Advocate Priyanka Yadav

Questions Answered by Advocate Priyanka Yadav (25+ answers)

Q: Clarification regarding Retrenchment Compensation

My company is small startup with employees count as total 10 in India and it is subsidiary of US company. Last month I (Position - Testing Lead ) got laid off giving one month notice (as mentioned in my offer letter )providing the reason of restructuring. As part of FnF , only last month salary was paid , no other compensation was added. As per indian labour laws I believe I am entitled to retrenchment compensation along with new 'Workers Re Skilling Fund' pay based on my tenure. Please confirm.

Advocate Priyanka Yadav answered
Retrenchment Compensation: Under Section 25F of the Industrial Disputes Act, retrenchment compensation is generally payable only to a “workman” who has completed at least one year of continuous service. The compensation is usually 15 days’ average pay for every completed year of service (or part thereof exceeding 6 months), along with Notice pay, if proper notice is not served.

Q: False pretext of marriage then developing sexual relationship

I was in a relationship with my colleague and decided to get married . He promised he will talk to his parents and assured me that he will get married to me . After that we got physically involved . Now he says he can’t marry me because his parents are opposing this because of caste issue. His family also abused me and spoke ill. What can i do. He’s not ready for a court marriage too now

Advocate Priyanka Yadav answered
Under the Bharatiya Nyaya Sanhita, 2023, sexual relations obtained by deceiving a woman with a false promise of marriage can amount to rape if the promise was dishonest from the very beginning. You can consult a lawyer and take steps accordingly.

Q: Terminated my wife since I have joined a competitor company.

My wife and I was working in sales department. She was under me and working as Manager while I was working as a senior sales manager. I left the organisation 2 months back and joined a company and launched exactly the same product as of Internshala. They got to know this, in aggression they have fired my wife 3 days back. They took a meeting and verbally told her for termination and made her sign FnF and No dues form. I have the recording of the meeting saying it is because of me.

Advocate Priyanka Yadav answered
An employer cannot terminate an employee for the alleged acts of her spouse, unless there is a proven contractual breach or misconduct attributable to the employee herself. Terminating her services merely because you joined or started a competing business amounts to victimisation and colourable exercise of power, which is impermissible in law.Further, verbal termination without a written order, charge-sheet, domestic enquiry, or compliance with notice requirements is illegal. Even a managerial employee cannot be removed punitively without following principles of natural justice. Forcing her to sign Full & Final settlement and No Dues forms under coercion further weakens the employer’s case, as such documents can be challenged if obtained under pressure. The recording where the management admits termination is “because of you” is strong evidence of retaliatory dismissal. If your wife does not have a non-compete or conflict clause linking her employment to your actions, the termination cannot be justified.She may challenge the termination before the Labour Authority or appropriate court, seek declaration of illegal termination, reinstatement or compensation, and damages for wrongful termination. Immediate legal notice is also advisable to formally dispute the termination and coerced F&F settlement.Adv Priyanka Yadav

Q: Regarding Full and Final Disputes.

I am working in Genpact gurgaon as a Management Trainee but was doing the operations work on the floor and on 31st December 2025 my bench period that is redeployment phase is going to be end. So I will be expelled by the organisation as a result. So in that case would I be eligible for below entitlements as per the new labour laws of govt of India.1. Salary of 1 month more.2. Leave encashments.3. Complete annual bonus.4. Retrenchment pay.5. Gratuity also as I worked more than a year.

Advocate Priyanka Yadav answered
If your appointment letter provides for one month’s notice or salary in lieu thereof, the employer is bound to comply. You are legally entitled to encashment of earned/privilege leave accrued but not availed, irrespective of the reason for separation, as per company policy. Retrenchment pay under the Industrial Disputes Act is payable only if you qualify as a “workman” and the separation amounts to retrenchment

Q: Refund from Tour Holiday Package

I have purchased a holiday package from the Tour and Travel company that promised 70-day stays in 4/5 star properties in the next 10 years. However, after purchasing their membership, the services have been poor, with substandard hotels and outright denial of promised facilities. Now, I seek cancellation of my membership and a full refund, but they are denying it by claiming that they are providing hotels as promised. What should be my next step in this process if I have to take it legally?

Advocate Priyanka Yadav answered
Your first step should be to issue a detailed legal notice to the company demanding cancellation of the membership and a full refund, specifically pointing out the discrepancies between the promises made at the time of sale and the services actually provided. Attach copies of brochures, emails, booking confirmations, photographs of substandard hotels, and any written complaints already raised with the company.If the company fails to resolve the issue within the stipulated period, you may file a consumer complaint before the appropriate Consumer Disputes Redressal Commission (District, State, or National depending on the value of the claim). In the complaint, you may seek refund of the entire membership amount, compensation for mental harassment, and litigation costs.