icon Sexual Harassment

Hi, I need a consultation on Posh act which is done in IT company. Incident: A girl got sexually harassed during team dinner. The Accused person while the girl was on drunk condition. By saying I’


A. Dear Client,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make the workplace safer for women by halting, restricting, and resolving sexual misconduct against them in the organization. The Ministry of Women and Child Development made the law effective throughout India on December 9, 2013, characterizing sexual harassment and establishing the processes for lodging a lawsuit and conducti ...ReadMore

Helpful
Helpful
Share
icon leave encashment

My employer says leave encashment you will get some amount in the account after 2 months but I want to get the amount at once, can I take it?


A. Dear Client,
Leave policy or rule varies on the applicability of an Act applicable to a particular establishment or organization The encashment of leave shall be regulated on the basis of the last pay drawn which includes basic pay, dearness allowance, personal pay, if any, non-practicing allowance for doctors, deputation allowance in respect of employees of the company on deputation, allowance admissible to EDP and other staff working in Finance & Accounts department. Only earned leave is elig ...ReadMore

Helpful
Helpful
Share
icon Dual employment

I have not joined the company or did not do any joining formalities but sent my details, based on that they created EPF account for two days, after one week again they have sent mail asking to reconsi


A. Dear Client,
the company can not allot you for the EPF since it is specifically for employees only. the best solution is to get DOE updated on the same date as the DOJ and ensure there is no contribution.
Thank You

Helpful
Helpful
Share
icon Tamilnadu government MRB recruitment for doctors Assistant Surgeon

Tamilnadu government MRB board recruited Doctors (Assistant surgeon post) for 1021 vacancies. Conducted exam for 16,000 applicants and gave appointment order on February 6 for notified 1021 vacancies.


A. Dear Sir,
If you are aggrieved by recruitment policy or related subject immediately approach Service Tribunal or High Court and get suitable direction.

Helpful
Helpful
Share
icon Agent not telling where my passport is

2. Years ago we applied for job in Canada through agent in Chandigarh, at time they said it will take 2 months, we paid hefty amount but they keep on asking for more and more paperwork and don’t sho


A. Dear Client,

It's advisable to file a complaint with the police regarding the individual attempting to deceive and exploit you for personal gain.

Helpful
Helpful
Share
icon EPF

An employer was giving 12% epf to the employees but when the salaries of the employees increased above 15000, he paid 12% contribution of Actual salary Rather than ceiling it at 1800 as a clerical err


A. Dear Client,

Both employers and employees are required to contribute a fixed percentage of the employee's salary to the Employees' Provident Fund (EPF) account. The current contribution rate is 12% of the employee's basic salary plus dearness allowance (DA). EPF contribution is mandatory for employees with a basic salary plus DA of up to ₹15,000 per month. For those earning above this threshold, contribution is optional, subject to approval. If the salary exceeds the threshold, contributions ...ReadMore

Helpful
Helpful
Share
icon Not served the full notice period

Sir, in my previous, I have to serve 30 days notice period, but due to some details I am not able to serve last 5 days in my notice period. By showing this reason my company was rejected my FNF settle


A. Dear Client,
The Company is not allowed to withhold your Full and Final Settlement amount after the resignation. However, they can deduct a amount proportional to the unfulfilled portion of notice period from the FNF settlement amount. In no way, the company can reject the settlement in this situation. In order to address the default, you can send a legal notice to the company and demand for the recovery of settlement amount. You can also file a complaint before the State Labour Commissioner re ...ReadMore

Helpful
Helpful
Share
icon About 90 days notice period serving

Actually I ve resigned in an organisation and asked for early relieving but the HR refused to provide an early relieving HR responded as there is no buyout or payout option also , you(employee) must


A. Dear Client,

If an employee breaches the terms of a contract, they can face legal consequences from the employer. However, if the employer's actions are discriminatory or in bad faith, Section 27 of the Indian Contract Act, 1872 can be invoked to challenge them. This section prohibits agreements that restrain trade or profession. Any terms in an employment agreement that compel the employee to serve the employer or restrict them from joining competitors are not valid under Section 27. If the e ...ReadMore

Helpful
Helpful
Share
icon FnF settlement was deducted by employer without any information to me

In my last job, I'll join through a third party hiring company, after resignation, i am not able to serve the last 5 days in a notice period. Now the HR of the company was not responding to my calls,


A. Dear Client,

First try to resolve it internally with the management of your company by sending a letter to the HR of the Company including the concerned director informing him/her about the situation and the circumstances which resulted into the non-payment of your fnf. If no immediate actions are taken, or if they do not respond, or act contrary then take professional legal assistance and send a legal notice. In furtherance to which if they are replying to the legal notice and making the payme ...ReadMore

Helpful
Helpful
Share
icon Full and final settlement from my previous company

Sir, I worked in a RMC company as a third party employee for morethan 1 year, then after I'll resigned from that company due to some reasons. It was nearly 3 months from my last working day, still now


A. Dear client, first contact the employer and ask for the full and final settlement. If theres is no progress or action taken then send a legal notice to the employer for full and final settlement. Even then then is no reply or action then you can file a complaint in the labour court on the employer.

Helpful
Helpful
Share