Mohim Roy | Legistify

Mohim Roy
Answered on 09 Sep 2019

In order to get the relieving letter and joining bonus when the company is refusing to do the same, the first thing you could do is to send them a legal notice regarding the same by consulting an employment advocate who specializes in dealing with such matters. If there isn't any response from their side to the legal notice, the next step would be suggested to you by the consulting advocate, which should be filing of a case at the labour court.Read More

Posted on 08 Sep 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 06 Sep 2019

If any employee has signed Non- Solicitation clause, then he cannot on board the employee from the previous company nor he can deal with the clients as well. There is no alternative for the same.Read More

Posted on 01 Sep 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 16 Aug 2019

The best solution to such a situation will be to stop working, as firstly there is no binding legal agreement and secondly the terms regarding cancellation amount were not pre-decided. Still, I'd advise you to get a formal consultation from a good employment lawyer in India.Read More

Posted on 11 Aug 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 30 Jul 2019

If the bond is not been completed and is broken in between then the Pharma company can incur the penalty written in the bond or the industry can send a legal notice or even can file a court case. You can consult our expert employment lawyer in India who will guide and advise you in your matter.Read More

Posted on 29 Jul 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 25 Jul 2019

Full and Final Settlement commonly known as FnF process is done when an employee is leaving the organization. At this time, he/she has to get paid for the last working month + any additional earnings or deductions. The procedure has to be carried out by the employer after the employee resigns from their services. You can relieve the employee first and then do the FnF OR do the final settlement first then relieve the employee. It depends on your company policy. The major components of FnF are: 1. Unpaid Salary: Unpaid salary includes annual benefits such as LTA (leave travel allowance) and arrears or any salary held due to certain reasons. 2. Leave Encashment: Unpaid leave dues should be paid by or before 7th and 10th of the following month of resignation. Still not sure with the information you can consult our experienced employment lawyer in India who will guide you further in the matter.Read More

Posted on 22 Jul 2019 | 1 Answer

Aditi Singh | Legistify

Aditi Singh
Answered on 24 Jul 2019

Yes, we do deal with devices related to labour law like employees contract etc. You can go through our website for more details. And you can also consult our panel experts. READ: Industrial and Labour Laws in India You can consult our experts in employment law in India who can help you regarding your matter.Read More

Posted on 23 Jul 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 18 Jul 2019

The signed and stamped” Letter of Appointment” between an employer and employee is a legally valid document in the court of law. If an appointment letter clearly spells out the conditions of termination and notice, and the employee signs the document, then he/she must abide by the terms. However, most organization have a condition of ”lieu of”. Typically the notice period can be waived ”in lieu of” pay deduction. And most employees exercise that option by negotiating the difference with the other organization. There are always exceptions but no ethical organization can force an employee to serve the notice unless there is a pressing business need or ”notice pay” refusal from the employee or monetary advances provided to the employee. The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter. The Employee can leave the job by either giving notice or payment in lieu of notice. The Company’s policies and procedures are supplementary aspects. The constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid. By putting the clause in service regulation that it is company’s discretion to accept the notice or not is against the provisions of the constitution of India. Still confused with the information may be our expert employment lawyer in India can help you.Read More

Posted on 17 Jul 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 13 Jul 2019

You can send a legal notice to your Manager stating the grievances/ problem you faced while resigning and the also stating the genuine issue due to which you're not able to serve the notice period according to the employment agreement. If your Manager fails to respond you legal notice then you can take further action regarding the same. You can consult our good employment lawyer in India who will guide you for the same.Read More

Posted on 07 Jun 2019 | 1 Answer

Harini S | Legistify

Harini S
Answered on 04 Apr 2019

If leaving the company before the completion of bond you might have to pay penalty as mentioned in the employment agreement. If you pay the penalty there will be no legal action taken against you. For more clarification in your matter, you can consult an expert employment lawyer in India, who will suggest you and advice you better in your matter.Read More

Posted on 03 Apr 2019 | 2 Answers

Harini S | Legistify

Harini S
Answered on 21 Feb 2019

You can send a legal notice to the employer through a lawyer in India for seeking reimbursement. If the employer fails to do so then you can take legal action against them by filing a suit in labour court with the help of a labour lawyer in India or a debt recovery suit in a civil court.Read More

Posted on 14 Feb 2019 | 1 Answer