Legal questions on Labour

General Hr policy when the employee doesn't serve full notice period?

Hi all, I need some clarifications on the general HR policy for payment deduction for an organization if the notice period is not served. Let me give you a specific example: I am working in a start-up organisation. He has received an offer letter via email only, no hard copy is signed and not received a company appointment letter. As per the offer it’s mentioned 3 months’ notice period, nothi...

Appointment cancelled by State Bank of India

We all have been selected for the Post of circle based officer in state bank of India which requires prior experience of 2 years in other Banks. After clearing written, interview and document verification, we got selection news in March 2021. But after 3 months, they cancelled our appointment, stating we have defaults in CIBIL. We all have resigned from our previous jobs and waiting to j...

Not getting experience letter even after serving 1.5 years of notice period

I have worked in company for 3 years and after 1.5 years I have told my boss that I don't want to continue. He insisted that he can't do anything right now please give me time of 3-4 months. So I have waited and then again went to him and told that I want my final release date and again he said I can do anything right now as of financial months. I waited again and then during covid I sent resig...

Not Releasing me

I joined a small organisation and after completion of 1.4 year they ask to signed a contract having some points including notice period extended to 60 days before it was 30 days, but there is caption that "not applicable on continued employment" i signed that document because i think this point will not applicable on me. and now they are not releasing me ,I am ready to serve 30 days notice peri...

Can I sue my company over the below reason?

Hi Sir/ma. My name is Hamzat. I worked with a temp agent for two years, of which my contract is unlimited. Toward the end of the contract, I told my company that I won’t renew my contract which took them forever to respond. When they finally responded, they sent me non-renewal form I filled it, and after a week they sent me cancelation letter, they asked me to sign it, of which the letter was ...

Serve 3 months of notice period

Hello, I have put my resignation letter on 28th may 2021 in my current company, i have already completed around 1 month of notice period, now when i am asking for early relieve because of the opportunity in other organisation where my joining is on 28th june 2021, my current company is not releasing me by saying we have commitments of jobs, when i am ready to buyout the remaining notice period...

My hr is giving me last working day on the last day of total notice period

Following is the seperation policy from company A)" During the period of probation your services can be terminated by either party by giving 60 days notice period or salary in lieu thereof" B) "Subject to the provision contained in the clause above, on confirmation your services shall be terminable by either party by 90 days notice period or salary in lieu thereof. Company reserves the right...

Employer not giving experience letter

My wife was working for a travel domain company in Gurgaon for their IT-related work. The company had less than 10 employees and the company owner who was also handling the COO position and responsible for all the salary and HR-related thing. As it was the travel company it was facing challenges in COVID and its owner also got infected and hospitalize. After coming out of hospital he dropped...

Internship Contract Related- Possible Consequnces of Breech

Hi, I'm currently working as an Intern in an organization. The initial duration was 2.5 months which was mentioned in the offer letter but not the internship contract, but now I need to cut it short by month due to personal commitments. But they're not letting me do that. They said that they'll only let me leave if I will complete the said tasks, which I don't think I have the time for. If you ...

Promotion, transfer, and confidential report matter.

Madam / Sir, I am facing harassment in service. I never got any charge sheet nor got suspended. The department communicated me adverse remarks of 2015-16 APAR quite late i.e., in Feb., 2017 for which I submitted my reply well within 15 days to quash such remarks. Even after a lapse of 4 plus years it is not yet disposed off, whereas as per the rule Competent Authority should dispose off such...

Salary stopped from DDO

Sir/ma'm, I am akansha, currently working as junior engineer under Rajasthan government. I am resident of Jaipur, Rajasthan and my posting place is, shriganganagar, Rajasthan which is approx 600km far from my home. I took pay leave for approx 20days for my marriage. But at the end of my leave government announced lockdown and movement of all vehicles was stopped so i couldn't join the office. H...

Non issuance of experience and relieving letter

I have worked for an private organisation for 1.7 years, I resigned the company on 03/07/2020 and served the notice period of one month and my last day with the company was on 03/08/2020. I had left the company with all the proper exit formalities. After 10 months also, I have'nt receievd my experience letter, even after constant followups. When I spoke to the CEO regarding the same, the same ...

Regarding no show clause

"The Employee hereby acknowledge that on account of employee not joining on the start date (no show) or unauthorized disclosure or use of Confidential Information or a breach of this Agreement is a fraud perpetrated on the Company, which could cause significant and irreparable financial harm. Accordingly, the Employee agrees that the Company shall have the right to seek and obtain injunctiv...

Payment of Full and Final Settlement to a Terminated Employee.

I worked as a Senior Accounts Officer for 5 years in a Private Limited Company. I am a permanent employee and having a valid appointment order. On 26.03.21, my Accounts Manager called me to his cabin and said to me that, MD is not satisfied with me with regard to my performance and hence I have to quit from the company on 31.03.21. No any termination order in writing issued to me. Just or...

Salary in lieu of notice period

I was offered by a school to join in january. I received offer letter on email about the joining date and my designation as HR. I accepted and joined. In the month of march, there was lockdown, i started wfh . No new joinees was given appoinmnt from january. In the month of april, i mailed my managemnt from my personal id to provide me feedback of my work . Both the directors replied that they ...

Former employee seeking for discharge papers - Experience letter and performance evaluation

Good Day Sir/Mam Myself Ramasubbu Hariram, working in Virgin Voyages, cruise ship company based on plantation, Florida. I joined the company on 16th Jan 2020, as Head Utility, i was working in scarlet lady(virgin voyages) , due to some bad circumstances i had to disembark the ship on may 27th 2020, by the month of jan 2021 i received a mail from our manning agent (KAMAXI CONSULTANT) in i...

Company not ready to release me

I have given resignation but my company is not ready to release me. I have been working for 5 months, but company has not provided me any training nor they have provided me any work. I am just sitting idle and they are telling me that you will be deployed in a project so can't be released now. I have told them that I am ready to pay for the notice period as per contract but they are saying the ...

False allegations in releiving letter

I worked with Zumi Solutions Pvt Ltd from July 2019 till May 2021. The company has recruited me with a 3 years employment bond but have not provided the copy of the bond to the me. I was forced to work during lock down and did not offer work from home. I was infected with covid19 also. As the management was continuously refusing to give work from home and I did not have any project work. So, I...

Seeking Legal opinion.

I have been Selected for the Single post of Case Reader in Pursuance to Re-advertisement Notice of 2011 for by the J&K Services Selection Board. On the recommendations of JKSSB, appointment order was given to me on 30th of March 2017. Now after a period of more than four years I have come to know indirectly that JKSSB has passed an order few days back where-under my Selection is Cancelled in...

Regarding Regularization of Contractual Employee

Iam working as Contractual Engineer in a CPSE PSU,from more than 05 Year without any single day gap of my service to PSU.My selection along with other staff was done on individual contract basis initially for 02 Years.which extended for another 02 years time to time without any gap,and I have completed almost 06 year.Some of other staff have completed about 15Yrs.of Contractual Service.I was re...