Legal questions on Labour

My Employer is threatening for legal action after submitting resignation

I got a better opportunity in another company and my new employer wanted me to join ASAP so gave a formal resignation to my current employer. As per my joining letter (2.5 years old), there is 45 days salary in lieu of notice is mentioned and as per my latest increment letter (6-month-old), the notice period is 2 months. So my current employer is forcing me to serve 2 months notice period but ...

Regarding inter se seniority

REGARDING INTER SE SENIORITY Himachal Pradesh govt. recruited Assistant Engineers (Civil) in HP.PWD department in the year 2013 through public service commission. Details: 1. Date of advertising of vacancy : 1-9-2012. 2. Date of written test : November, 2012. 3. Date of appointment : 16-5-2013. Recruitment was done as per R&P rules 2002 following the due selection procedure. As pe...

Non compete agreement clause in appointment letter

Dear Seniors, Kindly help me, I have left the company last year by putting resignation and clearly mentioned that I will be joining same nature of business with other employer, the same is been accepted by employer done F&F by deducting my notice pay days and provided relieving letter, on the very next day i've joined other employer, few days back I have got a letter from previous employer sta...

Can company send me a legal notice if I don't pay the service agreement breach amount.

Hi, I wanted to know that can a company file a case or send me a legal notice if don't pay the service agreement breach amount. I was working for a company they hired us via college placement. The offered us a different post. In the starting of the training they forced us to sign a service agreement where we have to serve company for atleast 6 months on breach we have to pay 15000rs. We did it ...

OBC Non creamy layer certificate

Sir, I am currently residing in West Godavari district, Andhra Pradesh and I belong to BC-D category with caste Turupu Kapu. Previously my forefathers resided in Vizianagaram district, Andhra Pradesh and my grand father used to live in that district long time back. We have been migrated to West Godavari district and residing there since my childhood and I had the migration certificate from ...

Unclear Notice period condition by Employer

Hi Team, I have below condition in my appointment letter regarding service termination, I believe to have notice period of 30 days but my organization is forcing me to put notice of 90 days. Can you advise if organization can legally ask me to serve notice more than 30 days with below clauses agreed. " 6. Termination and Suspension The Company may terminate the services of the Employee ...

My boss is not accepting my formal resignation and I'm worried about my original certificates

Hello everyone, So, I have a situation at my workplace where I want to resign from my position and I also agreed to serve the notice period which is as per the joining letter. I have not given any kind of contracts although there was one when I first joined a couple of years ago which is now expired and have not renewed by my employer or signed by me. But now when I mailed my resignation le...

Regarding Notice period of 30 days

Respected Sir / Ma'am I was working with Delhi based Recruitment company I joined on July 19th 2021. After joining they released an appointment letter. HR asked me to sign all the pages and returned him with photo copy / Duplicate copy. But due to work load / Work pressure, I didn't sign that appointment letter and never returned the same as duplicate copy. I worked there for 5 months b...

Notice Period Recovery Amount from Tech Mahindra

Hello Sir, I had joined Tech Mahindra on 11-Jan-2022. But after that I got an better offer from another company so I decided to resign from Tech Mahindra & officially submitted my resignation in the HR portal on 12-Jan-2022. I was not onboarded into any project. They have a notice period of 90 days & since I didn't want to serve 90 days notice period I asked them for early release. So they rel...

Company forcing me to get relieved immediately when I'm serving my Notice Period

Dear All, I am facing a very unusual situation in my career at this point. I've been working with a well known NBFC named Shubham Housing Development Finance Company Ltd since last one year. Current I've got a good opportunity in other organization which I personally feel is way better for my career growth. So, I chose to move to new organization and resigned from my current post of Branch...

Salary Compensation

PLEASE KEEP THIS QUESTION PRIVATE On 23rd Nov I got a call from Strivik Business Solution Pvt Ltd for the job role of Business Consultant and I was informed that it is not going to be a sales job or target base job. The Job Description which I got was completely different from the work which we were doing. On 24th Nov my interview happened with the Director of the company, and I again asked ...

Won't receive my certificates

I joined a nursing home career as a resident aid a year ago as i'm writing this however i eventually quit due to harassment and unfairness taking place at the job. i put in my two weeks, but by the last week of my time there, i ended leaving because of the conflicts i was having with that place and couldn't mentally handle it anymore. when i worked there, i had given them my certificates for my...

Can an employee be a non executive director in her husband's company?

My wife is an employee with a private company as an employee and has the following condition in her contract. -------------------- 10. Exclusive Contract You shall not directly or indirectly participate in or deal with any similar other business during your tenure in the Company, in your individual capacity and undertake not to deal or enter into any agreement with any party who is in the...

Notice period buyout

Dear Sir/Madam, I have Resigned from my current organisation. I am ready to pay by out amount but current employer is not ready for my notice period by out. in the agreement that I have signed had following clause. “ On confirmation of your service, either party may terminate this contract by giving to the other three months notice of termination or three months salary in lieu thereof. I...

Early release from the employer

Hi, My company has 60 days notice period policy and policy says: In case you intend to resign from the services of the Company at any point of time, you are required to serve 60 days’ Notice Period ('Notice Period') starting from the date of resignation. The Company may, at its sole discretion, permit you an early release by; i. Adjusting the vacation leave accumulated towards a part o...

Humiliated and Insulted.

I am a teacher in a private CBSE affiliated school in Bangalore who has a number of schools. I have been working for the past 3.8 years starting from June 18 2018. In Jan 2022, my husband went to collect my original certificates in the head office in Bangalore since I was under COVID quarantine and had to submit my certificates to apply for B.Ed. My husband wanted to get few clarifications with...

Can company force me to serve notice period of 3 months in probation period(6 months)

Hi, I joined XYZ company 3 months back. As I am not liking the work I have put resignation. Initially while joining I was told 1 month notice period and I will be getting also 5000/month allowance on top of CTC. Where there is no trace of 5000/- in the pay slip as well and when I ask HR, they are like do you have anything written on papers. It was just verbal communication. And they are not rea...

Illegal vacation of service

Hi…I was posted as deputy manager in SBI ,Pune.I went on sanctioned sabbatical leave from feb 2016 to Feb 2018 to USA on medical grounds,just in feb 2018 I suffered my 4 th miscarriage and requested the bank for leave of 1 year as I was mentally and physically shattered.Bank gave me 3 months of time and asked to join..I was going through a rough phase of my life where I was trying to conceive s...

Am I entitled to a legal action for breaching the agreement of an internship?

I have joined the internship of HR back in last week of September 2021. It was a 90 days internship where I was told over a zoom interview that I will be paid depending on my performance. I attended like 2 to 3 meetings and then I discontinued as I got a full time job offer for which I gave the interview earlier in September. Since then I am being blackmailed by the employer that since I discon...

Racism, Mental Harassment & Termination without any notice

Regarding company idea: started working with US based IT company name Cocolevio Inc. in February 2021. At start they use to run payroll through 3rd party vendor and but from August onwards they CEO registered his own Cocolevio India LLP with the help of one India employee without visiting India. Issue: I received fulltime offer back in October from some company, but Cocolevio promised me wit...