Advocate KK Korla

Questions Answered by Advocate KK Korla

Q: Legal action against the employee for absconding from company

Hi There, I run a software company. One of my employee suddenly disappeared without giving any notice, left a very important project in between. He has signed a company agreement in which there was a clause that In case Employee, for any reason, leaves the services of the company without any notice then he shall forthwith pay 3 times of his salary. Please suggest how I can take legal action.?

Advocate KK Korla answered
It's good that you have entered into an agreement for a penalty clause. Please send him a legal notice, quoting the binding clause you mentioned. Legal action can also be taken for breach of contract.

Q: Remedy as pending salary dues & F&F not received from employer

Sir, This is regarding my pending salary . I have worked in aloft hotel, zirakpur,after resignation I served notice period as well.still I didnt receive my full and final. last 2 years several times contacted still they havent released the money. pls advise

Advocate KK Korla answered
Complaint can be filed in the Labour Court for recovery of dues from the employer. Such cases are normally decided within 6 months. The complaint should be filed without loss of time. Contact a good Lawyer who is expert in service matters / Labour Laws.

Q: Employer is not giving experience letter without the payout of 3 month

I served my company for 30 months. I was not well and asked them for some time to get well to resume office. Provided all medical documents. However they asked me to join or resign. SO i resign as I was physically unfit for the long sitting job. They released me immediately, without any intimation. I was ready to serve notice period also, once if I could have been well, I could served. But they ignored everything and released me, HR also told me that I have to pay nothing in this case. But when It came for experience letter my manager asked me to pay for 3 months Unserved notice period. What should I do now. How can i get experience letter as 32 months are almost 3 years, that means a lot. I got promotions, visa for US also during my tenure and I was full time billable resource. Please suggest.

Advocate KK Korla answered
Since they forced you to resign and the resignation was extracted under duress, legally speaking, they can't ask you for depositing the notice period dues. I will suggest you discuss with them to sort out the matter amicably and if that doesn't work, contact with relevant documents an experienced service matters lawyer to deal with them.

Q: Legal query regarding service matter

Sir I resigned from Nvs as a teacher in 2016 feb, and my resignation was accepted, because I got another job in new department, when Nvs give me noc he mentioned that you will not back in lien, but I wants my lien and join again my probation was cleared in Nvs . How I will get my privious job

Advocate KK Korla answered
Since you have resigned and the resignation has also been accepted, thus you have lost the lien on the job. But on studying your documents by an experienced lawyer on service matters, e.g., your appointment letter, confirmation letter, terms of resignation acceptance letter, he may guide you properly.

Q: Can I take up counselling along with my regular job ?

Am working as a HOD in one of the manufacturing company for 22 years , am passionate about mental health counseling and have completed my post graduate diploma in counseling from Annamalai university recently. I have an offer from the online counseling company to work with them as a flexible expert without any fixed salary and i will have to spend atleast 6 hours in week for counseling the clients online. I have also received a legal agreement from the counseling company for sign off and will have to upload my photograph on the website . Am not sure at this moment if although its not a source of earning for me but to fulfill my passion, how my current employer would react if my organisation gets to know about this engagaement other than regular job...kindly advise.

Advocate KK Korla answered
Depends on the terms and conditions of your employment (Appointment Letter). Some employers view the second employment as breach of contract. But if the terms of your employment allow taking up second job as counselor, then you can go ahead with your passion.