Legal questions on Labour

Recovery of excess salary amount and reversion back

Dear Sir, We are 25-30 Stenographers employees from 6 universities in Maharashtra. Our nomenclature was changed and 4 posts were merged into 3 posts in the same cadre of Stenographers. Also our salary was increased as per the posts merged in 2009 as per staffing pattern submitted to State Govt. On 17.12.2018, Govt has issued a GR that the changes in nomenclature and increased salary was not ap...

Gratuity case - Assistant Labour commissioner not giving/conducting hearing.

After completion of 20 years of service, I opted for VRS from a semi-govt organization, Mumbai Port Trust, coming under surface transport ministry in Apr 2018. I come under Payment of gratuity Act, 1972. While paying the gratuity, the employer calculated the gratuity payable to me by dividing my Monthly wage/rate of pay by 31, instead of dividing it by 26 as per the Act and the 1980 Judgment of...

Actions due to Unethical practices

Hello All, I need help and supportive guidance on my issue as below. I was hired by a company A and this company A also has sister concern company B. Due to no work in company A i started working for company B. They were no official communication that was done to take care of business development on company B. In company B we used to import products from Europe and sell in Indian market th...

Question about termination rules

I'm Currently working in an ICSE affiliated school in my location. A few days ago, principal called me and gave me a termination letter. I was literally very shocked. But I know that throughout the year, I was so much dedicated to my work. Each and every colleagues of mine are getting speechless after hearing this. I had no trouble with her ever before. And I got so much praise from my students...

Overlapping of service period issue between companies

I have joined company 'A' during Oct 25th 2021. I got better offer by Company 'B' on same day Oct 25th and joined a company 'B' on Oct 26th 2021. I left company 'A' with a e-mail informing them on same day 25th Oct 2021(Evening) on day of onboarding that I do not want to continue with them. Company 'A' terminated the employment on 25th Nov 2021 (after one month). Where Joining date of comp...

Company telling me to serve notice period after resigning and submitting the assets.

I had resigned from my company requesting an early release within a month, which was rejected despite giving all the documents they asked for. I had personal reasons, as I wished to take care of my grandmother after her surgery and look for jobs elsewhere, as I did not see my career growth in the current company. I resigned stating that 13th February 2023 would be my last working day and I wo...

I got terminated but the HR not providing me with any letters such as experience, reliving letter..

In campus placement I got selected in a company and after signing 6 months(training) +2 years bond the company gave appointment letter saying that the package will be 1.8LPA at the time of probationary period and after will be 3.6LPA on completion of probationary period based on performance. After joining they gave a 54 days plan consisting of topic that need to be done on that day and they tol...

PF service overlapping issue while PF transfer to current organization

Hello Sir/Madam, My name is Harini and I have 7 years of experience in IT industry in which my there is a overlapping issue with my #5th organization, the date of exit which they have entered is incorrect (I quit the organization abruptly, I don't have the relieving letter, but I worked their only for 3 months but they have entered wrong date of exit as 1 year which is overlapping with my ne...

Will it be Okay If i don't give noc at my Dv and don't tell employer about my current job?

I joined rrb bank and just attended 2days training and 3rd day reported to allotted regional office(400 km away). Took leave without pay 2days due to Interview for another job. Then I couldn't go back there due to family problems. I intimated them of 10days leave through an employee at head office. After four days, I got another job in central govt with better pay. As I had document verificatio...

Terminated a lady teacher from a private management school with only oral communication

Dear Sir My wife joined a private management school as a teacher in 2017. She has not provided any offer letter at all. She was getting the least salary on due course. Her salary after all these six years is less than what the new joiners receive. Last year she requested for a salary hike which is at least equal to new joiners. The Principal said she will consider her application next year-m...

I don't have a contract with the company, but now the company is not paying me deposit salary?

I was working as a java developer in a company called endlos technologies. When I started working, the CEO did not authorize us at the time when the company was starting. Then the CEO told me that we still have to make some changes in the contract authorization, then after the changes are made, I will get you to sign the authorization, but in the last month of December. When the company termina...

Outlook sent Items delete - post serving notice period

After serving the notice period of 45 days, I left the company. On the last day, the Hr. did not completed my Off boarding ( off boarding procedure was provided by the off shore client already). I was working for a LLP firm which had a contact with US clients. On the 46th day, I received 7-9 calls and several OTP's to log in to the email which was provided to me by the clients end, also one ...

Non Compete by Employer

Hi, My previous organization, in its offer letter and exit undertaking had a non-compete clause attached to it. I recently received an offer letter from a competitor, and wanted to check if I can be sued due to join (working in sales). Have mentioned the undertaking below: 10. Non-Compete, Non- Solicitation and Non-Disparagement: During the term of your employment at the Company and for...

Force to complete 90 days of notice Period in IT company

Hello, I have submitted my resignation on 13th Feb. I requested for an early release with Last working day as March 13th. I will be serving 1 month out of 3 months of notice period. For the shortfall of 2 months, I am willing to pay. I am moving to Canada for personal health and career reasons. I need to join my new employer in Canada on March 20th. My tickets are booked for March 17th. I expla...

Filing a fresh case for my terminal benefits

I worked in Bank of baroda in Surat Region, Gujarat for almost 15 years from 04.02.1999 to 10.07.2014. Then I was dismissed from bank of baroda on 10.07.2014 for procedural lapses while 3 of my subordinate officet colleagues from the same branch was acquitted & were given minor punishments. After that I fought court cases at Single & Division Bench of Hon'ble High Court of Gujarat for my reinst...

Employer not paying dues

I was employed by a Company at their unit as a General Manager in August 2022. They did not issue an appointment letter or an offer letter citing urgency and stated that the corporate structure is being established and will soon be issued. I had taken charge on thr basis of mutual understanding since it was through a strong reference. A month later they issue a 'Letter of Intent' which had a pa...

Service Overlap Issue

Regarding the Service Overlapping Issue in PF. Wherein I had joined the first company on July 5th 2021 and in the same month I got another offer from the second company and joined on 19th July 2021, fyi both are contractual employment. Firstly I thought to choose one company which ever project is good out of these two, Since working from home no issues occurred. Since the first company proje...

Change in Company's policies related to notice period

Hi, In my company there is a probation period of 3 months, after which we are supposed to get an Appointment Letter. Its been 6 months since my joining and till date I haven't received my appointment letter yet. We have to serve 2 months of notice period once our employment is confirmed with the Company, however, we are only supposed to give 15 days notice period when we are on probation. No...

Maternity leave and want to exit from the company

My wife has worked for a company since 2016 (it is well established with 5k plus employees. it is a stock listed company) and in 2020 she was working from home because of the pandemic during that period she was pregnant and wanted to avail maternity benefits from Nov 2020 onward for 6 months but the company said they have no such policy. what this company does , they exit an employee during ma...

Relieving letter

Dear sir I have been working in a company from last 10 yrs , my designation was technical Officer to support sales , but last two yrs new state head has forced me to do sales , for that he did mental harassment of mine, suddenly one year before my company has asked sales person to resign immediately and they relieved him in one day. And all the sales pressure is came on myself After that yea...