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"Termination without Notice Period - employee is working in a Probation period"
"It depends on a case-to-case basis and the appointment letter and other conditions of service. - S. K. Mittal Labor & Industrial Lawyer 9319956443" ... (more)
Thread Started From: India, Delhi user post at 11:24:36 AM, 11 Feb 2025"Staff Dismissal - Labour Office Notice - Can someone please guide what to do in this case?"
"Proceedings in the Labour Office are conciliation proceedings under the Industrial Disputes Act, 1947. If no settlement is arrived at between the employee and the employer, the conciliation officer submits its failure report to the state government, and the dispute is referred to a Labour Court. At thi" ... (more)
Thread Started From: India, Ahmedabad user post at 11:22:18 AM, 11 Feb 2025"FTC Agreement Draft - hiring for the first time an FTC employee on a retainer ship basis"
"The concept of "employee" and "retainer" in your query are contradictory. If the person to be engaged is an employee, then he cannot be a retainer. If the person is a retainer, then you should not call him/her an employee. Please be clear about this. For further consultation, you may contact at: Shobhi" ... (more)
Thread Started From: India, Mumbai user post at 12:17:44 PM, 01 Dec 2022"Employed 20 workmen in contractual basis and at a time working only seven person shift wise in our shop floor and total 18 present in a day"
"It is advisable to obtain insurance policy under the Employees' Compensation Act, 1923, for the maximum number of workers, i.e., 20. - S. K. Mittal 9319956443" ... (more)
Thread Started From: India, Pune user post at 11:45:57 AM, 02 Aug 2022"Whether a writ petition can be entertained - where the employee has been transferred to a different location?"
"No stay can be granted by the High Court against the transfer of an employee from one location to another. - S. K. Mittal Advocate 9319956443 skmittal.labourlaw@gmail.com" ... (more)
Thread Started From: India, New Delhi user post at 07:06:04 AM, 25 Jul 2022"Resignation through email - Will my mail resignation be acceptable or they may create an issue?"
"If the employer communicates with you on WhatsApp, the resignation can be sent on WhatsApp as well. It is now a valid channel for correspondence. - S.K. Mittal 9319956443" ... (more)
Thread Started From: India, Mumbai user post at 08:29:02 AM, 22 Jan 2022"Misconduct - Shall we go for punishment by dismissing him or Suspend him for 4 days?"
"The punishment should be decided in accordance with the standing orders applicable to your industry. - S.K. Mittal 9319956443" ... (more)
Thread Started From: India, Gurgaon user post at 08:27:21 AM, 22 Jan 2022"Employee Resigned and not served notice period - What legal action can we take and which court of law should we approach?"
"First, send him/her a legal notice. If there is no response to the legal notice, then a civil suit can be instituted against the employee. - S. K. Mittal 9319956443" ... (more)
Thread Started From: India, Noida user post at 08:25:39 AM, 22 Jan 2022"Gratuity - working Private concern last 12 years my last salary was 21000, and my gratuity amount 36744"
"You can send a legal notice and/or file a claim for gratuity before the Controlling Authority under the Payment of Gratuity Act 1972. Generally, the Deputy/Assistant Labour Commissioner is notified as the Controlling Authority. - S.K. Mittal 9319956443" ... (more)
Thread Started From: India, Patna user post at 08:24:23 AM, 22 Jan 2022"How liablity will be calculated if a firm fails to fulfill labour laws and employees working from last 22 years?"
"The provisions for coverage of the establishment under the Payment of Gratuity Act 1972, the Employees' Provident Fund and Miscellaneous Provisions Act 1952, and the Employees' State Insurance Act 1948 are different. Please let me know the number of employees in your establishment and the nature of th" ... (more)
Thread Started From: India, Pune user post at 08:23:09 AM, 22 Jan 2022"Circular format - not supposed to do any call recording without taking prior permission from the management"
"Have you any standing orders? What is the size of your establishment, i.e., the number of employees? What is the nature of the industry? - S K Mittal 9319956443" ... (more)
Thread Started From: India, Bengaluru user post at 08:20:54 AM, 22 Jan 2022"Gratuity eligibility - If a contract worker leaves one contractor and joins another contractor in the same work location?"
"U/s 3, the Payment of Gratuity Act 1972 applies to every factory and any shop or establishment where 10 persons are employed. employee as defined in section 2(e) means any person employed for wages, ., in any kind of work, .. in or in connection with the work of a factory, shop or other establishmen" ... (more)
Thread Started From: India, Gurgaon user post at 01:14:54 PM, 01 Jan 2022"Documents denied by employer and a possible lawsuit?"
"What was your job profile? S.K. Mittal 9319956443" ... (more)
Thread Started From: India, Kolkata user post at 12:14:24 PM, 19 Nov 2021"Whether Service Provider should take Factory License or not ?"
"Irrespective of the registration of that area by 'X' or 'Y' company, the workers engaged in that area would be deemed to be engaged in the "manufacturing process" and would be covered under the definition of "worker" under the Factories Act 1948, entitling them to all the benefits available for workers" ... (more)
Thread Started From: India, Mumbai user post at 11:15:50 AM, 16 Nov 2021"Termination of driver - driver is denied to accept this compensation and asking for retrenchment and gratuity"
"Whether you terminate, retrench him, transfer him, or enter into a settlement, the same should be done after proper consultation from a competent person. - S.K. Mittal 9319956443" ... (more)
Thread Started From: India, Raipur user post at 12:26:42 PM, 10 Nov 2021Showing Page 1 of 13 Pages...
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