Advocate Hitesh D Katharotiya

Questions Answered by Advocate Hitesh D Katharotiya (50+ answers)

Q: Can contract employee become permanent in govt sector ?

can contract employee become permanent employee after serving 10 years as a contractual employee in govt department of Gujarat ?

Advocate Hitesh D Katharotiya answered
Yes. The work done by contractors employee is the Permenant work and the contract is not permissible for perennial work under the contract regulation and abolition act so that you may raise the industrial disputes before labour commissioner and become the Permenant. You may also challenge the contract is sham and bogus and paper arrangement so abolish it

Q: What if i don't serve notice period

Sir, I have officially resigned from the company, my resignation wasnt accepted properly and denoting the respond from my employer that in duration of my notice period I cannot take leaves, thats it, nothing much is mentioned. My employer's notice period is 1 month, I have resigned on 9th March and served till 19th March and joined other organisation due to immediate joining. I did not informed the earlier employer regarding my current company. Earlier employer sent the mail afterwards regarding sending me legal notice and informing me regarding legal action. They are asking me the whole month's pay as mentioned in the appointment letter. what happens if you don't serve notice period ? What I should do?

Advocate Hitesh D Katharotiya answered
Whether your resignation was accepted or not is not clear from your message. If the resignation was accepted, then it is not necessary to fulfill the notice period condition. However, if you are a permanent employee of the organization and the notice period condition is mentioned in your appointment letter, you may be liable to pay one month's salary. Otherwise, your responsibility to serve the notice period or pay in lieu may be null.

Q: Asked for leave or resign and no full and final done what to do now

My company has asked me to go for leave till further information Or resign . As per my appointment letter 3 months salary to be paid by either side . My handover process is also done in October month .I received my no dues certicate and also a mail about the amount of FFS to be received . After that 10 days passed but no body is responding properly . What shall i do now ? Kindly guide me please.

Advocate Hitesh D Katharotiya answered
Write a latter to the management to pay the amount of full and final settlement within a period of fifteen days otherwise cancell the resignation then after not receive the amount then cancell the resignation and join the duty and simultaneously file a complaint before the labour commissioner for payment of FFS amount

Q: Company not giving salary before serving the notice period

Hi I am working in IT industry and I singed 3 year bond. But due to not getting growth and best opportunity found. I resigned on 1-10-2018. And Company tell me to serve 2 month notice period. I am ready to serve but problem is company hold half salary of last month which is 1-09-2018 to 31-10-2018. they give me half salary and ask to serve two month notice period with half salary. After Completing 2 month notice period, they give me entire salary including last month salary. So I have to attend half salary of 3 month even if served two month notice period. Salary date is 7-10-2018. So please guide me what to do.

Advocate Hitesh D Katharotiya answered
You have to give the intimation latter regarding release the rest of salary to the management. Then after the salary not release then file a complaint before the regional labour commissioner for non payment of salary. The management has not right to withhold the salary even if the person has resigned

Q: How to claim gratuity employer denying to pay

I had served for 4 years 11 months and 22 days for company after that I have resigned form that and that time I was not aware from Gratuity payment but after 1 and half year one of colleague received gratuity from same company from which I had resigned, so I have applied for gratuity but employer rejected my application and told me that the 5 year is not completed. But according to P.G act 1972 section 2(A) my services is consider as 5 year of continues services, Please help what should I do next?

Advocate Hitesh D Katharotiya answered
You are eligible for the payment of gratuity amount because you have complicated four years full and 11 months and 22 days and judgement of supreme court on American Express is applicable to your circumstances and count the Saturday and Sunday and public holidays for count of service