if the rent is actually paid to the landlord. Hence, the actions taken by Arbor can be viewed as unlawful because they are violating the terms of the rental agreement and may also be a ...ReadMore

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Vidhikarya

icon Social Media Marketing Panel

Is it legal to sell followers and likes for social media platforms in india?... (Ludhiana, Punjab)

2 Response(s)

2 months ago


A. Dear Client,
There is no law in India that outright bans the sale of social media followers and likes. However, this practice can potentially fall under the purview of laws related to fraud, misrepresentation, and unfair trade practices. Buying fake likes, views, or comments on social media platforms such as Facebook, Twitter, TikTok, or YouTube, is in theory against their terms of service. However, buying real IG followers from reputable companies like those recommended in this blog post is not ...ReadMore

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Anik

Vidhikarya

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icon medical officer

Is full time medical officer required for non hazaradous industry... (East Godavari, Andhra Pradesh)

2 Response(s)

2 months ago


A. Dear Client,
Under Section 45(4), In factories where more than 500 workers are employed, the Act typically mandates that a full-time medical officer must be appointed. In factories with fewer than 500 workers, a part-time medical officer may suffice, and this is often determined by the specific state rules. Model Rules Under the Factories Act, 1948, Rule 76 specify the requirement of appointing medical officers in industries depending on the number of employees and the nature of the work. Vari ...ReadMore

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Anik

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icon Overlap issue in EPFO - date of exit issue in Optum global solutions

Hi Team, Greetings!! please I am requesting for the date of exit to be changed to 04 October 2019. In the relieving and EPFO, it is mentioned as 28th October 2019. I got approval from my leadership... (Kadapa, Andhra Pradesh)

1 Response(s)

2 months ago


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

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icon Labour court case status

Petitioner called absent no represent on cost of Rs50/-payable to D.L.S.A call on 04-09-2024.... (Anantapur, Andhra Pradesh)

2 Response(s)

2 months ago


A. Dear Client,
It is a note sheet of the daily proceedings of the Labour Court where the case is pending for hearing. For non-appearance of the Petitioner, the Court has imposed a fine of Rs.50/- payable to the Dist. Legal Services Authority and refixing the date of hearing of the case/dispute on 04/09/2024. Meanwhile, the petitioner may deposit the fine with the concerned authority and can file a motion before the Labour Court on any date prior to the next date of the hearing informing the Court ...ReadMore

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