what should be the correct Notice period
what should be the correct Notice period
Hi, I joined a software company on January 17, 2022 and appointment letter that I signed has notice period 90 days. But after that on on Aug-2023 Company circulated their handbook and asked to signed
2 weeks ago
A. Dear Client,
The notice period for resigning from employment typically ranges from 15 to 90 days and varies among different organizations. If the company issues a handbook announcing a change in the notice period from 90 to 15 days, this change applies uniformly to all employees, including yourself. The company cannot compel an employee who has resigned to serve beyond the newly specified 15-day notice period, as doing so would violate its own regulations.
Not paying salary FnF
Dear Expert lawyers , Even though i completed my KT and done with notice period ,the company is not paying my f&f .Kindly advice .
2 weeks ago
A. Dear Client,
If you're classified as a workman under Section 2(s) of the Industrial Dispute Act and not in a managerial or supervisory role, you can serve a legal notice to your company and then file an application under Section 33C(2) of the ID Act before the Labour Court to claim dues upon resignation. However, if you hold a managerial or administrative position, you would need to file a civil suit before the Civil Court to seek appropriate relief in the matter.
Salary issue
Can my wife stand for me and talk to police or lawyer if my company is refusing to pay my dues on time... Can she lead the conversation... Would it be a problem.. how long does it take to file a legal
2 weeks ago
A. Dear Client,
If an employee's salary is withheld without valid reason, it constitutes unfair labor practice under Sec.2(ra) of the Industrial Dispute Act, 1947. In such a scenario, if the individual is classified as a workman, they should serve a legal notice to the company and then approach the Labour Commissioner or Inspector of Shops and Establishment to file a complaint. Additionally, they can file an application under section 33C(2) of the Industrial Dispute Act at the Labour Court to cla ...ReadMore
Legal advice
I worked for a fitness centre for one month that claimed to be registered... I joined there as a trainer and this was only verbal.. no agreement or offer letter was provided... After joining as traine
2 weeks ago
A. Dear Client,
If you're classified as a workman under the Industrial Dispute Act and facing unfair labor practices, serve a legal notice to the company and file a complaint with the Labor Commissioner or Inspector of Shops and Establishment. You can also file an application under section 33C(2) of the Industrial Dispute Act at the Labor Court to claim dues upon resignation. However, if you hold a managerial or administrative position, you'd need to file a civil suit in the Civil Court for relie ...ReadMore
Do I need to pay severance package to a freelancer
A person worked as a porter at our shop, he was paid according to the number of deliveries he made. He also used to work for other shopkeepers also. He was not paid any monthly salary. He was given Rs
3 weeks ago
A. Dear Client,
Severance pay is compensation provided to employees who are laid off, have their positions eliminated, or otherwise leave a company. Freelance workers are also entitled to severance pay, as there are no laws prohibiting individuals from holding multiple jobs. The calculation of severance pay must adhere to various laws applicable to the establishment, such as the Industrial Disputes Act, Shops and Establishments Act, Payment of Gratuity Act, Payment of Wages Act, Minimum Wages Act ...ReadMore
Employemnt
I worked in pharmaceutical company as a district sales manager. i earned the gold coin of 10grm for the FY 2022-23 as a incentive for achieving the target. but till now i did not received my earned co
3 weeks ago
A. Dear Client,
Employees who receive rewards such as gold coins for commendable performance are entitled to claim them even if they resign, provided there are no specific disqualifications outlined. If the company refuses to release the reward and final settlement dues upon resignation, it constitutes unfair labor practices.
For non-managerial or supervisory staff, legal recourse involves serving a legal notice to the company and then filing a complaint with the Labor Commissioner's office for ...ReadMore
Compassionate appointment of sister on death of unmarried brother
Can a unmarried sister claim compassionate appointment in place of his unmarried brother if the employee's father is a state government employee ?
3 weeks ago
A. Dear Client,
As per the Department of Personnel and Training, Ministry of Personnel, Public Grievances, and Pensions, Government of India Office Memo dated August 2, 2022, a government servant retired on medical grounds before the age of 55 (or 57 for Group 'D') is eligible to apply for compassionate appointment for a dependent family member, including spouse, son, daughter, brother, or sister. The application is to be submitted to the competent authority, such as the Joint Secretary, Head of ...ReadMore
Reliving letter & NOC
Hello, Post my resignation my employer willing to onboard me to a new project which is having leagal cluse with my future organization. I asked NOC and reliving date confirmation though mail and I me
3 weeks ago
A. Dear Client,
Upon resignation following the terms of the offer/appointment letter, the employer cannot withhold the No Objection Certificate (NOC) or relieving letter of the outgoing employee without a valid reason, as per Section 27 of the Indian Contract Act, 1872. Any clause restricting an employee's right to resign for better opportunities is deemed void. However, if the employer proves that the employee is joining a competitor to disclose trade secrets, the court may issue an injunction.
...ReadMore
Pending Dues from previous company
In May 2017, I joined a company in Lucknow. At the time of joining, I did not receive any offer letter or did not sign any contract with the company. After serving 6.5yrs with the company, I gave a re
3 weeks ago
A. Dear Client,
It's unusual to serve a company for over six years without an offer or appointment letter. If the company withholds your Full and Final (F & F) Settlement dues upon resignation, it constitutes unfair labor practices under the Industrial Dispute Act, 1947. Additionally, employees are entitled to gratuity under the Payment of Gratuity Act, 1972, after five years of continuous service.
In the absence of an appointment letter, other documents like salary slips, job cards, or EPF/ESIC ...ReadMore
Serving notice period when not mentioned in employment contract
Hello good day. I am a doctor who worked as a medical officer for an NGO for four months. Due to personal reasons I had to resign prematurely. There was no clause about serving notice period in my emp
3 weeks ago
A. Dear Client,
When an employer defaults, it shouldn't negatively impact the employee. The employment contract takes precedence over the company's internal policies if not explicitly stated otherwise. Therefore, in this situation, your recourse is through the Civil Court. You should file a civil suit against the NGO to recover your dues after serving them a legal notice.
