Advocate Prakhar Deep

Questions Answered by Advocate Prakhar Deep (25+ answers)

Q: Legal action against single man having affair with married woman

What's the punishment, under the Indian law, for an unmarried Government employee male having an illegal affair with a married woman? is it illegal to have affair with married woman ?

Advocate Prakhar Deep answered
Adultry if committed by a man is a crime under the Indian Penal Code. FIR can be registered. However, woman filing complaint cannot said to have abated it.For adultry there is 5 Years of punishment and ground for divorce

Q: What to do if company is not accepting resignation in india

My name is [Name], and I was working with a Pvt. Ltd. company for 1.7 years. As per my appointment letter, I was supposed to be confirmed after 6 months, but the company did not confirm my employment even after 1.5 years. They also did not give me any salary hike during this time.

I tried to resign twice, but each time my resignation was not accepted by the employer. They forced me to stay in the organization. Finally, after 1.7 years, I resigned again, but the company is not accepting my resignation and has not provided me with a relieving letter or experience certificate.

Additionally, the company has not paid me my pending salary for 37 days. I want to know: can I file a police complaint or legal case to recover my salary?

In the appointment letter, there is a clause saying that I must work for 2 years, or else pay one month’s gross salary. However, this condition is only mentioned in the appointment letter — I have not signed any bond or agreement on stamp paper. Kindly advise whether I can take legal action against the company, especially since:

• My resignation is not accepted by the employer
• I haven't received my pending salary
• I have not received relieving documents
• I was not confirmed even after 1.5 years
• I haven’t signed any legal bond

Advocate Prakhar Deep answered
A company must accept your resignation and cannot force you to sign a non-compete clause. Here's the law:

1. Non-compete clauses are illegal in India under Section 27 of the Indian Contract Act, 1982. These clauses cannot be enforced, so you don’t have to worry.
2. The company must accept your resignation.
3. They cannot refuse to provide your relieving or experience letter under any circumstances.

1. Send your resignation letter by speed post and also send a scanned copy via email. Make sure to mention the tracking number to prove you've fulfilled your duty.
2. In your resignation letter, request the relieving letter by a specific date (e.g., XX date).
3. Keep all copies of your employment agreement and any internal exit policies for future reference.

Q: Resignation issue and notice period buyout laws in india

Hi, I am working in a company located in Gurugram, Haryana for more than 2 years, but due to some personal reasons i have put resign in my organisation last week for which my notice period is of 3 months, i am unable to serve those 3 months complete. I want to buy out notice period, ready to compensate my company for that. And as per my information, our company does have buyout option (its written in my contract that notice period can be waived off, there is an space for notice period buyout difference in my intranet and especialy my former co-workers have avail this buyout service. But my management is not supporting me on decison as of now. Kindly advise me on this.

Advocate Prakhar Deep answered
Hi,First of all you are only bound by the terms of the contract issued to you. If a provision is written in your contract than it will be applicable. If there is an amendment in the company policies then it must be communicated to you and your contract must be amended. That has not happened it seems. Coming to your resignation and notice period. Unless you are going to a competitive company, your company may not have any issue with and will not take any harsh action. As per the law you can terminate the contract at any time and need not even serve any notice period. If clause says so they can recover any loss in full and final. Don't pay anything on your own. Since your resignation is because of personal reasons, they have to relieve you. Just mention your last working day in the letter. If they don't accept it then send it by speed post. They are bound to accept it. Make sure you return all company data like laptop, if card as it may become the issue. Don't worry, companies do scare but can't do anything under the law!For any further help get in touch

Q: What to do my employment got terminated when i was on leave

sir company break employment agreement while i was on medical leave because of night shift jobs continuosly for 1.5 years then they were saying provide internal job posting but because of health reason i took leave i disscuss with them took a leave of one month but another month leave extra leave but send message by phone to senior to come office but without informing me they did not send any email.not any call not any threat warning.just took decision and terminate me on the basis of one month extra leave i am not aware of it and usually went to office as said by message then they said you are terminated no give me any paper and send me bond of 1.5 lac penalty please sir what can i do now its injustice happen to me............ they did not listen to me as per natural justice and HR is change new hr is not listing to me ..............they defame me as absconder fear of might be blacklist in nasscom i have all medical certificate of govt and private hospitals

Advocate Prakhar Deep answered
Please send a legal notice for unlawful termination.If you are an employee on roll, then you cannot be terminated if you have taken leave. Many companies have summary termination for absence, (See ur company internal rules)But if you have taken the leave and informed the company then no action can be taken Let me know if you need help with the legal notice. Prakhar

Q: How to get full and final payment from employer immediatly

Actually my employer has verbally terminated me from the job and they promised to clear my salary when everyone salary be cleared but when i reached office for full n final they have handed over me the post dated cheque that is after 50 days. And when i object they have cancelled the cheque. So now how i can get my salary on immediate basis?

Advocate Prakhar Deep answered
Send them a legal notice for unlawful termination. If you are employee on roll, then you cannot be terminated without any reason. You must send them email and then a legal notice demanding salary and future salary of one month.Let me know if you need help with that