Legal questions on Labour

Notice period extension

I work for a company in India and joined this company 3 year back. I joined for onsite opportunity and was directly recruited for onsite location outside India. So I was given secondment letter for onsite location with PF still being deducted in India thorough COC. At that time I signed Indian offer letter ( with 2 month notice) and onsite location offer (with 1 month notice). I was there i...

Ask to serve notice period and cannot by-out

Hi Sir, I would like to tell you that I got another opportunity in a new company and they are asking me to join within 15 days. So i put a resignation mail with my manager, HR in loop. Today I got a call from HR and she said that the company has 60 days notice period and I have to serve it and can ask my new company that it will take 60 days to join. Further i asked her that I am ready to...

Study leave

I am a primary school teacher and applied for study leave on 2017. The reply was delayed for three yearsand on 06/12/2020 Department sent a mail to the principal and asked, 1. "whether he (me) is willing to undergo M.Ed (Master of Education) course on Extra Ordinary leave on Loss of Pay...". I replied on 09/12/2020 to the department through the proper channel, that is 2. ..."I am not willing ...

Can Employer deny for notice period buyouts/pay and treat as absconding if not serving notice

Hi, I resigned from the company on the same month of joining ( worked only for 30 days). I initiated formal resignation in the system and requested employer to release me early as possible and I'm ready to pay for the remaining days of notice period on my own. In the offer letter employer stated " As a regular employee, you will be required to give three months’ notice or salary thereof in case...

Applicability of Serivce or Labor Bond for Foriegn Posting in a PSU

Hi, I have been posted to a foreign branch for 3 years after working for 7 years in a PSU after the selcetion and interview process. While sending to the foreign location I was to sign an Foreign Service Bond drafted by employer which was non-negotiable for discussion. I have signed the Bond and also agreed for other penalties if I resign from Foreign branch (Like relocation allowance, one time...

Not settling FnF and Providing relieving. Targetting me to be unemployed

Hi, I recently left the job as I got a better opportunity. I have not served Notice period of 26days Vs 60days. As per my appointment letter it clearly mentioned that Either party can withdraw the employement service with 69days notice or Paying back of Basic salary. As per the same Claus I have communicated to HR and reporting manager manager to relieve my by deducting short fall n...

Do I have the right to choose between serving notice period and pay salary when I put my resignation

The following terms is included in the letter of appointment: " 1. Your services will be terminable by written notice of three months on either side or salary in lieu thereof, the company retaining the right to pay salary in lieu of notice period. 2. The company considers that irreperable harm, not capable of completion in monetory terms, would be caused to the company in case you were to ...

Autonomous central government Institute - 7 CPC

Adam/ Dear Sir, I was working with a PSU Bank, from where i have appeared for interview for an Autonomous Institute advertise a 6CPC post with in PB-3 Grade pay 6600/- in June 2019, subsequently, i got through in from all processes and got the appointment letter (with 2 years probation) in the march 2020 joined in Sep. 2020. It is pertaining to mentioned that the institute already been imple...

Reliving letter not issuing - absconding

Hello sir, This is pushpendra . I have been employed in a private company from 13 nov 2017 to 23 march 2018. This was my probation period . Under probation period notice period is of 15 days. I have formally dropped an email on 8th march 2018 to my manage , hr manager , and business manager stating my leaving date to be 23rd march 2018. And I left organisation on 20th March 2...

My previous company is not issuing experience letter and my settlement amount

Hi sir, My have worked in my previous company for 2 years. And served my notice period properly. My previous company is not giving my settlement amount and experience letter. They are doing this to all employees who left the company in last one year. Instead of giving settlement to an employee the company gives a mail issuing negative amount stating employee has to pay in order to get it. One ...

Breaking an employment bond signed with company

Hi, I have joined a company since march 2021, and as considered to be a fresher have signed a contract/agreement for two years on stamp paper stating that if I leave the company or break the bond then I will have to pay rupees 2 Lakh as penalty, also considering me as trainee the amount is assumed to be expense of training period company is taking. Since march till date no training is pr...

Joining the Client of my Ex-Employer

Hello Experts. I left my ex-employer about 6 months ago, and opted for freelancing. While I was leaving (6 months ago), one of my ex-employers customer (Lets call it Client ABC) reached out to me and asked me to let them know whenever I am open for a new role to work with them. Fast forward today, I reached out to Client ABC asking if there are any openings and reminding them that they had aske...

Relieving letter and final settlement suspension

Hi Experts, I was working in a company A for 7 yrs and recently changed my job and joined another company B because company A was paying half salary post pandemic and I was not able to survive with that. Now I am working in company B. Problem is my previous company A is not giving me a relieving letter because company B has signed a no-pouch agreement with company A which I was not aware ...

Can I join new workplace even though employer hasn't accepted my resignation?

I have been working at a company for 2 months 2 weeks and have sent in my resignation four days ago via email. According to my contract, I am currently on probation for another 4 months and can be terminated at any time as per the company's will. There is no notice period stated on my contract either. Additionally, this company refused to cut PF despite having over 50 employees in the workplace...

My company took my 10th original marksheet but I want to leave but they are asking more money.

When I joined on Feb 2021, in my offer letter it was said I will get 16000 take home salary and I have to work for minimum 1 year and if I break the bond I have to pay 2 months salary or training cost and they took my 10th marksheet as security. In lockdown period in WFH one month they disabled us from working and told to come to office then I got 20 loss of pays due to lockdown travel so I sho...

Pay Protection

Recently I have joined in an Autonomous Institute (Govt.of India) as an Assistant Registrar in the Pay level -10 on 05/04/2021. Previous services details are as below: • This is to inform you that before Present , I had worked with another Autonomous Institute Under Ministry of Education, from 27/10/2014 to 26/10/2018 and 14/12/2018 to 04/04/2021 as an Assistant Registrar on Contract in regul...

Company released me immediately after resigning and not paying for notice period days

Hi Concern, I am seeking advice in the matter of Labour & Employment. I work for a private firm which has a policy of putting 1 month notice period if any employee resigns, or if the company decides to terminate the employee, company will have to give 1 month notice to employee. Failing to which, either party will have to pay 1 month salary. In my case, I recently joined this company 2 months...

Withholding salary

I am working as a documentalist in the central library of the premier Govt. Medical college of my union territory.My salary alongwith 4 other colleagues of mine has been withheld by our I/C HOD for 5 months now. The reason being his ego. A few days after assuming the charge of chief librarian, he took our attendance register to his pathology department and asked the library clerk to inform verb...

Women banker transfer in a nationalised bank

Hello Sir, I am a female, working as asst. Manager in a nationalised bank. i have been giving sincere service to my bank since last 8 years. I am married , my husband is working in a psu at delhi and i was also posted in delhi. I have a 3 year old baby girl and 69 year old widow mother who is officically dependent on me and staying with me. I have served my bank sincerely during covid-19 with...

Please suggest.

[ For short, read last portion. ] I worked for this marketing agency, D. M. , for over 7 months and I haven't received my FNF and other documents like experience letter and relieving letter or even appointment letter. I gave my resignation after being continuously pressurised to resign or overwork for around 3 months March/April-May and being denied my promised salary upgrade to my previous sa...