Legal questions on Labour

Pay protection in case of inter zonal own request transfer

Sir , I am working in indian railway 1=I got recruited as an assistant loco pilot post (ALP)in indian railway in South Central railway (SCR) in secunderbad division in 04/11/2019 and AND Applied for inter zonal own request transfer from SCR TO NR(northern railway) lucknow division . Meanwhile I got promoted to senior assistant loco pilot in SCR and my pay got increased from 21100 to 25500 on 0...

Joining client company- however, agreement not renewed for new financial year, at the time of offer

Clause 1- "Client" means any person, firm, entity, business or organization for whom (a) Employee performs or has performed services in the course of his or her employment with Employer, (b) Employee has submitted or assisted in the submission of a proposal for business on behalf of Employer or (c) any firm, entity or business that is a client of Protiviti or its subsidiaries, affiliates an...

Final settlement delayed since 2 months

I applied for the resignation on 17th January 2023 and after that, I served the notice period of 45 days which ended on March 16th, 2023. so after that, I requested via email to do the final settlement as soon as possible they are not giving replies to emails and just simply delaying. so I asked them via Skype to the hr team and they said we have noticed some legal issues we will let me know af...

Releiving letter and experience letter related

Sir I worked in a CBSE School in Trivandrum Kerala. I joined on 2022 Feb as a cashier for fee collection. After 2 weeks they asked me to sign a contract for 2 years and submit my original certificates. I refused. Further i found some discrepancy in fee section and i reported to admin officer. Thereafter i faced different issues they shifted me from fee section and for days i was wandering in th...

Regarding severance pay

A little background - I am working in Cognizant Technology Solutions India Pvt Ltd from past 7 years and currently deployed on bench. It's been around 64 days on the bench now & per organizational policy bench period is of 35 calendar days. The opportunities presented to me so far were either not relevant and out of the domain expertise or were scrapped, already filled by the hiring project. Co...

Discharge from Indian Airforce before initial engagement

Hello sir, Iam enrolled into Indian Airforce as an Airman on 31 Dec 2014. Presently I have 8 years of service. After my marriage, my wife went abroad (Ireland) for taking up a job. Due to the nature of our employment many disputes have arisen between me and my wife. My wife is not ready to leave the job and I cannot suddenly leave the job. Owing to this the peace of my family got disturbed. So ...

Regarding resignation

Hello sir , Would like to inform that I have joined an organisation in month of Feb 23 . But I have got another good and better opportunity near my hometown itself . As I am in probation period as per my appointment terms in which I have serve 30 days notice . I have written a formal resignation to my current employees 12 th April 23 stating my last working days would be 12 may 23 . But my c...

Job Mediator not reurning money

Dear Sir, This matter dates back to 29th June , 2020, when I visited a commercial complex in New Delhi in search of a job. There were a few people like me who were job aspirants. Since I had no job then during the lockdown times, I was desperately looking for one!. The company (or as it calls itself!) is Digivision Services. Though the initial negotiation was civilized the matter took u...

Lohar /lohara caste certificate issue in bihar

In 2016 Bihar govt gives ST certificate to लोहार caste for central and state govt job . In 2018 Railway announced vacancy and i have filled form in ST quota. in 2020 my document verification and medical process are completed . but when the time for publishing pannel railway has declined my caste certificate saying that your certificate is not correct /false/your caste not falls in ST category...

Previous Year Cash Bonus not paid to me after my resignation.

Sir, Annual Cash Bonus Component included in my CTC. I have joined in March 2022 and stays in company whole year and resigned in April 2023 So i have fully completed 1 Year. After 1 year i have not received Annual cash bonus so i have asked HR about the time of amount disbursement but HR not disclosed date and told that date is not finalized. I have resigned and after just 5 days of resignatio...

Retention bonus and separation

My employer paid a retention bonus last year with the condition being that I should be employed with the organization for a period of 12 months from the date of payout. It states that in case of a separation before the completion of 12 months the entire bonus ia payable back. I'm in the 11th month (so a little over 3 weeks remaining for the 12 month period) and have received an offer that I...

Retention Request on Medical Ground

My name is V. Shankar. I am working in Hindustan Petroleum Corporation Limited since last 33 years (joined in November 1990). I have a transferrable job and am presently posted in Rajkot, Gujarat for the past 10 years (since 2013). I have been suffering from Parkinson’s disease since 2011 and it was one of the reasons for my transfer to a desk job in Rajkot. Before Rajkot posting, I have been i...

Notice Period Buyout

I resigned from my current company 10 days ago to join some other firm. As per the requirements of the firm that I’m joining, I can serve a notice period of not more than 30 days but my employer/Manager is unwilling to allow me to serve a short notice period even when I'm offering to buy out my notice period. Providing some context for a better understanding of the situation: 1. I accepted t...

Seeking guidance on job reinstatement after cancellation due to OBC certificate issue

Dear Sir/Madam, My name is Suraj Bhatt, and I am currently residing in Mohali, Punjab. Although I am from Uttarakhand, I possess an OBC certificate from there, In which the caste mentioned "Ranwalta Jaunpuri Community" which is also listed in the central list of the Government of India. On 26.3.2021, the Municipal Corporation, Chandigarh, released a notification for the post of fireman, In ...

Can you represent a Venezuelan in India?

Sir, I am kindly writing to ask you about the possibility of representing me in a labor case before a court in India, the matter is as follows: First I clarify the following: I do not speak English good (I am doing this through an online translator) and the case happened at the Indian embassy in Venezuela. What happened was the following: I was hired to fill the vacancy of cultural clerk at the...

Salary Full n Final Settlement

I have worked in a company for 8 months as Business Development Manager. my probation period on offer letter was 3 months, without prior notice company increased my probation period further for 3 months and then again 3 months. As it was a field job i had to travel through two wheeler and on job day i had an accident in that I broke my foot bone through those circumstances I was not able to go ...

Legal action against University

In 2021, I was working in a Pvt. Ltd. Company which was hired and selected for the setup of a specialised laboratory for a University in Udupi district. After completing all procedures, the lab setup was started in March 2022 and completed by May 2022, handover was completed in August and small pending details were closed by October. The University has yet to make payments of 2 lakhs for wor...

FIR 408, 424, 114 IPC ,and sections 66, 72, 72 (A) of the Information Technology Act

I was associated with a Private Limited company as a Professional consultant providing services and raising Invoice at the end of the month and was given designation as President but I have not signed any Offer / Appointment / Contract with this company , I informed the company that I am moving abroad they asked me to continue but after 3 months they emailed they do not want me to continue so I...

No overtime pay nor vacation leaves

I am working at a 5yr old software company with 100 employees in Chennai and couple of other locations in India. My employer is not offering the overtime pay. The general shift consists of 10hrs a day, but being forced to work for 12 - 15 hrs a day without any overtime pay. Same goes with the vacation leaves, there are no vacation leaves being offered. If asked about it the response was "No ove...

Employment bond for two years

Hi all, I joined as a software developer trainee in april 2021 with 2.5 years bond period and Before joining that company, they collected my both sslc and hsc marksheet original. After joining in company they are not provided proper training, after joined 7 days they put me in one project. But without training I could not do that project, I asked them to give some time to training, but they fo...