Legal questions on Labour

Not wanting to serve 60 days notice period

Hi. I'm having a contract with a firm based out of UAE, and i'm working in their tech hub in India. The firm is registered in UAE only and not a registered firm in India, my contract is as a consultant working from India. The contract also mentions that 'This agreement shall be governed and constructed in accordance with the applicable laws of UAE and the courts of Dubai shall have full jurisdi...

My previous employer threatening me to pay 3 months salary for not serving notice period

Hi, I was working in a small company for 3 months. The things were not moving well and I had a quarrel with my owner and they terminated me from the service without any prior information. Once when I tried to open my office mail it was deactivated and then only I realised they expelled me from the job, and I have formally wrote a mail to them that because of health issues I wasn't able to go...

Employer threatening to buyout notice period

I have worked in a company for 3 months. Due to unexpected personal issues, I have resigned and not able to serve notice period as well. My manager is threatening me to serve notice period or pay one month salary else they go for legal actions. Currently I am not in a position to do any of those. My offer letter says "This agreement of employment may be terminated by 30 days on either side. You...

Not Serving notice period due to loss of pay

Hello there, I joined a company 3 months back. After 2 months, project was allocated and while I was working, I started facing numerous issues where team was not helping, even not providing required training to work, I even extended working hours to make sure the work is in progress, it was so wired that whenever i was asking a question they would say go do google search. Everyday, whenev...

Buyout

Hello everyone! My notice period is of 90 days and in my offer letter it is written like " After confirmation notice period will be 3 calendar months or payment of 3 months Basic Pay in lieu of notice. In the event of your decision to leave the organization after confirmation by payment of 3 calendar months basic pay in lieu of notice, you will be required to complete the pending work in your...

Pay fixation

Sir, I am working in a Central Govt. Ministry. In 2017, when I was working as Assistant in Level-7, on my request and as per orders of D/o Expenditure, I was granted bunching benefits while fixing pay as per 7th Central Pay Commission. Later on, on the orders of D/o Personnel and Training, orders of reversal of bunching benefits were issued, on this we approached Hon'ble CAT, Delhi. Hon'ble...

Working timings for a physically handicapped lady officer in public sector bank

Greetings for the day! I humbly want to ask about any law for the working hours of physically handicapped lady officers in the public sector banks. I am a fully hearing impaired lady officer in a public sector bank and due to my own virtue of dedication to my institution and services, i used to stay late till 7 pm or later. However, I never received any overtime payment or any kind of emo...

Got legal notice from employer

I had joined a CA fim in the month of june for learning purpose and clearly said the employer at the time of interview the purpose of my job. After the period of one and half month he deployed me in a government organization namely SFAC as he has some contract there. I had worked in that org. for sometime but there is no learning portion in the job description. Some repetitive work is provided....

Performance Linked Reward (PLR) paid will be recovered from F&F settlement

Dear Sir, Performance Linked Reward (PLR) was paid to me on 28-Oct-2021 against my contribution during the FY 2020 – 21. The same day I have resigned from the establishment and now serving notice period. Today on 30-Nov-2021, I have received an email from HR, that my PLR will be recovered from my Full and Final settlement. As I had submitted resignation and serving notice period, I am not...

Employer not ready to return original documents and give salary

Hello All, I am based in Bangalore, and since I was jobless from May 2019, I decided to move to Mumbai to join an IT consultancy (will call it A) which used to recruit people to different IT projects for their clients. I moved to Mumbai only because it was the only job offer I received in almost 10 months. The consultancy took my original Passport and PAN card on joining date (06-Feb-2020) a...

Termination from job

I was working for a Denmark based pharmaceutical organisation in Varanasi India. I joined that organisation on 2 may 2018 and I was a permanent and confirmed employee. My was a sales employee (medical Representative). I have to promote my company brand to the doctors. On 19 October 2020 I physically meet with dr. Ashwani kumar Tandon but by Mistake I submitted the report of Dr Ashwani kumar Jai...

Guidance

Legal Adviser Folks, I need guidance. The story starts here. In July month, I've got a job opportunity (Contractual Employee) under a third party (named it as A) for a different client company (named it as B). Unfortunately, I was on a bench till today. I have received a partial salary because of the billable code policy. I've received a salary (July - 13 Days, Aug - 20 Days & Oc...

I have agreed to work for company for next two years after increment. Can I Resign after one year?

Hi, I started my career in a company in 2018 and have been employed in that company since then. In January 2020 I got a pay increment as I wanted to leave the company for low pay for another company. But the current company gave me a counter offer which was 5% less to the company to which I applied earlier. I took their counteroffer and they asked me in the next appraisal cycle that is in Janu...

Company is not giving reliving letter and experience letter

I am working in X company since 2.4 years and based on my performance they have offered me Commitment for 3 years on email and asked me to read the terms and conditions. To break the commitment the condition is, "you need to pay the amount you have taken during commitment duration". So I have accepted the commitment on email and after 2 months I realized due to company work culture and my famil...

How to leave job after signing appointment letter having bond of 3 years.

Good Afternoon sir, I have joined the IT company in Chandigarh. I had signed the legal papers of bond and agreement with stamp. Bond Time is of 3 years but in HR round they tell us that the in salary will be 16 thousand after all the deductions for first year. But Now they are paying us the 14 thousand something after all the deductions. Now they are not accepting the facts and blame us that...

Employer Sent legal Notice

Dear Sir / Mam , I was worked in One startup company from Aug 9th 2021 to Sep 3rd 2021 -1 month only( Named as 'A ' - Don't want to reveal the name ) .I worked as an HR position but they gave me irrelevant works other than HR role and put pressure on work areas and extending our work time. After few days ,I got to know the company has not good background and almost no past employees were there...

Threatening email for not serving 2 months of notice period

I had got offer letter from a company, and post working for 2 days, I had told them that I do not want to work with them any longer. Since then they have been threatening me that if I do not server 2 months notice period I will have to pay them 2 months salary. The clause in the offer letter had this: 'Voluntary termination of employment by the employee shall be made in written two months prior...

Excess Full and Final Settlement Paid

Hi, I have been paid an advance salary of Rs 42000 while leaving the company. When I received this amount I assumed that this is my full and Final Settlement instead of an advance salary because I have not received the FnF calculations by then. Had I known that this is an advance salary I would have asked them to take it back as I don't need such advance salary. As per the company they pay...

Employement Bond Break

I have joined a company in Jaipur on Nov 2019 with a bond of 2.5 Years. In the employment bond it is written that they will provide 6 months of training but training got completed after 3 month of joining and I started working on some project but after 6 month completion they extended out training to additional 6 month and did not increase out pay but It was written in bond that salary will inc...

My company is not relieving me.

I joined an MNC company almost 15 months back in March,2020. For most part of the first year, I was kept waiting for the training to begin. I was getting my salary although there wasn't any work for me and none of this is my fault. Every 2 weeks, I was told that the training would begin but it never did. I was always responsive to emails, calls or text from my managers in this entire period. ...