Legal questions on Labour

NoC from Current Employer

I am working with one of the IIM which is an autonomous body. I have few queries as below: I have applied for another autonomous body [IISER] wherein I have given an undertaking stating "at the time of interview, I will be submitting NoC from my current organization" a) The organization where I have applied is organizing written test as Part A, Pre Screening and Part B as Screening test fol...

Bond transfer from Indian railways to PSU

Dear sir/ma'am, I am currently a trainee in railways but has been selected in other PSU for higher post job. I had a bond with railways to serve 5 years and amount is equivalent to stipend received during 1 year training. Now according to the rules the bond should be transferred to the PSU for remaining service period. But I am not sure how much will be the bond amount. Because in the r...

Non compete agreement

A rival software company is hiring me for a client for which i have been working with in my current company. I have signed a non compete agreement with my current employer , so in case if i go ahead and switch my company and join the rival company are there any legal consequences that might arise. Here are the exact the wordings from the agreement Non-solicitation of employment with compa...

Mental Harrasment, Manipulated- Delayed promotion, Financial losses conspiracy

My son-in-law serving in a Cent Govt deptt for 22 years, and being mentally- financially harrased by his senior officers for 6 years. They meanmake his requests, applications, claims, allowances and delayed-curtailed them violating the rules many time. As a part of conspiracy they have delayed his promotion by two year against sufficient number of already pre-allocated posts by manipulat...

Salary Issue

I have a left the company because of misbehaviour of manager with immediate effect without giving any prior notice of 1 month as mentioned by them in offer letter but they never provided me ,Appointment or joining letter so i cleared them on email that notice period only valid when employee & employer signed any agreement & i mentioned a date on resignation that i want to my pending salary to b...

During probation period, After accepted my resignation letter, Company can reduced my Notice period?

Hello sir, During my Probation period, I served my notice period and same it is accepted by my manager and HR. HR sent a mail on my personal mail id (12th Aug 2021) that as per notice period, my last working day will be on 1st of Nov 2021 but I didn't check my mail and forgot to acknowledge and later company again sent a mail on (17th of Aug 2021) top of my Resignation Acceptance Letter t...

Resignation not accepted

I have resigned through official email to my manager dated 7th Aug 2021 with due notice period of 30 days as per my appointment letter clause and asked to be released by 6th sep 2021. But he replied as not accepted without any reason. Again I replied on the same mail after discussion with my HR on my final decision to resign and requested to get released on or before 20th Aug 2021 as my final w...

Absorption of contract employee in Govt of India PSU

I joined a govt of India PSU in Delhi in November 2011 as a contract engineer initially the contract is for 1 years upto 2012 for foreign posting. But they further extended the contract agreement for 1 year as the project is still going on. Now on the 1-year extension is given every time, till now I completed 5 years working there as contract engineer and as the first phase of the project is co...

Employer not accepting my resignation even I am serving notice period

Hi Advisor, I request to Advice on my issue. Am working as consultant since last 2.5yrs. I am in New service agreement from 01.01.2021 to 30.06.2022 i.e. 1.5yrs. In which it is clearly mentioned that if i resign before agreement expire then I am liable to pay monthly bonus which took from agreement start date to resign date & additional 50K as breach of contract. In June 21 I got a call from...

Employeer threatning me of legal action for dual employement

I resigned from my organization 40 days back but there is 90 days of notice period. Since I gave my resignation I am continuously requesting early release and offering to buyout the notice period but they were not ready to release me and I have to join somewhere else after a week now. I called my HR again and directly said I will not be able to work further as I will be joining somewhere else...

Dismissed from state govt job

I joined a state govt job . Due to some family reasons I applied for leave without pay and started working.in private. I received a notice in between that such type of leave without pay is not applicable immediately after joining. I received a notice after 3 years that a person is nominated for enquiry to whom I should meet and explain. But I sent my resignation to the head of the institute who...

Signed an employment agreement but do not want to join the company

Hello, I have recently signed an employment agreement for a company but now I do not want to join the company. Joining date is in next few days. In the employment agreement there was no penalty clause as such... A clause which is concerning me is this: ""Legal and Equitable Remedies. You acknowledge that the provisions of the Agreement are reasonable and necessary to protect the l...

Confirmation received post Resignation

Hi , My probation period was 6 months. Post 6 months I received a auto mailer with HR signature stating my probation is extended by 3 months due to lack of documentation but my documents were provided by me before joining as well as for background verification for which I received a green signal . I had also showcased my original documents to my immediate manager & took signature on the Xerox c...

Coal India limited

I joined in coal India on 3rd April 2013. I have singed 3 lacs bond for five year. As per bond agreement Coal India will deduct rs 5000/- pm from my salary to secure the bond after five year they will refund with interest. I applied Indian cost account service through proper channel and get selected. I obtained NOC. I gave 3 month notice. But they process my resignation in delay.i gave notice i...

Action on a bank officer on a psuedonymous complain at the time of his retirement

Sir,I am a retired bank's senior manager of a nationalised bank.I retired from bank's service on 31/07/2019.In first week of January 2019,I received a show cause from our Zonal Office Gonda(UP),where I was posted in Sadullanagar branch from 23/04/2007 to 03/07/2010 as branch head about sanctioning a false tractor loan and a kcc loan by a party,which was sanctioned by me on 26/02/2010.I replied ...

HR not providing relieving documents

I had sent the resignation mail on 7th Jan'21. I had reported to work even after my resignation. It was only the last 5 days of January where I haven't reported since there was no clarity regarding the resignation acceptance (Initially HR said to work for Jan month, later on he said to work for 90 days). The pay of January month is not yet credited to my account. The next update received from...

Legal Resort for Relieving, Experience letter after serving notice period if employer is reluctant?

I was working in my current organisation from last 6 months, Here there is a commitee with Director and 4 secretaries and members who take decisions in form of monthly meetings. Meetings minutes are documented as proof. My appointment letter mentions my appointment is for 6 months period and in last month meeting my term was extended for two months. I have given my notice for resignation prompt...

I wish to leave without serving notice period.

I recently joined a company (<1 month) at a managerial level but I don't like the work there. It's not adding value to my growth so I want to leave. I have got an offer from a different organisation but they are not willing to wait for 3 months notice period. What would happen if I resign and leave? I don't need the outstanding balance of a month neither do I need the relieving letter. Cont...

Questions regarding resignation

I have sent my resignation on mail on 12th July. I have requested for early relieving on 3rd August. The employer said that I cannot leave until I find my replacement and train them. According to the terms of my employement, I have a 30 day notice period from the time of acceptance of resignation. My boss sent me the following message as a reply to my resignation email : "Dear Vinisha, It...

Manager not willing to negotiate notice period

I have put down papers a week back and wanted to get relieved by 2 months - my company has a notice period of 3 months PFB the text under notice period section in my appointment letter: "In the event of your resigning from the services of the company, you will be liable to serve "notice period" of 3 months (90 days) or pay a sum equivalent to the basic salary for the number of days un serve...