Legal questions on Labour

Starting a business part time

I am planning to do a startup while working with my existing company. As a next step to this want to register it as a pvt ltd company. Need to understand if any of my current company agreements prevent me from doing so. In my employment letter following clause is mentioned: “17. During the term of your employment you shall devote your entire time and energy to the furtherance of the busin...

Hub manager did not accept resignation

I have resigned on 7th may 2019 after inform him over telephone and put resignation over mail also put my resignation over company system. But on 18th he send me mail that your resignation is rejected by mentioning lots of reasons like customer cheque got bounch, payment not collected from customer, moreover he told me that it is my fault why cheque bounch , whereas it he who forcefully told ...

Clarification how to implement order by day or period

(8) So far as the contention of Ms.Ramani for entitlement of wages for the period the respondent worked as Legal Assistant is concerned, we find merit in the same. Learned Advocate Ms.Avani Mehta is unable to dispute the contents of Letter dated 12.11.2008 issued by the petitioner authorities wherein it is specifically stated that services of the respondent was utilized as Legal Assistant as h...

Technical resign

Intimation to current employer regarding app filled for other govt jobs before joining current job Sir, The sequence of events are as follows- > I had applied for a state Govt. job (Job 'A') on 10/09/2016 > I joined a (Job 'B') on 01/06/2017> test conduct on 06/05/2018.. Merit List for Job 'A' was announced on 25/09/2018. Now, as per the letter - DoPT OM No.28020/1/2010-Estt.(C) dated 08.04....

Working conditions

I worked in a top product based MNC near Delhi. I am a passout of a top B-school in India (Indian Institute of Management) with a top score in the CAT exam. I joined in Quarter 1 of year 2016 (year purposely altered). My manager (who is also an IIM graduate) used to ill-treat me, threatening me with career destruction etc. After discussing his conduct with him, and then with his manager, wh...

Service bond in bank

My sister joined andhra bank in june 2018 as scale 1 officer...on joining they were made to sign a bond of rs 2 lakh....a few months after she got a letter for appointment in dsssb as a clerk with delhi as place of posting...but now she wants to join it....since the working conditions in the bank are not so good...bank staff is short hr deptt is not ready to give new staff...she leaves home at ...

Relieving Letter

Hi, My name is Chetan Phadake reside in Kolkata. I took a medical leave on June 4th and I was supposed to join the company on 23rd June 2019. As I was entering my axiss card was blocked and informed the security guard. He called to one of our H.R her name is Payal, she asked me to wait after few minutes she called me to her bay as I went inside she informed me that our manager don't want to ...

Working for same client in different company

Sir, I am an employee in ABC company and working for client X. Now the client X has decided to change it's vendor from our company ABC to another company XYZ. At the same time I have got an offer from the company XYZ to work for the same client X. Now my question is whether it is okay to join new company XYZ and work with the same client X? I signed in offer letter where a statement in "Term...

Employer Denying Sales Bonus Agreement

So basically the situation is about my father. My father was working as Senior Marketing specialist in a company and as his hardwork contributed lot of Sales to his Company. My father and his company owner signed a *Sales Bonus Agreement* stating the amount of reward which will be paid to my father in 6 months from the date of agreement made* the agreement also stated that without any issues...

After resign school not pay salary

Sir maine school se resign diya coz main kafi pareshan ho chuki thi. Jab maine resign diya to unhone bola ki hum aapko inform kar denge. But unhone nahi kiya. Fir main school gayi to unhone mujhse Baat nahi kari. Uske Baad unhone ek letter jari kiya ki aap political activity main payi gayi and aapne resign ko notice nahi diya jabki maine diya tha. Uske Baad maine us letter ka reply kiya ki main...

My emoloyer is not clearing my F n F

Hello, My self Anirban Basu from Mumbai, i have joind my last employer on 3rd December 2019 as Project Manager and my principal work place was Mumbai, but my corporate office is in Chennai. After 3 / 4 months my CEO has started doing ill behave with me and started blaming me unethically due to labour issues at site. One i was returning home, he called me and started shouting on me and told ...

Technical resignation

As per Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) OM No. 28020/1/2010-Estt.(C) dated 17th August, 2016 on Master Circular on Technical resignation and lien in Central Services-reg. The benefit of technical transfer is also admissible to Government servants who have applied before joining the Government service and on that account the application w...

Order given in favor of a person who is not even our employee

We have a trading business in Gujarat. We usually call a team of people to unload material from truck. Please keep in mind these are not our employees just random people standing outside who are ready to do any random job of loading and unloading in and around that area. One day we had a truck which we wanted to be unloaded so we called the head of the team who got a set of people that he could...

My salary got deducted

Hi Sir, I was serving my notice period in my last company. On the last working day, I was informed that my salary will be deducted as I took more leaves then I could have in my notice period. I wasn't informed of any such rule beforehand. I never received a mail from the HR or any department. Even the company portal that we use to apply leaves was not showing any sort of warning, that I was ...

Termination due to non performance

During my contractual period of 225 days in Inland waterways authority of india(IWAI), an autonomus body under ministry of shipping, i was replaced by new contractor. i joined on 24 september 2018 as INstructor.During my service period i raised the matter of short payment and payment not in time as per tender clause. Contractor used to take thirty to forty percent of wages as commision under fu...

No promotion

Sir I am a Section Officer in AFHQ cadre in O/o JS&CAO Ministry of Defence Delhi. A conspiracy was made against me in office and despite my written complaint no action done and harassment continued and one day their conspiracy became successful and I was blamed to beat the MTS. Whole department was against me. Whole staff was against me and was in my opponent favour. I was given Show Cause N...

Promotion

I was working in a Kerala Govt. owned Public sector Undertaking from 2000 to 2006 on contract basis and in 2007 Govt of Kerala absorbed me as a permanent staff. Next Govt terminated my service as back door appointment. I filed a case in the single bench Hon. High Court of Kerala and got a Judgment in 2009, court ordered reinstate me with back date i.e., date of termination without any moneta...

Labour Cess applicablicability

We represent an SPV company created with the purpose of construction of Road on HAM (Hybrid Annuity Mode). We are developing the project of in the state of Gujarat as a concessionaire / SPV Company. The project been developed on behalf of NHAI is 60% EPC and 40% Annuity mode. We have attained License under Building and Other Construction Workers (Regulation of Employment and Conditio...

Leaving Job without Notice in Probation Period after salary is credited

Respected Sir I working in private company since March 2019 and still on probation period.I want to leave the job from 1st July and dont want serve the notice. My appointment letter states that This Contract of employment is terminable ,without reasons,by either party giving one month notice during probationary period. (i asked HR about one month notice period) She told me there is no notice...

/regarding unnecessary termination

Hi there, I have joined a company 3 months ago, during first month salary salary was credited on 21st but as per documents it's 15th when asked from employer he says you will get your salary after 20 then i don't say anything but now without giving and prior notice or written warning employer has terminated 3 employess by saying that he is not satisfied with the performance and when asked to...