Advocate Priyanka Prasad

Questions Answered by Advocate Priyanka Prasad

Q: My notice period is 2M but my current employer asking me to work 3M

I got a good opportunity, So I have resigned on 24th October 2021. As per my appointment letter my notice period is 2 months only. I have to be relieve on 24 December 2021. But my HR and managers asking me to work three months. It means till January-2022 and HR is telling me that my replacement candidate is going to join in january-2022 only, forcing me to work one more month extra after my notice period.Please suggest me, how to come out from my current organization as I committed relieving date 24th December 2021.

Advocate Priyanka Prasad answered
Please go in terms of of your appointment letter. You are not obliged to work beyond your notice period. As long as you do not agree to stay for another month out of your own volition, your employer cannot force you to stay. If you are willing to stay for another month upon the request of your current employer, beyond your notice period, ask your employer to pay you the difference of amount that you are receiving in your new role above your current salary. This is subject to if your new employer agrees to extend your joining date.

Q: Regarding road to access to my land

My mother owns a land which is located at a distance of 100 meters from the main road. In between my land and road a neighbor's land is there. There is no direct approach road to reach my land, I have to walk only through neighbours land. He permit to use his land for walk only but not ready to give it in written. I requested him for road and against that i am ready to transfer equal land from my area but he is not agree. I requested to pay for the cost of land required for road at market rate but he is not ready. Please guide me how I can get right approach road to myland

Advocate Priyanka Prasad answered
Under the easments act, 1882, you have a right of way thither over your neighbour’s land for the beneficial enjoyment of your house, unless that is the only way and there is no other way.It doesn’t have to be in written. You have an easement right and he is obligated to provide you the way. If he obstructs you in any way, you can approch the court.In case you go on and buy that land, your such easement rights will extinguish and you will become the owner of the land

Q: Original marks card retained and not returning back

I have joined a medical college recently, they asked me to submit original marks card or else they will hold my salary. I submitted. After a day i decided to not continue my career with the institute. Only 5 days i worked there. I sent mail of non acceptance of appointment. Also requested to send my marks card back to my postal address. Now they are forcing me to come there in person and collect the document. I am worried they may harm me. Cant i request to send the documents through post? . ( They are saying if sent through post the document may lost). Please let me know how to get my documents without going there in person.

Advocate Priyanka Prasad answered
If you don’t want to collect your documents in person, you can ask them to send your marks card through registered postal service and to send you a receipt and tracking id. Registered postal services are reliable and used by government agencies and you can track your documents. If you are threatened of any bodily harm or injury by any person of the institution, you can also file a police complaint in your local police station in that regards.

Q: SL & CL leaves Applicable Rules & Laws in Karnataka state

Resected Sir(s),Myself Arjun, working as a HR & Admin in reputed Organization, I just wanted to know that is there any particulates Rules or any Law applicable in Karnataka State or Central Rules for SL & CL (Sick leaves and Casual leaves) which force to provide it to employees mandatory. if is there means i request your good self to explain it in simple way and please inform me how much of minimum leaves we should provide to employees respectively.

Advocate Priyanka Prasad answered
If you are an organisation registered under Karnataka Shops & Commercial Establishment Act, 1961 you are mandated to provide your employees 1 day per 20 days as earned leave and a maximum of 12 days as sick leave in an annual year.- In simple terms if an employee works for 360 days in a year he is entitled to 18 earned leaves and a maximum of 12 sick leaves. Earned leaves of up to 30 days can be carried forward to a max for 45 days and an employee is entitled to encash such leaves, if unavailed.

Q: Regarding poor quality building construction

Hello, we have recently given a contract for our house construction to a private contractor, we are now not satisfied with his work. He is doing a faulty construction, there is a gap between the column and roof inside the building in almost all the columns. When we complained he was like no big deal we can fill concrete n it will be good. But when I consulted a civil engineer he said it was a faulty construction and the building can bend if we construct something above this roof, what should we do now? Is there anyway that we can get justice? Please help

Advocate Priyanka Prasad answered
Hello,try to come to a mutual agreement on industry standards of construction to rectify the defect on the faulty construction. If the contractor is still adamant and fails to rectify the defect as per your mutual agreement, you can terminate the contract subject to termination clause written in your contract.If you have a written agreement, Kindly share such I would be able to advise you better