Legal questions on Labour

How can I breach my Employment Agreement. I'm over exploited.

At the time of interview I was asked to sign on the agreement for 2 years but on the day of agreement they changed it to 5 years. I'm helpless at that time , I need the job at any cost , so I signed it . But they are using me for all kind of personal works and treating me very ill. No leaves are allowed, no week-offs and no holidays.They are making my life so hard for me. Please help me. Th...

Company declining payment of salary

Sir, I had been working for a company in Mumbai 5months ago. But I could only complete a tenure of 1month before I could leave for my further studies. I was not expecting to secure a seat in my college but it resulted in my favour and the joining date was within 10days. I informed the HR about this immediately and she asked me to wait before I tell anything about this to anyone in the managemen...

Can I file a complain in police station

I'm a nurse, last month a patient admitted in our hospital (@ 2.30 A.M.)with c/o pain abdomen and vomiting. It was first day condition, blood investigation done in evening i.e. CBC, HB%, Sr. Bilirubin, Sr. Electrolyte and Malaria test. On admission patient's vitals checked, BP- 130/90 mmhg, Temp. - 98.4(N). His Bilirubin found high (8.73mg) in evening. Next day he got mild abdominal pain and de...

Is the 'Acceptance of Resignation' letter legally binding?

Hi Sirs, I joined a private company a year before and was working in the (email support) customer service team. My performance has been one of the best in this period. In an effort to downsize the workforce the company decided to let go of a certain percentage of the workforce and the managers/ team leads were assigned the task of choosing gullible scapegoats. The ploy was to transfer the em...

Certificates issue

Hi sir/ mam ! this is shiva usha ! i am employee of health care company. company will taken by 2 years of service bond. i signed the bond 2 years.hr will take ssc,inter,degree certificates.he given by one letter . he told me after completion of bond , whatever i given a letter then submit hr department you should take certificates. but i am working in only 9 months.because company sold by my ...

Company is deducting bond amount and not making other payments

I am a software developer in Mumbai. The company is a Indian private limited company. I have recently resigned from the company. I had served mutually agreed notice period. 1, the company deducted bond amount of 1 lakh from my salary although they have not provided me training & not met mutually agreed terms. At the time of joining the company had told me bond is taking as the company provi...

Salary & disciplinary proceedings

My friend is working in a co-op. credit society. She & her another co-worker were given increment letter with change in their salary scale & their acceptance signature was taken. After comparing with their present scale they found new scale is not correct. They prepared a common letter addressing the Chairman that the scale is not correct & attached a copy of document showing present scales of ...

Training Agreement (3 Days Boot Camp)

Dear Sir, I haven't signed any agreement at the time of joining (employment agreement). But after two months my company had nominated me for 3-days boot camp and I was compelled to sign Training Agreement in Non-judicial stamp paper for attending the 3-days boot camp with estimated expenses of Rs. 15000 only once. The agreement states that, If the employee happens to resign within 2 years after...

Retired under suspension

There was a case of fraud in salary and accountant embezzled crores of rupees in his account and some other employees. My father was head clerk and he used to sign and order of release of fund was sanctioned by senior authority. The charge against my father is that he didnt done his job perfectly and there was grave negligence. He got suspended and in few months got retired. The official procee...

My Pension matter

HUMAN RIGHT VIOLATION INFLICTED AND PERPETRATED AGAINST THE ERSTWHILE 5512 NOW SURVIVING HARDLY 2700) FOOD DEPARTMENT EMPLOYEES EAGERLY AWAITING TO SEE THEIR PENSION IN THEIR LIFE TIME Respected Sir, In our case we had been sending several Grievance petition in the matter of sanction of central government liberalized pension to the left over 5523 foodtransferee employees of whom only about ...

Cam employer force anyone to complete the 3 month notice period?

Hi, I have resigned from my present company stating i have family problems and i cannot continue the service and i want reliving in 1 month, for rest 2 months i am ready to pay the money, but my HR is forcing me to complete the notice period and also threatening me about extending the notice period. I have very small amount of work which can handover to other colleagues very easily in 1/2 w...

Break the Bond due to their misbehave or irregular payment

Hey there ,i was working in IT Company in Ahmedabad as Hr Executive as well as Trainee in Odoo,they management ppl were like not paying on time along with i was suffering from my health problem so i inform them and get back to my home town,for treatment ,the salary date was on 10,i already inform them still they have not paid salary at all though they were thinking that i am gonna leave.when i ...

Payment of Gratuity - Present ceiling Rs.10 lakhs.

Sir, [deleted] I was paid gratuity as stated below:- Amount eligible as per formula Rs.503012. Amount paid in May 2007 Rs.350000. According to ceiling prevailing in May 2007. - Balance Rs.153012. Subsequently ceiling was raised to Rs,10,00,000/-. w e f May 2010. My question is : Whether I can claim balance amount of Rs.153012 along with interest from May 2010 and onwards under the a...

Salary not providing by the employer

Hi I am doing job in the private software company since September 2015. Now on the August 13th they said you can discontinue from here. I said ok no problem. But they said that you have to complete the pending tasks before 31st of August. Everything was going good. On the 27 august they have assigned me the new tasks into the project which was already done from my side. So It took 4-5 days t...

Experience letter

I was working in a private company at infopark. I joined on november 25,2015.On february they told me they will terminate me for not performing well. the deadline was 1st march. but somehow i continued there. on may 24th i notified my resignation by words. the manager opened online portal for putting resignation notification 2 days later i.e 26th may. On 24th itself i informed i can stay only t...

Payment of Variable portion of the salary

I have been appointed as Management Trainee in Agribusiness Unit, SBI, Local Head Office Patna on 1st June, 2015 as a contractual officers. My terms of pay included 70% fixed and 30% variable based on performance with an annual CTC of 7.5 lacs. The performance appraisal was conducted half-yearly and the release of variable portion was to be released after 1 year i.e.31st May, 2016. The eligibil...

Employer Holding My Original Educational Certificates from 3 Year

Dear Respected Lawyers, My First Employer retained my original certificates from 3 years, I signed on 20rs Bond paper and a appointment letter for 1 year, in that I've seen 3 clauses. 1. I Will abide by terms & Conditions of company for 1 year 2. If I resign on or before from my date of joining Organisation will not return my original certificates. 3. After completion of 12 months of empl...

Employer not paying salary

Hello everyone, My husband has been working with a Musical Insitution for past 1.5 Yrs. As per his appoinment letter if he wishes to leave, he has to give a 30 days notice period but the institution can terminate him with immediate effect. On 01st Aug 2016, my husband gave a very descent & formal Resignation letter mentioning of working for 30 days notice period through mail & submitted t...

Pension

I am working in RBI,Ahmedabad since last 35 years. All the employees were offered pension in lieu of CPF three times during 1991 to 2000. Due to higher rate of interest in CPF and very little amount of family pension, around 2000 employees all over India did not opt for pension. Now in 2001 bank amended some basic rules/regulations of pension.the requirement for full pension was reduced to 20 y...

Employment agreement combined with Joint Venture?

Hi, I have a job offer in which the employer is offering a fixed salary plus percentage of sales. I want the employer to keep paying me the sales percentage part for 10 years even if I leave the employment. To this he suggested that we do a joint venture agreement in addition to the employment agreement. Now, my questions are - 1. Is it possible to do a joint venture with my employer f...