Team Legistify | Legistify

Team Legistify
Answered on 17 Feb 2020

You can send a legal notice to the employer to reinstate you, or challenge your termination before the Labour Commission.Read More

Posted on 04 Jan 2020 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 10 Feb 2020

Sexual harassment is: any form of unwanted words and/or actions of a sexual nature that violate a person’s body, privacy, or feelings and make that person feel uncomfortable, threatened, insecure, scared, disrespected, startled, insulted, intimidated, abused, offended, or objectified. Sexual harassment can take many different forms and include one or more types at one time: Ogling: Staring or looking inappropriately at someone’s body, body parts, and/or eyes. Facial expressions: Making any kind of facial expression (licking, winking, opening the mouth) that suggest sexual intentions. Catcalls: Whistling, shouting, whispering, and any kind of sexually suggestive sounds/noises. Comments: Sexual remarks about someone’s body or clothes or way of walking/behaving/working, telling sexual jokes or stories, suggestions that are sexual or offensive. Stalking or following: Following someone, close or at a distance, by foot or in a car, repeatedly or just once, or waiting outside someone’s work/home/car etc. Sexual invites: Asking for sex, describing sexual acts or wishes, asking for phone numbers, dinner dates and other suggestions that are implicitly or explicitly sexual in nature. Unwanted attention: Interfering with someone’s work or actions by seeking unwelcome contact, asking to socialize, making sexual demands in exchange for work or other benefits, giving gifts that are sexually suggestive, insisting on walking/driving someone home or to work in spite of refusal from the other person. Sexual photos: Showing sexual or private photos or pictures online or offline. Online: Repeatedly or occasionally sending unwanted, abusive, or obscene messages, comments, and/or photos and videos via email, instant messaging, on social media, forums, blogs, or online discussion boards. Phone calls: Making unwanted phone calls or sending text messages that are sexually suggestive or threatening. Touching: Unwanted touching, massaging, pinching, rubbing up against, standing too close, grabbing, groping and any kind of unwanted sexual gesture towards someone. Indecent exposure: Showing intimate body parts to someone, or masturbating in front of someone or in someone’s presence. Threat: Threatening with any form of sexual harassment and/or assault (including rape). Mob sexual harassment: Sexual harassment (any of the above categories) committed by large groups of people against one or more individuals. Sexual harassment is a form of sexual violence. Other forms include: Sexual assault: Coerced and/or forced sexual acts such as kissing, undressing etc. Rape: Coerced and/or forced oral, anal, or vaginal penetration using body parts or other objects. Mob sexual assault/rape: Sexual assault (including rape), committed by large groups of people against one or more individuals. Where? Sexual harassment and other forms of sexual violence can take place anywhere, in both public and in private places, for example: the street, workplaces, public transportation, schools and universities, restaurants, malls, at home, in the company of others (family, relatives, and colleagues), online etc. Who? Harassers/perpetrators of sexual violence can be individuals or groups of men and/or women. The harasser can be a complete stranger or someone you know: an employer, employee, co-worker, customer, passerby, relative, family member, or a guest. The harassed can be individuals and groups of all kinds of women and/or men.Read More

Posted on 10 Feb 2020 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 11 Feb 2020

If an employer doesn't pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.Read More

Posted on 04 Jan 2020 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 11 Feb 2020

Employers persistently seek to implement varied measures in order to retain their talented manpower. These measures can be non-monetary benefits like appreciation certificate, change in title, etc. and monetary benefits like bonus, gift cards, raise in salary, etc. These benefits are aimed to let the employee know that their hard work is recognised and valued by the company. There have been many cases when the employer has later refused to pay the incentive of an employee after the set goals or targets are achieved. In a situation when the employer refuses to pay incentives, an employee can take the following measures. : Check the Employment Agreement Contact the HR Department Send a Legal Notice File a recovery suit in Labour Court Read More

Posted on 10 Feb 2020 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 12 Feb 2020

In a Supreme Court Judgement in March 2019, it was ruled by the apex court that teachers across the country are entitled to receive gratuity. The court said, “In the light of the amendment made in the definition of the word ‘employee’ by Parliament with retrospective effect from 03.04.1997, the benefit of the Payment of Gratuity Act was also extended to the teachers from 03.04.1997.”The judgement will have implications for all teachers who have retired since 1997. The act was amended in 2009 but it was put on effect retrospectively.Read More

Posted on 16 Jan 2020 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 15 Feb 2020

I hope firstly the complaint must have been filed before the POSH committee of your organisation and then the report of the inquiry has been sent to the department. So, if one inquiry is already done and you were not able to defend yourself then you need an advocate who is expert in POSH laws and regulation.Read More

Posted on 10 Feb 2020 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 31 Jan 2020

If you feel any kind of discrimination that you can call the Ministry of Labour's Contact Centre. You can file a complaint regarding the discrimination you are facing.Read More

Posted on 26 Jan 2020 | 1 Answer

Anmol Tiwary | Legistify

Anmol Tiwary
Answered on 04 Feb 2020

One of the main objectives of the establishment of the Tribunals under the Administrative Tribunal Act is to provide to the persons who are covered under Administrative Tribunals speedy recovery against their grievances. A Tribunal is not bound by the technical rules of the procedure or the rules of the Evidence as given under CrPc, 1908 and the Evidence Act of 1872 but is guided by the abstract principles of natural justice and subject to the provisions of the Act and the rules framed thereunder by the Central Government, The Tribunal can regulate its own procedure. In the case, R.S. Doon vs Central Administrative ... on 4 April 2001 of Punjab-Haryana High Court the Court stated that Section 24 of the Act which prescribes the conditions for making of interim orders reads as under:- "24. Conditions as to the making of interim orders. -Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceeds relating to, an application unless:- copies of such application and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made, and opportunity is given to such party to be heard in the matter. Provided that a Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant which cannot be adequately compensated in money but any such interim order snail, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order." Hence one can get an interim order from CAT if all the above-mentioned criteria are satisfied.Read More

Posted on 29 Jan 2020 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 04 Feb 2020

You can file a case with the internal committee and if you are not satisfied with their decision, then you can file the case further in the Labour Court.Read More

Posted on 29 Jan 2020 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 05 Feb 2020

Son/ daughter/ widow/ widower of the employees are eligible to be appointed on compassionate grounds in the circumstances in which such appointments are permissible. You cannot claim the job if it has been offered to your sister already.Read More

Posted on 29 Jan 2020 | 1 Answer