Legal questions on Labour

Reliving letter

Hi Members of the panel, I have worked at an IT hardware company as an online sales professional handling their accounts for Amazon , FK and other online portals. I was also single handedly managing the product and LFR ( Croma ) business for them. I resigned on the 28th of February. I had a notice period of a month. I requested them for an early reliving on the 26th of the month after. ...

Enforceability of restrictive covenant by TCS overseas(UK) based on onsite agreement signed in India

I worked for TCS for client A, in the UK. I recently moved from client A (bank) to client B (retail) and during the same period, applied for a job for a permanent position at client A, having no direct relations with Client A at the time of the offer. Client A TCS manager/TCS HR came to know somehow and sent me a letter stating that I'm in violation of a non-compete clause and asking me to conf...

Compensation

Hello, My name is Afshan, I work for a US based firm in Hyderabad and on the position of a Dy. Manager. Like anyother company, my company has a predefined increment criteria and a certain percentage of Hike is given to employees based on their ratings they achieved after working hard for an year. I was due to get my increment letter in April end and a salary calculating the %hike i recie...

NPA/NCA - Indian Company to American Company (Client) - Direct Employment

Hello Sir/Ma'am I am currently employed in Company X - that is a service provider for an American Company. Last week we got to know that the Client (American Company) is no longer going to extend the contract and the process is going to end on 30 May. On the side, the Client has reached out to me and few other colleagues of mine (as we were top performers) to join the American company ...

PF transfer rejection under requirement of sanction document under 26(6)

Dear Sir I was working with a company and joined that company on April 2013 and left on May 2014. The company was deducting pf @ 12 % on my basic salary of 98625/pm that is rs 11831 and contributing the same as 531 in EPS and remaining goes to EPF. The epfo was crediting my interest every year and did not raise any question till March 2022. The past company has been closed now and under NCLT...

Not received Full & Final Settlement and Relieving letter

Hi, I worked in a company based in Chennai in 2021. I resigned and relived from the company in November 2021. It's been more than 6 months, and neither I received my Full and final settlement, nor relieving letter. I took multiple follow up with HR and my manager, however, I'm not receiving any concrete response on the timeline by when I'll receive the amount. When I joined that company, t...

Need advice

Hello sir i am working in govt bank. i oppose too much pressure given by authorities for unrealistic targets, late sitting, calling on holiday, too slow software, etc.1st incident rm and some other staff called my contact no. on 1st april just to know if our branch is opened that day or not? he knows on 1st april branches are usually remain closed or are closed early. even in regional office s...

Notice Period on Probation

Hi, I have joined an Organization on 18th of April. They have a probationary period of 6 months. After joining the company I have realized that they have made some false promises to me. I want to quit on 1 weeks notice. Can I do that without any legal issues? They have the following clauses written in the offer letter. a) Either party can terminate this employment by serving a ...

My Previous organization refused to give me Experience letter

I have worked for 2 years in a Pune based company. during the 3rd covid(January to February) wave company has insisted all the employees to do Work from Home only from Pune. But I have gone to my Home town which is in Telangana without informing them. Management Has tracked my location without my consent and asked my location. I was not aware of location tracking and lied to them telling them t...

Resignation submitted, contractual position

Dear Sir/Madam, I work for a company on contract basis i.e as a consultant. I have submitted my resignation here, but the employer says the following: a. To complete all the works assigned to me(I am assigned works of another employee who resigned here and the works are out of my purview) b. To find a suitable replacement before I leave. c. I am in deemed employment as per my Employer. ...

Legal notice during Probation period

I have received a legal notice from a company, when i left the company I was on probation period. I joined the company on 17th January and got suck leave from 16th February to 14 March as I went under serious health issues against which i submitted my summary and reports. I joined back on 14th March and resigned on 16th April due to toxic environment. There was no rules and employees were makin...

Settlement of Full N Final is yet pending.

My name is Rupesh P. Kalane, resident at Charholi (Bdk.) Pune – 412105, employed with IVROOM POWER PVT LTD, registered with GSTN-27AAECI3910Q1Z8 and CIN U74999KA2017PTC099528, website: www.felidaeelectric.com @ Felidae House, Plot No. 5/2/3, Opp. Mahindra Gate No 02, Chakan MIDC, Nighoje , Pune- 410501, since May-2021 on position of Accounts Manager. The above said company have started its Blo...

A finserv company cheating me with 23.5k

Hi I'm mohit and I'm a freelancer and my concern is related to a finserv company. The company named is Ozone Fin-cap Investments Ltd (ozonepe financial services old name), A friend of mine introduced them to me a long time back for some website development related work i dealt with them back then and again back in January this month they came back to me for developing a new website in which the...

Do I have to serve the notice period after resigning from a contract

I am working on a contract job for a company, at that time I signed an offer letter which didn’t have any clauses. Post which I received joining letter which had clauses written and had a column where they asked to sign as token of acceptance which I never signed and company never made me. I want to resign even though 1.5 months are left for the contract completion because of my personal rea...

Regarding Seniority of Direct Recruits

Respected Sir, a state govt undertaking had advertised for the post of group A officer who has worked in a supervisor or managerial capacity for the period of 5 years. I was working with a nationalised bank and got selected to state govt undertaking after fulfilling eligible criteria and cracking written and interview. I secured 3rd rank out of 15. There was a clause in appointment letter to j...

Recovery from employee post exit

Sir, I had lost my job with a reputed company as a result of layoff during 2019 covid lockdown.Thereafter i got a job with a food processing company in Aug 2020 at a very less salary for survival.Then when i got a better job,the new company required me to join immediately and since money was also important I took up the offer to join by giving a 1 day notice to my existing company which he ref...

Cheque Bounce Case

Hello I worked with a web development firm in Ahmedabad. When I joined they told me that 1 month will be training without any allowance and after that 2 months they will give me a stipend of 8k rupees till my probation period (next 2 months) ends. After that, they have given me the offer letter and mentioned that I'd joined as a trainee and the salary will be the same for the one year. Actua...

Withheld NOC application without any Reason

Respected Sir/ Madam, I am currently working as a Junior Engineer in Southern Railway. I completed my training and joined in regular service in Feb-2022. During training period I applied for Kerala State PSC examination for the post of ASSISTANT ENGG. giving due intimation to the Railway organization. Now I cleared the written examination and waiting for Interview. Prior to interview Document...

Can I leave company without notice period in Probation period ?

My company at Bangalore provided me an offer letter via mail on 8th Jan 2022 and still now I have not received appointment letter. Few highlight points mentioned in offer letter: "This position will be on contract for a period of minimum 6 months from the date of Joining. Employment will be renewed after completion of 1 year term. Notice period while relieving will be 90 days from the date of...

Conditional clause for early release

Hi, My notice period is of 90 days and I noticed my employer that I need early release in about a month. As per my company's employee handbook for termination of service is : "Should the employee desire to leave the Company at any time, the permanent employee will be required to give 3 (three) months’ notice in writing to the Company or 3 (three) months basic salary in lieu thereof. If e...