Legal questions on Labour

Getting back the original educational certificates

Respected Sir/Madam, I am working as a Computer Teacher in an permanently un-aided school for last 7 years. I am eligible to get my benifits in my profile but this school has been playing politics and has been denying to give me the same. At first when it was time for them to give my benifits they put me on observation period with my colleague saying we me and my colleague had coordination i...

Didn't join 'HCL' but informed them on the same DOJ,now they are asking for 2LPA as recevery amount

My joining date was in May 2023 but due to some medical reasons i couldn't join HCL but informed HR and Reporting manager on the same date of joing in evening over email by giving medical issues.Before mentioned date,I uploaded all documents and signed the pre-formalities mandate docs that is 'Joining Docket' as Terms & Conditions of Employment Agreement . But on the mentioned joining date i wa...

Clarification of judgement

Brief: I am a university staff in Chennai. Due to fabricated case I was removed from service. The removal was quashed by labour court awarded reinstatement, continuous of service and other benefits. It was given on January 2001. The university preferred interim stay. That was vacated during the year Sep 2011. The High court mentioned that I do not disturb the findings of the labour court except...

Layoff is in progress and we are asked to resign

I have been working in one of the ITES company from past 15 years, with recent changes in the management, Indian unit is asked to short staff and layoff around 60+ employees. Company is asking us to give written resignation. However, our employment terms says 2 months notice from both sides or 2 months salary and our termination policy says resignation from an employee would not be considered u...

Not joined the company but ID got created. Now asking to share the aadhar no for form 11

I was supposed to join a compay last year but didn't join . However they created the ID and sent me the relieving letter after a month . Below is the scenario after i received the mail from their PF Team to share the aadhar no. for form 11. Below is my reply This is to bring to your notice that I have not had any employment engagements with the organisation and this mail holds no rele...

Company pushed me to Resign before my 1 year agreement

Hi, I joined a company on September 12th,2022. I signed an agreement stating that I will have to pay a compensation of 1,60,000 INR if I leave before one year. Notice period that I need to serve is 3 months. I sent my resignation letter on 28th August, 2023, I expressed my willingness serve my notice period and relieve from my position on 28th November 2023. Considering the above, I w...

Resign with few days notice

I am working in a private organization for almost two decades. Presently I am a senior software developer here. Since a year, I am facing harassment and humiliation in various forms. My earlier reporting person resigned in 2020. Last year several of my tasks (which I have been doing since 15 years) were taken away by a senior person of a department (I have to deal with this department's statuto...

Can I join client's organization after resigning from my current organization?

When I and my friend joined this organization, we signed an agreement that had the following clause: EXCLUSIVITY AND NON COMPETE The Employee also agrees and undertakes that during the employment with ABC, Employee may obtain information on or obtain contact with many of the customers and prospective customers of ABC. Therefore, to protect the value of ABC's business, for a period of time co...

Notice period states 2 months mandatory & 1 month buy out on mgmt discretion but asked to serve full

As per the HR Policy (outdated as per HR and not even updated) and Employment Agreement, it has been clearly stated that 2 months is mandatory to serve and 1 month buy out is applicable on management discretion. My new employer asked me to join on a certain date that fell under the 2 months mandatory notice period. I have put request several times and spoke to each and every member of organisat...

Revision of Pay scales: Reduction in number of stages and decrease in Rate of Increment

I was recruited as Assistant Executive Engineer in Transmission corporation of Andhra Pradesh (APTRANSCO a wholly owned State Govt. Company) in the year 2019, with B.Tech Qualification. My pay scale while joining APTRANSCO is fixed as 60155 – 2485 – 65125 – 2900 – 79625 – 3335 – 92965, having 39 stages, with rate of increment as 4.13%, 4.45% and 4.18% at different stages and without any ceiling...

Job joining getting deferred again and again by the company, ater accepting the initial offer letter

I had an offer letter from my company stating that I was to join from 16th June'23. I accepted that over mail and sent them the signed copy of the offer letter. 5 days before the date of joining, they suddenly say that the joining has been deferred to 16th Oct'23 now. This is after they had booked a hotel stay for us, our flights and we had submitted all the onboarding documents and formalities...

Mental harassment by immediate superior

I am working at a public sector bank. Recently transferred to Pune as Branch. Due to some family reasons and child care related issues and continuous misbehaviour of Regional manager, I resigned with 3 month's notice period. During notice period bank deducted my salary without any prior intimation and credited it my loan account. When I approached regional HR asking for reasons for same. After ...

Salary issue

So I know I might actually be in wrong here but still I have to be sure that I completely am. So I was hired by a company as BD Intern for 3 months and as per the contract I was also informed that my I am eligible for stipend of 25000 with regards to reaching targets as per the company policies. These are the exact terms used in the contracts. Now after almost a month I realized that this job i...

Termination

Person 'P1' is Full time permanent employee 'E' of a company 'C pvt ltd') and Person 'P2' is HUman resource department 'HR' employee of same company. Company 'C pvt ltd' is multinational (based USA). 'HR' informally asked employee 'E' to give resignation, if 'E' is not giving resignation then 'E' will be terminated on fixed date. Employee 'E' never agreed for resignation and termination. 'E'...

Wrongful Termination - Evaluation & Suggestions

My expulsion letter cites violations of the employee Code of Conduct mentioned below: • On 9Jul – you had left the office premises in between your shift and reported back only to secure your shift & swipe out for the day. • On 6Aug – You confirmed to be present on the day, however we could not substantiate your presence through Swipe-In/Swipe-Out or CCTV footage. We further, validated that y...

Whether Iam eligible for OBC NCL reservation or not?

Kindly clarify my eligibility for inclusion under the Other Backward Class-Non Creamy Layer category. (1) My father is working in a Government aided school in Tamil Nadu. He draws his salary from the State Government and has got ID card from the Tamil Nadu Government Department of School Education. (2) He could establish equivalence with Group A to D cadres as in Government Civil service...

Regarding Rejection of Resignation post approval because of Disciplinary enquiry

Dear Sir/Madam, I am employed with India’s one of the reputed Bank as lower level manager, I resigned from my duties and was serving notice period of 90 days, same was approved by competent authority of the bank, after 80 days of notice period, as directed by mails I submitted company laptop and ID Card to concerned department and as per Bank’s separation policy I took leave of 7 days and I wa...

Can company force me to pay full and final settlement?

I got a job in one of the life insurance industry as Business trainee. Basically my job was Sales, selling insurance policy through Emerging bank channel. After completing 2 months in the company, I made the decision to leave the company because of constant sales pressure on me which was mentally exhausting me (I was told to sell insurance policy anyhow when I was going through the training pe...

Resignation but bonus is due

I recently resigned from my current position and serving notice period. My company was supposed to pay annual bonus of close to 2.5 lakh rupees in April 2023, but kept delaying the appraisal cycle and bonus payouts for some reason. Now in August, they will be paying out the bonus amount, but they say that according to the employment contract, employees who are serving notice or left the comp...

Termination of another family member because of my resignation

I have been working in a private school as a teacher and in the admin department for last 4 years. My mother has been working in the same school for last 19 years. I've submitted my resignation letter to the principal yesterday very clearly stating that I need to leave the city for further studies and today the principal calls my mother in her office stating that she will be terminated too if I...