Legal questions on Labour

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...

Need urgent advice

Respected Sir, My situation is quite complicated and I request you to please provide me proper guidance or solution for the same. I belong to middle class family. Past from 1.4 year i m working in UPSC as a contractual staff who has been appointed by UPSC the process for appointment as follow, we have submitted the application with our experiences then we have shortlisted from application then ...

Regarding relieving from my current organisation

I have joined a small-mid scale company on 10th May 2016 on a 6 months contract. Contractual agreement clearly states that contract is terminable by giving 30 days notice. Now I have a very good opportunity to join another organisation. I had discussed this multiple times with my manager who's also co-director of this organisation but without any conclusion. I have finally written my resign...

OBC certificate validity and income issue

Both my parents are farmer (or labour more specifically) as the land they work on still belongs to my great-grandfather. We've no property or business. So obviously, I belong to an non-creamy OBC caste and got a certificate issued from Tehsil in Rajasthan state. I applied for a central recruitment examination and hence used OBC as category with a valid certificate. Now, issue is, along wi...

Offer Letter Withdrawn on the date of joining

This is Ayanjyoti Das. I have been a pharma sales professional for last 12 years. Due to some family health issues I had to leave my job in July 2016. After that I was busy in taking care of my father's health and unable to appear for any interviews for the next job. Subsequently my father's health deteriorated and he died on 7th August. Then onward I started searching for the next job and I go...

Job Redundancy & Compensation

Background: The company in question embarked upon an IT restructuring plan globally, I headed a function at one of the Indian offices. As part of the arrangement, services were to be outsourced with an option to transfer staff to the 3rd party. Initially around Feb '16, I was informed that the change will not impact me/my position and I have to assist in the transition. Later, over a phone ...

Full and final settlement

Hi, i was a contract employee to one of the mnc company under payroll XXX, later got converted has permanent employee to the same mnc company, i worked 9 months under my payroll company,company deducted my PF amount (both employee contribution and employer contribution) from my salary. Now the company is not ready to pay the Pf amount which was deducted from our salary, also PF account itself ...

Entitlement of wages

A complaint is filed by a workman against a Doctor in whose clinic he used to work as a helper(cleaning etc work) since 12 years. One day the workman took his salary and said that he is going on leave for a week and returned after more than 4 moths and after coming he started screaming on clinic staff that they should immediately go back as it was his duty to attend calls and get tea etc. On th...

Termination on the joining day without any notice.

Hello All, I have a query related to labour laws. I joined a Dubai-based company which is registered in India as a pvt. ltd. and has its offices in Delhi and Coimbatore. They terminated my offer on the very first day of my joining without any notice. I just asked my supervisor that if I can take off a little early(1.5 Hours) on the first day, I don't know if he misunderstood me or wha...

PF Transfer not done (RTI not responded)

Hi, i transferred my PF balance from previous office to current office. On 23rd February 2015 my previous company Trust (Delhi) transferred my pf balance to current company account (Vashi, Navi Mumbai) and shared Annexture K with me, which contains all transfer details. Vashi PF said they haven't received my pf balance. I submitted RTI to Vashi office and lagged a Grievance but they are not rea...

Action to be taken for non receiving Due Full&Final

Dear Respected, I have worked in the company as a sales manager;for 6 months and have resigned in probation at 5th month, and served the entire notice period of 1 month and have obtained a clean relieving letter.Though I was a manager, but I was made to do all clerical and cheap tasks.I had a subordinate under me, but only his leaves used to come to me on my mail for regularization.And that i...

Final Settlement

I had worked in a company for 9 months. I had served 1 month notice period from July to August. Even they did not transfer my salary of month June. They had told me to prepare all the documents before 15th and settle all the dues on 15th August. I called them on 16th and 17th as it was holiday on 15th but they asked me to come on 18th August. That was also holiday in office(Raskhabandhan) but ...

C.W.P No. 1022 of 2015

Dear sir i working as lecturer in govt college from last 7 year on a contract so please tell me this case of copy is our favorable or not please tell us i really worry this IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 1022 of 2015 DATE OF DECISION: 21.07.2016 Gagandeep Kumar and others ..........Petitioners Versus State of Punjab and others ..........Respondents ...

Full & Final Salary Settelment

My self Abhishek sharma.I worked with a Pvt Company from Nov-11 till July-15.I gave resignation on 16th June-15.i had notice period of 1 month in that notice period i was on approved leave for 10 days from management.(the mail used was of company server so no back up with me).Also i left organisation before 7 days of my notices period with legal acceptances of management on my Registration Lett...