Advocate Aparna Nair

Questions Answered by Advocate Aparna Nair

Q: What is the remedy available against harassment in office?

I am being constantly harassed at my workplace. If want to capture misdeeds on camera they threaten not to expose. Threat is verbal or otherwise through work allotted to me with certain pattern. Legal advise required.

Advocate Aparna Nair answered
If you are getting harassed, please contact your HR immediately. Please give a written complaint. In case the complaint is sexual in nature, complain to your Internal Committee set up as per the Sexual Harassment policy.

Q: Legal action against termination from job with forgery allegations

I work in e commerce company and I bought 2 products (watch and a washing machine)from same company and I received wrong watch and damaged washing machine , when I informed the company to take the product back and refund my amount, the manager fired me from job stating I did forgery by changing the watch from my side and he did not pay the salary to me.now he is threatening me over call to pay for those products via cheque else he will lodge an FIR on me for forgery. What should I do

Advocate Aparna Nair answered
It would be advisable to send the company legal notice stating all the facts in hand. For this you will need to provide your employment agreement. Also will need the exact dates and chain of events, including order details of the watch and machine. Did you complain about this online or directly to the manager?

Q: Can majority stake holder[51%] dilute share of [49%] without consent

Can majority stake holder[51%] dilute my share [49%] without my consent? … can i say that "value the company correctly or shutshop as i dont agree to raising money at unfair dilution" The agreement does not mention anything about such a scenario

Advocate Aparna Nair answered
Have you also gone through the articles of the Company? It will be important to see how the articles have dealt with the same. Usually Companies need to offer its securities to its existing equity shareholders in the proportion of their shareholding in the company. It is required that the companies issuing further shares send notice along with offer letter to its equity shareholders.

Q: Salary dues as couldn't join back after maternity due to relocation

I work for a Pvt global company, i availed my maternity leaves but had to relocate to another metro in India. I requested the company to allow me remote work but they denied and asked for my resignation. I gave them my resignation and the HR sent me my relieving letter on the same date of my resignation. I have 20 paid leaves remaining but the HR told me since I did not serve my 1 month notice period not get any money in f&f. My question is can they do so because they never asked me to serve notice, also I have the relieving letter from the company of the same date as my resignation?

Advocate Aparna Nair answered
You will need to go through your offer letter for the same. Usually offer letters mention that either the employee shall serve the notice or make payment in lieu of the notice period. In your case since you had already moved cities a challenge did arise. You can still inform the HR that you were willing to serve the notice and hence the amount should not have been deducted.

Q: Employee unable to pay car lease as premature termination

I had taken a 3 year car lease on behalf of my companys name from ALD car leasing company who has ties with my company. I get tax benefits from car lease (irrelevant to my question). After 1 n half year of car lease during, i got Laid off with severance package because of automation & am serving 3 month notice period till Feb 16 2018. I havent been able to secure another job & the current IT market is not in my favour. I do not intend to work in IT anymore as im looking to establish myself in business. In order to terminate the car lease, i have to pay the remaining installments in bulk to car lease & surrender the car. i cannot afford to pay in bulk & hence need 1 years time to arrange for the money. Is there a work around this predicament wherein i can ?

Advocate Aparna Nair answered
Legally you may not have a recourse in the given circumstances. However it would be good to have a word with the car dealer and the company. Requesting them for a monthly payment may help. Car dealer may agree on payment on an EMI basis. Wish you all the best.