Advocate Nagarajan D

Questions Answered by Advocate Nagarajan D

Q: What to do employer forces to stay late and work extra

I head one of the Departments in an Organization with more that 750 employees. My Boss doesn't meet me or my colleagues during office hours and instead he meets at after 7 pm and says after 7 only he can focus properly. He is asking us to work even at 9:00 pm ( finish and go). We have no pending things but he brings new things at 7 pm. Our office timings are from 8 am to 5 pm. Are Heads eligible for over time? What can be done in this situation? No other Department faces this. Appreciate your kind answer.

Advocate Nagarajan D answered
Dear Sir,It can be done in this situation : You can come late on next day morning for hours which you have worked late evening.As a department head you can discuss your issue with your boss when you are getting good time him.

Q: What to do my contract got canceled because permanent staff arrived

I got a temporary appoint order for 85 Days to work in city branch x111,chennai from 31-05-1984 upto 23-08-1984,but my misfortune,since permanent staff arrived,my contact was closed on 13-08-1984. Please confirm am eligible.

Advocate Nagarajan D answered
Please elaborate your statement and also state your employment conditions related to termination in your appointment letter.share details of your contract closure letter which is given by the concerned authority.

Q: How to get my certificate back from the company

I am working in it company in Chennai, I signed a bond with them for 2 years and I give my original certificates to them, They give me a training for 15 days (not offer food, room, salary or transportation) after that they place me as a trainee for 1 year but I worked there for 25 days or less, I want to resign my job for personal reason and also I want to do higher studies but they not give my Certificates and asking ₹50,000 for breaking bond, my salary is ₹12,000 and I even didn't receive my salary because the first month not finished if they want to take my salary as training cost there is no problem but I can't give ₹50,000 that very big amount for me please kindly help me by telling a way to get my certificates back.

Advocate Nagarajan D answered
Hi,Please go to the Labour department at DMS Complex Tenampet, Chennai, Give your statement as a Compliant to the Asst. labour Commissioner of your Circle (make inquiry who is at your circle ), He will do favor to get all your original Certificate as well salary dues from your employer..

Q: Salary be paid when employee terminated for unauthorized absence

Is it important to pay salary when an employee abscond or terminated from a private limited company for unauthorized absenteeism with 2 verbal warnings & misconduct in performance discussion

Advocate Nagarajan D answered
Answer : No need to pay If absconded and without handing over any documents to employer, which is handed over to him/her.If terminated by employer for misconduct of absenteeism then employer has to pay without holding salary for the same in full and final settlement to him/her.

Q: What to do if i want to reduce my notice period in my company

I am working in an MNC and I have submitted by resignation on 7th May. My notice period is 2 months but i have requested for short notice of 1 month and i am ready to pay my notice period. I am relocating to my home town for a handling a legal case. Your position with the Company calls for mandatory compliance with the Notice Period, unless relaxed by the Company in writing. Your termination of employment without compliance with the Notice Period shall be treated as a material breach of your employment contract and the Company shall be entitled to insist on your mandatory performance of the Notice Period and /or claim damages equivalent to two month's salary, which the Company has the right to deduct from the final payments due to you from the Company. The term “salary” for the above purposes is Basic Salary and 50% FBP only. The Company reserves the right not to require you to attend work or carry out your employment duties for all or part of the Notice Period (co policy-offer letter

Advocate Nagarajan D answered
Question : As per the appointment letter, Employment separation terms is two month But, You want to leave with one month you are ready to pay for the same.Answer : Yes, It is Possible as per the appointment letter if it is mentioned that "Payment in lieu" by both side. can leave the company with paying one month basic salary. Send or re-submit your resignation letter mentioning your terms of appointment with the organisation. Also you are ready for the payment in lieu of one month salary.