Legal questions on Business Law

Complications with resignation

Hey all, I'd joined a startup in May 2022. Before joining when I had a detailed conversation with the CEO and founder he had promised many things. Primarily on these was a notice period of 45 days, but he mentioned 90 days in the contract. But he has assured me that he'll not enforce it as it's practically impossible to serve a notice period of 3 months. For the last few weeks his attitu...

Am I liable to pay notice recovery amount after leaving the company in 2 days of onboarding

My question have multiple parts: 1. I was working in a organization A and I received an offer from Organization B. Though I didn't like that too much but I thought that either HR of Organization B re-tructure of CTC or I'll find another organization with improved structure of CTC and not more than 2 months of separation notice period. With these thoughts, I got another offer at the day of join...

Leaving company within 2 days of work.

Hello, I wanted some advise regarding my situation. I have just joined a company 2 days ago but upon joining I realised that they may be lacking in the employee department, it seems as though there aren't any, although I'm sure that may not be the case, they have quite a lot of mistrust towards a new employee and I do not feel comfortable in the company environment as I find it very overbearing...

Can an architect's office in residential apartment permissible by law?

I am architect & have an apartment in residential scheme which i want to utilise fully as my office. There are two members near my apartment which are taking objection of my usage of flat as office. They are claiming that my professional office is not permitted in residential apartment because it is commercial usage. They are raising it because they wanted to seperate 2 wings of condominiu...

Share transfer and agreements

Hello, I need advice on below situation. (note: the names are only used for representative purpose, and do not have any resemblance or association with any real person). Event 1) Earlier Sandesh and Yogesh formed a Pvt Ltd company with 50-50% sharehold each as per AoA and MoA. Sandesh and Yogesh were first directors if the company. Event 2) Then Ganesh entered in the team as a ...

Resignation Period

My resignation period is for 60 days. I have informed management that I will only be able to serve it for 30 days and I’m ready to buy out remaining 30 days or i have asked them to apply my leaves for rest 30 days (that i will not he able to serve). I have everything in written, about my intent of serving only 30 days. In my employment letter its written that i have to serve 60 days and as well...

I cannot serve Notice Period will I be sued?

I served at a company on contract basis for a 3 years contract, “This Agreement shall be for a period of 3 years from date of commencement). They mentioned in the contract that: Agreement may be terminated by either Party during the contract period, without cause and without liability, by giving three (3) month written notice of such termination to the other Party. I am being constantly haras...

Regarding denial to pay back security and sales and removal of material

Hello Vineeta, We had our small Cafe kiosk in Manav Rachna International University pre Covid and since then out salea were held by the Foor Court company who was sub renting the kiosks. Slowly after Covid, they handed over the Food Court to another party without any agreement with Vendors. The new Franchise partner did not accept any commitments made by the Food Court operator like rent waiver...

Establishment of and Financial Services for Private LLC

To whom it may concern, I am a European citizen who is looking to start a Private Limited Company in India in order to create digital content for various other companies. I plan to employ myself under the company and use it to obtain an employment visa ahead of relocating to Pune, Maharashtra in late October. In order to do this I will be hiring a resident director from a separate compan...

Non-payment of Services Rendered

My company was engaged for providing field research and consulting services for a period of 12-15 weeks by an US-based company (Sutherland Labs - a subsidiary of Sutherland Global Services). Our engagement ended in March 2022 and the agreed payment scheduled was 45 days. I am yet to see movement of payment from their end. Following is the list tactics they have deployed so far: 1. They didn'...

Non issuance of insurance against Over draft

1. My father sanctioned an over draft of 50 lakhs in Feb 2020 which incurred a processing charge, property insurance and credit protect insurance. The charges for the same had been debited by the bank. 2. Acknowledgment of the above charges received. Property insurance policy received and credit protect insurance not received. 3. In next Feb 2021, my father enhanced his limit to 90 lakhs...

Received legal notice from a company

1) On 19th April 2022, I received an offer letter + employment terms & conditions document (annexure) from a payroll company (payroll company in Bangalore, work location client company in Pune). I accepted the offer on mail, joining date was agreed as 1 June 2022, however I did not send signed, scanned copies of both documents to employer as it was not asked by them at that time. 2) On 30 May,...

How can I sell my hand-made natural skincare products as a small scale, home-run business?

Hi, I run a small skin-care business where we make cold-process soaps and other natural skincare products. In the making of my products there are no effluents or pollutants that need to be discarded safely, there are no major health and safety hazards and I can produce these products in a 10f x 10ft room and run my business successfully. However, I have learnt that I am not legally allowed to ...

2 directors equal share 50:50 in dispute, 1 fell sick unable to work.

A private limited Company owned 50:50 by 2 directors. 1 director fell sick unable to work past 2 yrs, another director continued working as usual but double up his salary as compensation for covering the work of the sick director. Sick director wanted to sell his 50% shares at marked up value 150X, working director disagreed and offered to buy at only 100X, the estimated market value of buildin...

Company wants to frame me for Dual Employment

Hello sir, I am working full time in X company, were in the appointment letter it was mentioned that I couldn't join any other company while working here. I joined on "September 1, 2020". We also have a family business (Y company) doing the some of the same services as my present employer but started long back in 2014. I was just a mentor there occasionally helping their team as it has a com...

Recovery of joining bonds.

We are an IT company based out of Noida, UP. Being a competitive space, we observed that in several cases, people after signing Employment Agreements did not join on the mutually agreed upon date of Joining. This problem worsened in the last 2 years with hiring going remote and people working from home. To reduce this challenge and effectively recover the cost incurred to hire a candidate, ...

Company harassment

My new company bought me out from previous employer by paying 75k to my account and asked me to pay it to my former employer and asked me not to serve the notice period in previous organisation. Once I joined the new employer, there was nothing mentioned that I have to serve the company for a specific time period. I had to leave the company since I was sick and being harassed for the same becau...

Rules for Exit as Partner from Limited Liability Partnership

Hi, I and my partner both together hold 50% share each in LLP (Limited Liability Partnership). We have mutually decided that we cannot run the company on 15th Dec 2021. My Partner has put in Rs. 7.7 lakhs whereas I have put in Rs. 4.92 Lakhs. The company as on date does not generate any profit and has no debt as well. Since the inception of the company we had an internal understanding that eac...

Experience letter

Hello, Actually I left my previous organization in Jan this year and because of some personal family issue, I was unable to go to office as I was at my hometown. I had explained the whole thing to my Team leader that what was the issue which happened ( although it was very personal) however, prior to that they had already marked me as abscond. I requested them a lot about it as I never wan...

Change in Notice period after joining

I’m working in MNC for past 4 years and till now the notice period was 30 days . Recently we received an email stating the notice period is changed from 30 days to 90 days . I had a word with manager stating I do not accept this cause as it is a very stringent policy change . The HR and my manger said a company has a right to change polices . As per terms of employment given to us when joining ...