Legal questions on Labour

Legality of Departmental Disciplinary Action

Greetings to all the esteemed lawyers on this site. I am a Government Servant from the state of Tamil Nadu. Recently I had been on leave on loss of pay for a period of 10 months to facilitate preparation for a competitive examination. Initially I had applied and obtained the permission of the Competent Authority for leave on loss of pay for a period of 3 months. Thereafter, I had send appropria...

Mental harresment and threatening for transfer

I am a banker and in 2017 posted in a branch after the previous manager put under suspension of doing some fradujent loans ... I was told to rectify all the loans .. as there is a compliance certificate we have to submit I wrote everything that I found wrong doings in the branch... I was than put under pressure that no need to esclate the loans and all wrong doing . I denied as I have to tell e...

Issue at work place to avail maternity leave

I am 28 years old women, I am workng with a firm from past 3 years now. Currently I am 8 months pregnant and due to my low lying placenta my doctor has suggetsed me to not to travel to work and work from home till the condition gets better. I am working from home from past 2 and half months and will have to continue the same as per my doctor's suggestion. I wrote a mail stating to extend th...

Issue related to delay in court decision

Sir in 1997, I was teaching in a private degree college. When college came under state government ownership, most of the staff members also became Government employee on the recommendation of College management. I was selected as sociology lecturer. After 1 month of joining, a Bureaucratic team from Lucknow came on investigation of College. They were demanding bribe to govermentise the staff me...

Leave without serving notice period

Dear Sir Please help me i have very thankful to you. I have left from my company without serving notice period of 1 month within probation period of 3 month my joining is 12th August 2019 and left on 11th November 2019. Also company issue me the Offer letter with mentioned that "there are probation period of 3 month" and not issue me the Appointment Letter. On 28th November 2019 company iss...

My salary is with held by principal without prior notice.

I m deputed to higher education (pH.d) for one year from 1/8/2019 to 31/7/2020. In my order copy college authority mentioned that I have to submit my research progress report for every 6 months. Principal insist me to do NBA work even though I relive ( Ph.D study)from college. He also told that any information from hod or my either via mail or WhatsApp you come and do the work in college. So...

Deducted prp and bonus - whether i am eligible for my bonus, prp and earned leaves or not?

Hello Ma'am/Sir. I have joined a company in India on 1st July 2018, they gave me an appointment letter and Annexure with a package of 6 lakhs per annum. After 5 months of joining they changed the CTC structure and provide us a letter about change in structure, according to the new Annexure, Bonus @8.33% of Gross Salary, Performance-related Pay (PRP) @10% of Gross Salary, and PF (Employee's and ...

Non-compete Law

I am planning to join one of my current (Indian) employer's clients after my proper resignation. The client is out of India. I have the following terms in my employment offer letter: ----------------------------------------------------------------------------------- For a period of 24 months after the termination of this employment, you shall not directly or indirectly, either on your behalf...

Interim Prayer for reserving vacancies for the petitioners who have challenged the promotion orders

We are petitioners against promotion order (clubbing vacancies positions of three years and holding single DPC during 2013 with a new promotion policy inducted in 2011) and considering EER of 2010 to 2012 for evaluation). Single bench order quashed promotion order and promotion policy in Sep 2014. The company moved to double bench. And the double bench upheld the single bench order of quashi...

House Vacancy Notice Issue

This is Mr Vinod Shekhar, aged 57 from lucknow. I am working as a central govtt employee in of the central government colleges in Lucknow, which has its fully fledged campus (quarters also). Because of some kind of nuisance(fight) created by a person in the month of feb 2019 in which i was the victim, i reported the same to the management, for which we both were issued warning letters that ano...

Help and advice needed

Dear Sir, I am Mani and I am from Chennai. I was working in a startup Tevel cyber corps pvt ltd last year as their HR and training head. Joined the company with a lot of hope and passion to make a difference. The CEO and CTO is a young 35 yr old person, who has completed his Ph.D and the company is into cyber security. His name is Dr. Harish Ramani. The main business objective of the company ...

Reduction of pay on promotion from CDA scale post to IDA scale post in govt psu

In 01.04.2016 undersigned a PSU employee working in the post of translator(b/pay ₹58600/CDA 7th cpc) got promoted to the post of officer(ol) in pre revised Ida scale(₹[deleted]), on promotion I request authy to fix my pay considering my higher basic of feeder post. However they simply reduced my feeder post basic by equalising with reduced Ida basic+Ida. after 3rd implementation that reduced ba...

Probation Period Extension from Backend after expiry

The managers have closed the probation period before the due date considering the performance of the employee. After few weeks the employee was forced to go on medical leave and his immediate manager was apprised of the situation. He is having the doctor’s certificate wherein complete rest was advised as his job involved travelling for more than 70-80 kms every day. His manager on daily basi...

Notice period

Dear Sir/Madam, I have joined a company before 3 months and i have resigned 20 days ago in written to my reporting manager and HR manager through mail. I was taking regular follow up from them but they were least interested in response to me. Today my reporting manager replied with acceptance of resignation letter and ask me to serve notice period of one month from date of acceptance of resig...

Regination Before Bond Period

Sir I am Employee in it company in an agreement written these points according i am ready to pay 2 months salary but they are saying me to pay 2 months salery and need to give 2 months notice to company. As per contract rule can I resign right now . Due to some reasons I have to do this. CONTRACT Rules : Point 2 : The Second Part if resigns from the service of the First Part earlier th...

Promotion to be given retrospectively

My promotion to Executive cadre in the year 2001, was kept in sealed cover due to an enquiry pending against me. I was finally awarded a penalty of Censure. The sealed cover was kept unopened unlawfully even after expiry of the disciplinary proceedings. As per order of CIC on 27th Dec 2016, sealed cover was opened. I was found suitable in the said DPC of year 2001. CCS(CCA) Rule 1965, Part V Pe...

2 year bond-went absconding from the 11 month

Greetings to all the legal experts here. Background: I was working with a company and at the time of starting my employment with them, I was asked to sign a 2 year bond. The bond says that a lump sum amount of Rs.2.5 lacs will be required to pay in case, I fail to work for the duration of 24 months. (this amoun is the expenses incurred for succefully carrying out daily work-but NO TRAINING ...

Posh

Hi I am falsely accused for sexual harassment and committe just called me and shown me allegation also I have replied over them but they did not send me written complain also did not record my response and same day told me to write apology letter, In pressure I have written that. They said there will no be enquiry and we are providing conciliation. They also promised me that no action will be t...

Mental harassment at office

Hi, One of my family members is facing severe mental harassment at her office. Its been going since many years, but the condition has become worse now. She has been called for interview for assistant Library post and all her qualifications matched that profile, but later they appointed her as library clerk(which is not any valid post in the university bylaws),so she objected this and the case i...

Termination and Keeping academic documents

Hello sir, My company terminated me, and not giving me my original certificates stating that you give the amount we decided at the time of making an agreement ( to submit original certificate for 3 years, now it's been 9 months and I have been terminated in july as per termination letter though I was present in august also). but company terminated me then why should i give them the money to ...