Legal questions on Labour

Probation Termination

An employee was hired for a particular Job role which included customer handling also and he was in the Probationary period. During the probation period he declined to speak to customers, most of the time he was at home and when he was asked to come to office he used to report 2 - 3 hours late and used to sit idle for 4 - 6 hours (his total time at work). When task were assigned he has instance...

Recovery letter - demand of outstanding payment

HI Sir, Can you please advise me on the below query/concern I joined DXC on 07-Jan-2021 and submitted resignation on 12-Jan-2021 due to family responsibilities and my father health issue. Management has given last working day is 19-Jan-2021 and they accepted resignation and pushed me to termination and kept in 'No rehire' to the company status. I suppose to serve 30 days of notice period but...

Full & Final Settlement from Company Due

Hello ! I worked with an Organization for approx 5.5years and with proper Notice period and Exit Interview with the Chairman or Company I had exit that Company. I followed up so hard to get my Releaving letter from the company which i received then I got an Full and Final Salary Amount settlement sheet from the HR. I left the company on 31st Sep’19 and Till Date I have been following up with...

Eligibility of gratuity

I am working in Central Bank Of India from 13.06.2016 as officer on permanent basis. I have resigned from service and my date of relieving will be 23.03.2021. So effectively from date to date i have not completed minimum continuous service of 5 years for getting gratuity as per Payment of Gratuity Act, 1972. However as per section 2A of the said Act wherein definition of continuous service is d...

Service matter

मैं एक राज्य अनुदानित मदरसे में शिक्षक हूँ जिसमें समस्त नियुक्तियां प्रबंध तंत्र करता है, मदरसा वर्ष 2015 में ग्रांट इन ऐड पर आया, और समस्त नियुक्त शिक्षकों को जुलाई 2015 से ट्रेजरी द्वारा वेतन प्राप्त होने लगा, किन्ही कारणवश प्रबंध तंत्र द्वारा अनुमोदन पत्रावली में मेरी नियुक्ति 2006 में दर्शायी गयी एवं मेरी बैक डेट की नियुक्ति से संबंधित समस्त महत्तवपूर्ण अभिलेख तैयार भी करा लिये गये । मे...

Illegal Termination

I was working with a company in India registered under factory act, there I used to work as software developer. Since April,2020 after lockdown we need to do WFH and because of this they were not taking attendance. In the month of November, 2020 VPN stopped working and people doing WFH weren't able to connect to office systems. We all(employees doing WFH) complaint several times but in the mont...

Can a Employer pay less salary then agreed in Offer/Appointment Letter

Hi All, I am having 10+ years work experience. I had Recently joined a Pvt. Ltd. I.T. company (its my 5th month going on) . I have Received a Appointment Letter From Company in that they have mention X amount as Salary, After 2 month the BOSS, one day suddenly he called me in his chamber and said he can afford the salary blaming me of not giving performance and he will revise my salary, I cl...

Mental harrasment at work place ?

Sir/ Madam Regards of the day, I am working as an assistant Clerk in Guru Nanak Khalsa Sr. Sec. School, Sector - 30 B, Chandigarh Since [deleted]. I had been harassed by the manager and officiating headmistress from last one year. the reason behind this harassment is that they wants me to give them a wrong written statement against our headmistress, whom they want to expelled from the school....

Pay protection

Good after noon, sir i have been selected on the post of divisional accountant in cag (4200 gp) and joined the service on 5 aug 2020,previously i was in gst department on the post of gst inspector(4600 gp) and i technically resigned from the post of inspector on 31 july 2020. i applied for the pay protection in sept.2020 to cag bt they rejected my pay protection as per dopt circular no....

Employee-Emplyer contract

I am going to join in a well reputed MNC company where I have been asked to a sign a 3 years bond. If I am quitting my job In the first year then I should pay my salary CTC amount. If I quit job in the second year then 75% of my CTC. Subsequently during third year then 50% of my CTC. Also I might get a chance to go to Japan by end of this year. I'm not very sure of it. I will only know it for...

FnF Settlement, Increment and Incentives

Hi, This is Supriya. I worked in MNC for almost 3-yrs and 5-months. Due to covid the appraisal happened a month before I resigned the job (October) as it use to happen in the month of July and amount gets settled. All the employees received Increment amount but I didn't. As asked they said as you have resigned so you won't receive it. I raised and asked I have the right to receive as an employe...

Experience letter not provided.

Hello, I worked in a software company around 1.5 year then I resigned. Company was giving me loyalty bonus + AMPB (Annual Monthly Performance Bonus) per month with my salary. After my resignation I served 2months notice period but company not providing me last three months salary *( including notice period ) and my experience letter. They are saying you haven't completed an year after you...

Notice period query

I am working in a company for past three years(from 2017) and my appointment letter says one month as per notice period. After sometime(2019) i have received an email communication telling my notice period changed to two months and it doesn't came with any condition, its one way communication. I never accepted this via email and told i am not agreeing it. Now(2020) I wanted to resign but the HR...

Defamation and induced resignation

Hi, I was employed with a MNC as a Senior Executive in Karnataka, handling a team of consultants. I was hired as an individual contributor and in the very next year made the regional head of the function I supported. My rating in initial years were neutral. In 2019, my supervisor changed and with that my fortune as well. I was rated a 'Needs improvement - 4' (5 is the lowest) and asked to look...

My previous company is letting to legal action for joining client company

I have resigned from my previous company and completed all the terms and conditions including the notice period. After that one of the clients contacted me to work with them. This is a client of my previous company and they liked my work so they contacted me. I have joined their company and this client mailed my previous company that I'll be working on an ios app from now on. In reply, my previ...

Legal action

Hey,, I recently joined a company as a freelancer for data entry. They gave me to make lot of resumes in a stipulated short number days, I agreed. I came across this job in LinkedIn. I thought it will be easy. They asked me to provide my name, email id and a Id proof. I gave my necessary details. They sent an agreement, it looked half real, half fake to me. It was written that after I complete ...

Minimum wages

Dear Sir, It is for your information that India's minimum wage is 176 Indian rupees ($3) for the eight-hour workday, but local authorities can set their own lower rate and at least six states do so. The minimum wages to be paid to labourers was increased by 34 per cent, by a notification issued by the Government of Delhi last year. At present, unskilled labourers are entitled to a minimum...

Resignation during Probation period

I joined a listed company on 12th July 2019, the terms in appointment letter are as follows " Probationary Period: You will initially be on probation for the period of six months from the actual date of your joining us and would continue to be so unless and until you are expressly confirmed in the regular services of the company. During the probation period, your services are liable to be dispe...

Short fall of notice period

Hi, I'm currently working with MNC in Hyderabad and as per my appointment letter there is 30 days notice period in Lieu of salary. As per appointment letter:- "Your appointment has been done after an extensive process for an important position which requires your skills and experience. This appointment may come to an end at the instance of either party by giving the other a notice in w...

Mental and psychological harassment at work place

Can I complain about an officer for his misbehaviour 6 years after the last incident?? This officer had been biased against me and intimidated and bullied me into doing the work of a lady whom he was favoured since year 2014. My harassment started the day I refused to take on more responsibilities of the section and asked for a work distribution between her and me. A series of incidents foll...