LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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JOHN J SMITH   14 January 2015 at 00:33

Salary not received since last 2 years

Dear Experts, I am associated with a construction company in Mumbai since last 2 yrs and 6 months. I was paid initially for a period of 4 months only but after that they never paid my salaries and kept giving me assurance that they shall pay me in lump sum very soon. But unfortunately, I'm still waiting till now.
I need to file a lawsuit against them but I'm not having any idea as to
(1) What will be the consequences?
(2) How and where shall I do it?
(3) I'm from M.P but the employer and the firm are from Maharashtra
(4) How much is it going to cost?
(5) How much time will it take? &
(6) Will I be getting additional compensation as I have suffered a lot mentally, economically and socially.

Kindly suggest!!!!

mohammedzubair   13 January 2015 at 20:40

Company not providing joining date and appointment after releasing offer

Dear Sir,
i have been selected for the xyz organisation and they had released an offer letter to me and said that later the details of joining and appointment letter will be shared to u.. and till now i didn't received any updates from the HR and it has been nearly 3months completed.. untill r unless i give a call, HR will not give me any update and now HR is unable to get in touch with me whenever i give a call to them they will say that HR is in the Meeting and later u will get a call by him.. and i will be waiting for the call.

so anybody suggest me what to do now and how to reply them through E-mail...

waiting for the suggestions..

Warm Regards
Mohammed Zubair

Dipak Das   13 January 2015 at 07:51

Non payment of salary till end of notice period

Dear expert
My friend working for a big company.She has completed 6 months in the company but has not been confirmed due to dirty company politics and is on probation.

Now she want to resign from her job.As per her appt letter states there is notice period of 2 months for any employee of this company whether confirmed or probation.

However company HR says that if she resigns she will have to serve 2 months notice and her salary will be on hold for 2 months and paid on successful completion of notice period.
This the HR says is because the company needs security that she will complete her notice period and not run away.She told HR she is ready to give undertaking that she will serve notice period but HR not listening.

But for salary person working without salary for 2 months is difficult. Also there is no assurance that company pay full 2 months salary after notice period over.
Is this legal.
Can my friend ask for 1 month salary to be paid at the end of first month notice period and the second month salary to be paid on completion of total notice period. Also she has no leaves left.

Please help as HR & company harassing poor girl

Dipak

Harjeet   13 January 2015 at 00:11

Adjournment opportunities

Dear sir

I wanted to know that how many times a private respondent can get adjournment opportunities to submit reply in a civil writ petition in highcourt.

In one of our case respondent state has filed reply by the way of counter affidavit in second opportunity (3rd hearing) but private respondents sought time second time to file reply. Can they take more time on next hearing. We are ready to argument on state's reply.

Yashodhara Rao   12 January 2015 at 19:22

Please paste a format of legal notice to ex-employer for the payment of due amount of salary

Dear Experts,

Please paste a Format of Legal notice to ex-employer for the payment of due amount of salary.

I have already asked them to pay it but they refused to do so and now it is 5 months since I left them.

Regards

Sudha   12 January 2015 at 11:12

Payment of bonus/ ex-gratia

Dear Experts,

In my present monthly CTC Ex-gratia/bonus component is included which is retained by the company and the accumulated amount is paid once in a year during Diwali. if someone leaves the company can the amount of ex-gratia be lapsed or it should be paid along with F&F?

shikha   11 January 2015 at 18:56

Compensation for the duration of pregnancy after forced resign

Hello All
Greetings....
M working in a Clinical Research Organisation which is a limited company
Recently my company asked to resign to more than 80 % employees saying that company is going to shut down. Otherwise they will terminate us. On resignation company is paying three months CTC and on termination company will pay 2 months basic plus HRA. All the employee asked to resign has been resigned.

In my case m pregnant and I refused to resign and asked them to give me compensation for my pregnancy duration coz in this situation I cannot get any job. They refused to give any compensation except 3 month CTC. At that time I asked for one day time to think about it that I should resign or not. But they refused for time and they said that either resign now or they will terminate me on same day. I resigned bcoz I was so stressed. Along with me more than 30 employees has resigned. And then they give us our full and final. They gave relieving letter of later date ( 2 months later of the date of resignation)
Now can I get compensation for my pregnancy duration? Is there any chance to get compensation on the ground of forced resignation.

Please advice me that what should I do?? Bcoz now I cannot get job and I will be unemployed for around one year.

Thanks in Advance

discography   11 January 2015 at 15:18

Working hours in ites companies

Hello Sir,

What is the maximum working hours allowed in ITES companies as per labour laws. My company has 10 hrs X 5 days work policy. This includes 1 hour break every day. Which means 45 hrs working and 5 hrs break in a week. Is this allowed as per labour laws.

Regards

J SRINIVASARAO   10 January 2015 at 16:36

Advocate practising in service law in supreme court of india

I am a bank officer given compulsory retirement. This I have challenged in High court of Andhra Pradesh and won the case. Bank has given compulsory retirement for second time. This I have challenged in High court of A.P. and lost the case. In writ appeal, I have won the case. Now Bank is moving to supreme court of India. I need the help of a good advocate in service law. I cannot pay huge amounts towards fees. Please suggest some good lawyer.

sunilkumar   10 January 2015 at 12:11

TECHNICAL RESIGNATION

Sir/ma'm I joined Indian Railways as junior engineer on 20th feb 2013.I had already filled the form of cgl 2013 before joining.i didnot inform the department about my candidature at the time of joining.But I came to know that it is required to intimate the department regarding candidature in all exams as soon as one join.So I wrote a letter on 6th jan 14 regarding my unawareness of the rule and intimated the department after tier 2 of the exam ..before results and I mentioned that result is awaited in that letter.Also I requested to let my candidature be intimated.The department didnot respond me.Then exam got scrapped through a cat order. I sent the admit card of re exam tier I in july and requested to allow me to appear in the exam referring the first letter.Still no any reply came.Then after I was selected and interview was due I applied for NOC in nov 14 reffering above two letters . I got NOC to appear before the interview board in dec14.Now do I have a chance to get technical resignation if I am selected. Kindly guide me.Thanks in advance.