Advocate Nachiketh Konapur

Questions Answered by Advocate Nachiketh Konapur

Q: Mentally Harassed by my manager and lead

I am software engineer. I filed a complaint against my lead and Manager because of them i lost my peace of mind(having lack of sleep, mental stress, back pain etc.) because of that i am away from my work almost 4 months that is till date. I filed a case against them in my company with proofs but company has rejected by saying "The panel has reported that allegation made by you is unjustified and hence we are dismissing your complaint."I have shared all the proofs against them to HR's but they don't want to take any action against my manager. Company is forcing me to back to work in the same team where i was harassed.Please suggest me what to do next. I am ready to take legal action against them.

Advocate Nachiketh Konapur answered
I will be writing my reply only on the question you have asked as you have not specified what was the stress etc. caused due to your lead and manager. The second thing being that it isn't surprising that executives are saved by these panels. You don't have to work in the same team if they force you to. You can go the Legal route. Before you go the legal route, you can put in a word in the company that, I cannot work with the same team, after that you can take legal action, if you want to.

Q: Indian IT Organization not paying salary to its contractor at Onsite

I work as IT consultant in Vietnam for a large Indian IT MNC through subscontract vendor. That vendor is from Singapore and has an entity at Vietnam. For some unknown reason Indian IT MNC Finance Team has stopped payment to the Vendor. And Vendor also has denied to clear my payment saying it can't pay unless IT Company pays him. vendor also claims, it didn't get any payment from that IT Company so far and paid me everything from his pocket. I work directly with IT that Company and it's employees in Vietnam and I also have Contract Employee ID. That vendor looks after only my payroll. In such scenario can I take legal action from India? even though I was working in Vietnam. Whom should I take action against? At present I'm in Vietnam and planning to come back to India.

Advocate Nachiketh Konapur answered
India has very strong and strict labour laws in place. Hence, in the first place you can take legal action against the IT MNC from India itself, seeking relief. In the second place, you can also include the subcontract vendor in the action if you want to, from Vietnam or from Singapore where vendor is basically placed. As asked, you always have the option of taking legal action from India on either of the entities.

Q: Fraud by Co-Director of Pvt Ltd Company

Hello Everyone, I have a query regards to a Pvt Ltd firm where I am a director & my partner who is managing director. The managing director issued a cheque to someone for his personal requirements without my knowledge and realized that it got bounced. I am insisting on finding an alternative director as I do not want to be in it as he is used to do things that are against law. Cheque was only as example.I being a director as well, I do not want to be held liable in any of the legal consequences that company may face, considering the fact that he might even issue a 5lakh cheque to someone someday without my knowledge. How do I protect myself here ? I do not want to be held liable for the illegal activities done by the managing director. Look forward to your kind suggestions. Thanks

Advocate Nachiketh Konapur answered
A company is separate from it's director and employees. It is something like a separate person. However, according to the facts given by you, your partner can be directly held liable for illegal activities he has done. You would not be held responsible for the acts. However, even after having known the acts, you have have let it continue, you might be held liable to a certain level. So, it is better to go for legal action against the person, if you want the company's money back.

Q: Requirement to register e pharmacy.

I have set up offline medical store. I am the only owner to it. I want to expand my business and make it online also. For making online, one more partner have joined. How do i register my e pharmacy business? And how about GST?

Advocate Nachiketh Konapur answered
There is not much compliance to go through. The directors need to have DIN (Directors Identification Number) PAN Number and submit some forms under companies act,2013. Forms 1, 18 and 32. Submit an application to Registrar of Companies, to register the company. Submit an application for VAT and PF and ESI for employees. A law firm can do this for you. As for GST, you need to apply for GST Identification Number and that will be enough.

Q: Employment Bond and Certificate Issues

My employer has confiscated my original document as security. Is that legal? I had taken an informed one month leave of absence. But now they claim I have absconded and are forcing me to leave and buy the noticeperiod or pay the bond. I am not willing to do neither. I told them Im willing to serve the notice period which they did not agree to. I asked for a copy of my employment agreement which they did not give at time of joining and now there's no response from their side. What do I do?

Advocate Nachiketh Konapur answered
Confiscation of Original Documents is not legal, until those documents are given by you willingly. And, when asked for has to give it back. If you have informed your employer of the leave and you have some evidence regarding the same then they cannot confiscate. Also, they cannot claim that you have been absconding if you provide the evidence that, you have informed them of leave. Also, they cannot force you to go through notice period or pay either. You keep your documents and evidence ready, so that your employer cannot make you liable for anything.