Legal questions on Labour

Consideration deputation period as regular service

Respected sir, I am working as Senior Assistant in APTRANSCO (erstwhile APSEB) which is an public sector undertaking of AP Government. Initially I am an employee of APSPDCL (erstwhile APSEB) since 12.10.2000. In the year 2010 due to medical reasons I was deputed to APTRANSCO and further the deputation period is extended time to time up to 5 years. Subsequently I was absorbed into APTRANSCO. ...

Company is asking money for not serving full notice period

I am a start performer at my job but I had to put down my papers in my last organisation during covid period as my marriage for fixed. My contract stated 3 months resignation period but my wedding was arranged and i sincerely informed my employer that I won’t hence be able to serve the same. After serving about one month of my notice and still going back and forth i got covid and my family move...

About Surety bond amount

Respected Sir/Madam, I, Jitendra Kumar Gupta, an employee of Kendriya Vidyalaya Sangathan (Autonomous Body of Central Government) working as TGT-Maths in the organisation. The following is for your kind consideration and further guidance to me:- 1. I have joined Kendriya Vidyalaya as TGT-maths on 9th Sep 2020. 2. Before joining I had applied for the post of Lecturer in school education departme...

Query

Hi saili here ! On 24th March my dad went to night office duty he came at morning 25 th march 7 am to home after that he was not well still he was attending office call and sended people for interview but on that day that is 25th March at 6 pm he got feet and high fever somehow we manage to take him to doctor he was in serious condition after that we took him to home and he stills pickup tue ca...

Company is not giving me onboarding date

My self Anita Pundhir, I got selected Tried Square Infosec(Banglore) for HCL client. I got an offer letter on17th Feb2021 for Quality Analyst Medical Device and the joining date was 22nd Feb to 28th Feb 2021 and today is 11 April 2021 it's almost  2months now and I am not getting any update after several follow-ups. Before accepting this offer I already have another opportunity in my hand but I...

Recruitment by Punjab state Corporation of Assistant Engineer.

Punjab State Corporation Ltd. Advertised 100 Vacancy of Assistant Engineer in 2014.Some Distance education Candidate file a case against above stated vacancy and high Court chandiagrh put stay on 15 no. of posts and in final judgment allow corporation to Conduct fresh exam for 15 no. seats . Corporation filed LPA against judgment as 15 no. of student as party and board as party case continue ...

Non Disclosure Agreement and notice periods

I have received “offer letter” and post accepting the offer, I received “appointment letter” with date of joining, “applicant form”, “NDA” and request to attach relevant documents. Below are the contents of clause 5 & 6 which are questionable and I feel these as unreliable to extent of forcing labour and mala-fide intent in deceiving employee. These clause comes after defining "disclosing pa...

Resignation and Experience letter

Hi, I had been working in a company for almost 2 years. I resigned by e-mail on February 19th to my manager stating personal reasons. Again sent a mail with more elaborate reasons to my HR on February 22nd. The HR reverted that the resignation will not be accepted as I had been given an appraisal just 5 months before and was required to stay for a year after acceptance of appraisal. But this...

Need to check, what these terms and condition is

Hi, My company has sent me offer letter & Appointment letter, in both they have mentioned twice as below. I need to know. With these term can I do volunteer work, investments, Learn Courses, certifications, make project which can be made commercial later when leave company etc., Do I allowed this thing to do in holidays or free time without using any company property? Please let me know in Indi...

My Ex Employer not providing or contacting me for any exit formalities or letters

I joined Gebbs Healthcare Solutions Airoli on October 2019. Everything was going fine until lockdown. So we were given Work from home but the particular client of the project discontinued 30 July 2020 and we were On No work No pay. However i get the call on 10th August that i have been assigned to a new project but in different location that is andheri. We are given traning from 11th august 202...

Employment Status

I have joined a state govt job training on the basis of document verification and one letter issued from office to send me to training centre.I have completed that training then was asked to come to alloted district but remained absent for 4 months due to covid lockdown.Then a letter is issued from head office that remaining training need to be completed and in that batch I found my name,and th...

Is the action taken by public service commission is valid?

I. The Qualification Criteria Specified for the said post in the notification is as A candidate should possess the academic qualifications and experience including practical experience prescribed, if any, for the post on the date of the notification for direct recruitment issued by the concerned recruiting agency. II. For this Post the required “Educational Qualification” Specified in the no...

Termination from Job by UK Company

Dear Siddharth, i work in a UK company having a fully owned subsidiary in India and I have been terminated from my Job unfairly under conspiracy of the executives on frivolous ground of not speaking fluent English which i feel is discrematory and also due to the financial condition of the company, initially they were not even offering any severance package after fighting back they have agre...

Resignation vs Technical Resignation

I have joined the Government of West Bengal in 14 September 2005. Then, I was issued NOC on 30 September 2005 for appearing in SSC interview where my application was submitted before joining the Govt. of West Bengal. Then, I had submitted resignation and did not mention the term 'Technical' in my resignation letter. Then, I joined Indian Audit and Accounts Department, Govt of India after being ...

Unable to serve Complete Notice Period- personal issues employer denying experience letter

Hi seeking your advise as the current employer has 2 months notice mentioned in offer letter and I am only able to serve 20days notice + I have 10 Paid leaves in my account. They are not ready for buyout option for the remaining time and rest using to give me proper relieving. Following is the employment clause in offer letter Employment Status: Please understand that your employment, just ...

Working policy of resident doctors in NBE

I am doctor who is pursuing PG via NBE. I have been asked to work 70-90 hours per week/320-380 hours per month, by my insitute, with only 30 leaves(given officially on nbe website, but mentions excluding regular offs and public holidays), also includes 28-30 hours of continuous shifts, 2-3 times a week. We are not given any week/monthly offs at all. This has taken toll over me causing mental an...

Notice Period Issue

Dear Sir's, Myself Ravi Pal, I am a private employee working in a Chinese MNC(YANFENG INDIA AUTOMOTIVE INTERIOR SYSTEMS PVT. LTD) situated in Sanand GIDC from last 2Y 10M and rightnow Serving Notice Period. As I have resigned on 27th Feb 2021 and as per Terms of Employment my notice period is 3 MOnths, I am not able to serve my notice period as my future employer ask me to join asap & als...

Can employer stop the relieving/experience letter

Dear All I have resigned from my current organization on 1st March 2021. I have requested manager and HR for early relieving and mentioned my last working day as 24 March 2021 on mail. In my offer letter notice period is of 2 months (60 days). Offer letter having following line "if you chose not to serve the notice period the company reserves the right to recover competition in lieu of notice ...

PF Contribution %

(1) Can the Employer and Employee Contribution % be different for any amount over and above 15000/-? Example Say if Basic is greater than 15 K at present (Say Rs.100000/-) then Employer Contribution would be 12% and Employee Contribution would be 12 % on 15K. For amount over and above i.e. on 85000/- (Rs.100000/- – Rs.15000/-), Can employer Contribution be 12 % or different and Employee Contrib...

Non compete enforcement

My current employee has placed the following on my agreement - "The Employee covenants with the Company that she will not for a period of two years after ceasing to be employed under this Agreement either on her own account or for any other person, firm or company solicit or entice away, or endeavor to solicit or entice away from the Company or any of its subsidiaries any of their respectiv...