Advocate Malhararao

Questions Answered by Advocate Malhararao

Q: Is it legal to record company meetings

Can i record the conversations of my meetings ( Face 2 face meetings ) to analyse how did they go and what improvements need to be done me or my company , Is it allowed and legal to do without the consent of other people in the meeting ?

Advocate Malhararao answered
No. It is illegal. It is not allowed. You have to intimate about your recordings to the other side. If there is direction from the Main Employer of the Company to record the conversations, then, it is acceptable.

Q: HR not allowing me to buy notice period is that legal

Asper my contract it says" if you intend to leave the services of the company, you have to give 90 days prior in writing or Notice pay in lieu thereof and vice versa, which may be modified and the same will be notified" I have resigned from my current organisation and want to leave me asap, now HR says you will have to serve 90 days notice period. when i said i am ready to buy my notice period he says you cant do that.... is that legal ?? can't i buy my notice period.??

Advocate Malhararao answered
You have all the rights to buy notice period as it is accepted by your employer previously. You have to see the terms and conditions in your appointment order of your company whether to pay 90 days salary to the company. If so, pay and obtain receipt for the payment made by you from the Company in order to get relieved immediately. Otherwise, you have to work for 90 days.

Q: CHARGING OF EXORBITANT RATE OF INTEREST ACT ENACTED BY THE GOVT

M/S Rajesh Export U/S 177,415 &420. Under Income Tax & DRI Department Since the SSI I was running went under heavy loss I barrowed Rs 4000000 from RAJESH EXPORT LTD, through him and his associates by mortgaging my KSSIDC allotted industrial Shed in the year Novermber 2010. After that I have paid Rs 15.00 lakhs as interest, 40.00 lakhs even though I had no earnings. I sold all my just to pay when I realized my debts are increasing I decided to sell one part of the shed to clear my dues to Rajesh Export Ltd . When I went to their office to get statement of my dues to redeem my property I was given the statement which said that I had to do an RTGS transfer of money amounting to Rs 84.00 Lakhs. + 15. 00 Lakhs. As per the Notification No.CMW/04/CML/2003, dated 28-8-2003 of Karnataka Government, Now i want Justice .

Advocate Malhararao answered
Need to see the terms and conditions what you have agreed upon and kindly give the details of the debt amount you borrowed from the Vendor and what is the rate of interest need to be known primafacie you have grounds to comment of the hurdles. We need to see the agreements and other documents to give proper advise.

Q: Terminated from employment during notice period. What can I do ?

My employer fired me during my notice period which was actually an act of retaliation to my denial of their request to continue my employment with the company .They gave me a termination letter in which they wrote my poor performance as the main issue .

Advocate Malhararao answered
During the notice period, you cannot be terminated. If notice is given by you, you are entitled to take legal action against the company depending upon the terms and conditions in your appointment order.

Q: Cheating on my TDS deduction

Dear sir/madam I am suresh here and working as a free lancer for bank loans. I was giving my business to a DSA from 2014 November and use to collect the commissions(money) for my business. He was deducting TDS out of my payout. Last year when i checked my form 26s i got to know that, he has not credited single rupees against my deduction. After questioning him, he is coming for a settlement of 50% of my tax deduction. As i am not happy to accept the deal. Its been 8 months still he s dragging it. He is not ready to give me 100% nor crediting it against my pan no. He has cheated me for the year 2014-2015 and 2015-2016. Kindly give a better suggestion for the same. I am thinking of filing a complaint against him and his company.

Advocate Malhararao answered
The employer who was making payment to you was deducting TDS out of your payout . Once it is declared as TDS deduction and it is not remitted to the Government, it is cognizable offence. Please complain to the concerned Authority and take suitable action.