Legal questions on Labour

Resignation during minimum employment period

I was going through my appointment letter and I noticed there's nothing mentioned what actions the company might take against me if I resign before the minimum employment period of 2 years - "Considering the fact that the Company would be investing its substantial resources on the Employee, in Training and Coaching him / her for their technical job duties, in Communication and grooming him / ...

Notice Period Change and FNF Calculation

In October'22, the company changed the notice period from 1 month to 2 months to which I never agreed to and never given any consent verbally or written. I resigned in December'22 and I served 1 month and 16 days on the request of the management to make the new joiner learn the knowhow of the work. Now, I have received the FNF as per 2 months notice period and they have deducted the remaining r...

Non payment of gratuity and VRS benefits

Sir, I was originally appointed by the Director of Industries AP Hyderabad in 8/1971 as Typist. In the year 1974 I was absorbed into the services of APIIC Ltd in Public interest with an assurance that APIIC will pay my service benefits ie., gratuity pension etc. for service rendered in the Government. But APIIC has failed to honor their commitment and denied my gratuity amount and also 7 ye...

Resinged the job

Hi Sir/Madam, I have 3.5 years of experience. I have onboarded virtually in a MNC. I'm from Tamil nadu and my working location is Bangalore, Karnataka. I was really not well during my joining process, So I can't able to relocate on that time. I asked them to extend my joining date. But, they asked me to login through my personal laptop for one week and requested me to come to office the next ...

Notice period buyout at basic salary or gross salary

I have resigned from a company stating that I will serve one month of notice period as I am still on a probation. But my appointment letter mentions a notice period of 3 months (does not specify probation or confirmation). HR is asking to serve the notice period of 3 months. I accepted the same (as it mentioned in my appointment letter) with buying out of 2 months’ notice shortfall (as I am al...

Retrospective promotion

In Odisha Police, in the year 2012, 29 posts of Private Secretary and 04 posts of Sr. Private Secretary were created on 27.02.2012. But, no Service Rule was framed about the eligibility of promotion and no Selection Board was constituted. Odisha Heads of Departments Service(Recruitment & conditions of services of Private Secretaries, Personal Assistants and Stenographers) Rules , 1988 had been ...

I joined a company for a day and informed them that I will not be able to join them

I joined a company A for a day and I got a good offer from other company B, I told the company A that I won't be joining. I did not use their login credentials to log in to their system. I did not even switch on their laptop and return the company asset (laptop , charger, mouse , bag) the very next day by travelling 60kms myself. I joined the company B , but now my company A is kind of troub...

FnF settlement pending

Hi, I was working with one concern where I resigned and left the place of work after handing over data & details to the concerned person. All this was done after discussing with the owner of the concern and all have rightfully accepted after failed persuasion of serving 1 month notice period. But due to some person reason I did not serve any notice period as the firm did not had HR policy, ne...

My ex-employer have sent a legal notice for breach of bond

I was working with the company for 1 year and left without giving 3 months notice period as was required in the bond. I had signed a bond of 2 years in which I had to serve 3 months notice period without payment or pay 3 months salary in lieu of the same. I was on probation for the same period of time. While working I came across several issues which are: 1. They was no sanitation in the offi...

Penalty of one year Censure in the same matter where court has been equitted from all charges.

👉In 2016, a complaint of sexual harassment was made against a central Government teacher by the father of a girl, after which the employee was suspended on the basis of the report the report of prelimanry inquiry. 👉An FIR was launged by the parents of the girl in the police station under the POCSO Act, the employee was arrested and sent to jail. 👉 The employee remained in jail for 3 months an...

Legal notice to hr

Hi, I had a bond with my employer but work environment was not that good so i had to resign within 2 months of joining. My CEO said pls continue to work and i can leave without a bond with two month notice any time. Again, after 15 months my boss puts an allegation that i am spoiling a team, and nobody is happy with you. So, i hurt and took a decision to resign and put down the papers. Actua...

Notice period buyout and spot resignation.

Your employment with the Company shall be terminable, without reasons, by either party giving three-months notice .The Company reserves the right to pay or recover salary in lieu of notice period. Further, the Company may at its discretion relieve you from such date as it may deem fit even prior to the expiry of the notice period. However, if the Company desires you to continue the empl...

Company assets not fully returned. Can my full and final settlement be legally withheld?

Asked to resign and due to mismanagement, was not given appropriate information for asset handover on the day of resignation. I sent a mail for the same however, I received a response (that the assets have not been returned) and a call where they basically threatened me with legal action. I said I've responded to all the mails and request some help with this. After this, I arranged to return ...

Experince certificate content

IS THERE ANY LABOUR RULES MENTIONING THE MANDATORY DETAILS IN AN EXPERIENCE CERTIFICATE. here one company is giving an experience certificate only with the job post/role (designation name: ed. process technician , instrument technician , ASSt Manager, etc.) and the joining date and resignation date. no other details mentioning that in which department he worked, which are the equipments h...

Terminated but gave resignation letter without any benfits.

I am viraj. i have worked at XYZ company from last 3.2 year. Xyz is MNC company but my working location sometimes in client side and some time in my comapany side. My working Hours generally 11am-8pm. But client set a meeting at 8 clock at night and this meeting generally takes 2-3 hours every day these meeting goes upto 12 -12.30 clock at every night even sat and sunday also. And from last 4-5...

I need to resolve the query about family pension

Hello sir, This is Sudha Khan who citizen of Kanpur Nagar in Uttar Pradesh.My father was central government employee in Small arms factory kanpur which is undertaken by ordnance factory board and he passed away therefore according to government plan the elder childrens of deceased parents would received pension.So i made it with all of my bag and baggage likewise- Family certificate and succe...

Company is asking to pay the gross monthly salary for the balance notice period

I had resigned from my company (on probation) on the 29th of September 2022 and had informed the company that i would want an early release by serving 1 month / 30 days of notice period. The company initially denied early release but later approved for early release by serving 2 months i.e. 60 days of notice period. My last working day was 25th of November 2022 (as 26th and 27th November were h...

Deduction of Notice Period

I was employed with a company and had signed a employment contract with a notice period of 90 days. After 5 months of serving in the compnay, I resigned and requested a early relieving in next 30 days. The company did not accept or deny my resignation or relieving date. They did ask me to begin my transition of work to an existing employee. Within 15 days of my resignation the company sent me a...

Regisnation declined by employers

In my offer letter there was not mentioned any clauses that I need to sign a commitment letter in time of joining but when I went to the company for joining then after the joining later company force me to sign one commitment letter where it was stated that company will spend money resource and time for me so that I can't leave the company for 3 years. I spend 2 years in the company but compan...

Restrictive Convenant Clause

I have deputed to UK from TCS and working for a Client(Sub-group of TCS). Currently I have resigned from TCS and going back to India. Client gave me an offer to join them from Indian Branch for different role. But TCS HR is stating an restrictive covenant clause not to join the customer in same line of business for 12 months as per in deputation agreement in resignation mail. Below is the conte...