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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

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

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

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

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

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

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

Dear Client,
The company can issue a termination letter for the resigned employees with a valid reason subject to concern that the the reason must be in detail and with strong reasons to terminate. When an employee resigns, they serve a notice period as agreed in the employment contract. During this period, the employer still retains the right to terminate the employee if there are valid reasons, such as misconduct, breach of company policies, or other justified causes. The employer is legally o

Dear Client,
While both letters serve as testaments to your professional journey, they serve distinct purposes. An Experience Letter narrates your accomplishments and contributions, while a Relieving Letter marks the conclusion of your tenure with the organization. A work experience letter can be provided only after an employee resigns from an organisation, whereas a work experience certificate can be issued whenever an employee requests for one. A company can set out its own HR Policy regardin

Dear Sir,
4years 240 days is enough for claiming gratuity.


"As per Madras High Court judgement in a case of Mettur Beardsell Limited [represented by its Personal Manager], Madras v/s Regional Labour Commissioner [Central Authority under the Payment of Gratuity Act, 1972], Madras, it has been stated that if an employee has rendered continuous service of 240 days in the fifth year of service then for the purpose of calculation of gratuity, it must be considered as if he has completed FIVE years