Legal questions on Business Law

Legal action on job employment and resignation

Hi, I joined a company on 27th April 2021. Due to some medical emergency of family I have to take leave and travel to my native. I informed the same to my reporting HR on 5th May 2021. After knowing the medical situation of my family I decided to discontinue my services same I communicated to the reporting HR on 9th May 2021 and submitted my resignation mail. After 20 days I got a email sayi...

Exporter - fema - rbi

We are a start-up offering technology/software services, do I need to be registered and recognized as an Exporter under Foreign Trade Policy? What if, we have been conducting our business so far without having to register our company as an exporter in India? Are there any legal implications? we offer software support services to overseas buyers/clients who then transfer our fees/charges/payment...

Changes in notice period, annual leave and appraisal with a lock period

I'm working in an IT company. Our management changes the company policies last month. I have not acknowledge the mail yet. They reduced my annual paid leaves and changed my notice period from 60-90 days to 90 days. Also in my appraisal letter they have mentioned that the appraisal is applicable from 1st May but I have to serve locking period of 6 months from 15 June excluding notice period....

Serving notice period

I have given my resignation on 27 May 2021 and it was accepted on 2 June 2021 , I was working till 8 June 2021 , yet I was continuously asked by the team members to report to office inspite of the metro not working and unavailability of the personal vehicle , yet we were made compulsory signed that we had to serve 3 months notice period . But due to ongoing situation of Covid I was not able to ...

Funds taken by PayPal

Hi, I opened an Individual Business account in PayPal as a Freelancer in October, 2020. I had been providing Digital Marketing services (YouTube Video Promotion) to my international clients. All the transactions happened till 23rd November, 2020 was without any issues. As per the policy, PayPal charged for every transaction for the receipt from clients. I had provided services without a sing...

Rejecting an accepted offer letter

I had accepted an offer from a company. I was about to join on 24/06/2021. But now, I have a better offer and don't want to join the previous company. The Offer of Employment that I signed while accepting the 1st offer had the following clauses:- 5. Indemnification The Executive shall defend, indemnify and hold the Company harmless from and against any and all losses, claims, liabilities, ...

Removal of BTS tower from my premises

One of the conditions of the agreement as per Clause (3)(g) reads as follows: “The licencee shall not part with possession of the said premises or induct any third person under any Agreement, whatsoever, provided however that the LICENSOR hereby permits the Licensee to induct/part with possession of the said premises to its sister concerns or companies under the same management or to gr...

Consultation on non disclosure agreement

Covenant of Non Competition and Non Solicitation: Employee/ConsuItant agrees that for the duration of the Arrangement and for a period of three (3) years following the expiry or termination of the Arrangement, employee/consultant shall not, within the Prescribed Area, either directly or indirectly, either as principal or agent, or as director, manager, employee, shareholder, partner, lender or...

Legal issues while renting out our personal Vehicle

I want to understand the Legal issues in renting out personal vehicle to a friend for personal use. As per the motor bill - No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle for the transport of passengers and their goods in any public place whether or not such vehicle is actually carrying any passengers save in accordance with the conditio...

Business partner taking all the documents

My parents with One of their known friend started an Auto finance business entity and was running it for some 3-4 years. There was a person who was the managing partner, handling all the day to day activities. Last year some issue happened between us and him over some misuse of funds. During which, he took all the finance documents and kept in his other business office. Then the corona lock...

Director Retiring by rotation

The Annual General Meeting of the company going to be held in month of sept in which one director is liable to retire by rotation Mr. X. Now company do not wishes to continue the services of Mr. X and make decision to not to reappoint the retiring Director i.e. Mr. X in the Annual General Meeting and also decides not fill the vacancy by expressly resolving in the meeting by passing resolution i...

Authorised signatory of a Company for Bank Account.

A and B Directors of a Company were operating Bank account from beginning. Seven months before, company passed a resolution to change the authority and produced resolution to tha Bank signed by Director A and New director C and appointed D as single Authorised signatory. Both directors A and C handed over covering letter to that effect to the Bank and accordingly it was verified on MCA21 site t...

Transfer tenure and its calculation

Q.1. What is the fixed tenure in NE region region for NAVODAYA VIDYALAYA SAMITI's employee who completed 10 years service in his cadre/deptt.? Q.2. What What is the fixed tenure in NE region region for NAVODAYA VIDYALAYA SAMITI's employee who willingly opt posting in NE region from plain region and also completed 10 years service in his cadre/deptt.? Q.3. What What is the fixed tenure in NE r...

Post-termination non-compete

The following is a clause in my employment contract. How enforceable is it? [....]I also agree that after the termination of my employmentor cessation of my association with the Company for any reason whatsoever, I shall not undertake any employment or enter into any kind of association with any Third Parties for a period of eighteen (18) months in India or any place outside India where I wa...

US Guy Cheated 2k dollars through freelancer project

One US Guy proposed a project from the freelancing website. He agreed to pay 2K dollars. He is not willing to pay the money from online. He has the option only through cheque . So, he asked one US representative for processing the cheque. Also he was asking the US representative to give the share to one more guy who has the logos and contents for the project. So, he sent a cheque with 3k dollar...

Compete law and no poach agreement for client servicing and designer employees

Basically we are a pvt ltd company working in area of advertising and animations. Our work involves using diff designing softwares and making innovative videos and animations. Those softwares are usually learnt by the designers themselves..but we then guide designers to actually use those software professionally to bring the best quality outputs required by the clients. in this process they lea...

Jurisdiction

Q : JURISDICTION ISSUE FOR MY RELIEFS : 1. I am running a civil suit for cancellation of a sale deed of a prime property ; the sale deed was executed by me due to death threats ; it was done without monetary consideration. Parallel criminal case against the accused, is also progressing. 2. I was the Managing Director of a Pvt Ltd Company, for 6 years. On the same day, my shares in that Com...

Negotiation of notice period

Due to family emergency, I have to quit my job with a notice of 2 weeks. But according to my company's policy my notice period is 90 days. I am willing to buy out the notice period, but manager replies due to project requirement you have to serve the complete notice period. Should I disclosure my personal issue to get a early release? Can employer blacklist me or take legal action against me?...

Non-solicitation of clients

Hi Experts, I have resigned from XYZ organization and i have received a NDA form on last day as part of exit formalities which includes this below clause. Please let me know if this clause restricts me to join as a Full time employee for any of the client's of XYZ organization for 12months. Non-solicitation of clients 1. I agree for a period of twelve (12) months from the date of closure of...

Rejecting offer contract after signing it

Hi, Can i reject an offer contract after duly signing it , can I be sued for the below . this what is mentioned under terms and conditions: The write up is as follows Conditions to Employment 1.1 Your employment under this agreement is conditional on the Company confirming to You that it has received such references, pre-employment background checks as the Company deems satisfactory. 1...