Arshi Noor | Legistify

Arshi Noor
Answered on 19 Nov 2019

You can give him prior notice before 30 days and ask him to leave the job.Read More

Posted on 17 Nov 2019 | 1 Answer

Sarthak Mehrotra | Legistify

Sarthak Mehrotra
Answered on 19 Nov 2019

According to the above facts, you have multiple options through which you can seek relief: In the above case, your Right To Property has been clearly violated. It has been previously held by the Supreme Court, an employee earns these benefits by his long, continuous, faithful and unblemished service. It is thus, a hard-earned benefit, which accrues to an employee and is in the nature of property. The right to property cannot be taken away without due process of law as per the provision of Article 300-A of the Constitution Of India, which is reproduced as under. You can file a writ petition in the relevant High Court seeking relief for violation of your legal right. You can also file a suit of malicious prosecution (along with the above remedy) if you have been proved not guilty in the above case by the relevant court. You can also file a case under section 120-B of the IPC which talks about punishment for criminal conspiracy. Read More

Posted on 17 Nov 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

You can file a labour court case instead of a writ, or a PIL against the bank's circular. Consult a good labour law lawyer in India to know the right remedy for your matter.Read More

Posted on 03 Sep 2019 | 1 Answer

Advocate Ganesh Singh | Legistify

Advocate Ganesh Singh
Answered on 17 Nov 2019

You are suggested to challenge the order passed by said Assistant Commissioner. Firstly, the legal notice may be sent by you and if not complied by the said department, the case may be filed in labour court or in High Court (as a writ).Read More

Posted on 03 Aug 2019 | 1 Answer

Advocate Ganesh Singh | Legistify

Advocate Ganesh Singh
Answered on 17 Nov 2019

You may sign the bond but submission of the cheque is not suggested. Be sure to read to all the lines and phrases of the agreement so that you are not unduly harassed in due time.Read More

Posted on 27 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 15 Nov 2019

You can file an FIR against the company. Legal action will be taken against the company if they are found fraudulent and you can claim salary from them.Read More

Posted on 13 Nov 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 15 Nov 2019

Employers may not fire even at-will employees for illegal reasons, and discrimination is illegal. You must file a complaint of discrimination or sue your employer in the labour court. Consult an employment lawyer in India for the best solution.Read More

Posted on 14 Nov 2019 | 1 Answer

Akshita Sodhi | Legistify

Akshita Sodhi
Answered on 15 Nov 2019

Talking about the legality of such kinds of bonds in India, these kinds of bonds are null and void, according to section 27 of the Indian Contract Act. Any terms and conditions of an agreement which directly or indirectly compel the employee to serve the employer or puts a restriction on them joining the competitor or other employer are not valid under the Indian law. The employee has right to resign from the employment even if he has agreed in the employment bond to serve the employer for a specific period of term agreement which directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or another employer is not valid under the Indian law. Moreover, according to section 19(1)(g) of the Indian constitution, every citizen has the freedom to practise any trade, profession or trade. However, in some of the cases, judgement is being given in the favour of employees they are able to prove this thing that their company has suffered a lot of loss because of your resignation. I would further suggest that you should approach a good employment lawyer and should file a complaint of harassment in labour courts.Read More

Posted on 14 Nov 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 14 Nov 2019

You need to check hether your proprietary firm was registered or not, if yes, then was your company paying any gratuity amount to the government? If yes then only you'll be able to claim the same.Read More

Posted on 13 Nov 2019 | 1 Answer

Akshita Sodhi | Legistify

Akshita Sodhi
Answered on 11 Nov 2019

Under Insolvency and Bankruptcy Code 2016, employees and workmen also come in the category of Operational Creditor. It depends if you are member committee of creditors or not, if you are a member of COC appointed by RP, then the appointed RP can be replaced under Section 27 of IBC code, 2016, if 70% votes come in the favour that the appointed RP should be replaced. If the process of liquidation has already started for the company, you can also apply for a claim under Section 38 of IBC, 2016. It is up to the liquidator or appointed resolution Professional to accept or reject the claim, if the appointed Rp has rejected your claim then you can file an appeal in NCLT under Section 42 of IBC, 2016 within 14 days of receipt of such decision. Consult a corporate lawyer in India to file your case.Read More

Posted on 11 Nov 2019 | 1 Answer