Advocate Pulkit Prakash

Questions Answered by Advocate Pulkit Prakash (400+ answers)

Q: Can companies ask for original documents ?

My employer implementing a rule on me to submit original educational documents (10th & degree) in the company just because employees leaving the organisation without giving notice period. So what should do???? Is it legal to submit the documents in the company ,please give me a feedback in term of labor law. what is the supreme court order to keep original certificate of employee ?

Advocate Pulkit Prakash answered
No company can withhold the original documents of their employee. At the max what they can do is they can keep a photo copy of those certificates with themselves and may ask the concern to get it attested or notarized for their record. It is only the university which has the rights to keep the original previous documents that too till only then when you are studying there.

Q: What to do if my manager is torturing me at work place?

I am working in a well-known MNC at a client site in Gurgaon. Since my first day, my supervisor has behaved badly towards me. Initially, I thought things would improve over time, but his behavior has only worsened. He daily torments and threatens to expel me from the project. This constant rude behavior has severely affected my confidence. Moreover, he has started scrutinizing my work and forwarding emails to my managers, attempting to defame me in front of them. I am completely fed up with his behavior. Even my colleagues have noticed his excessively rude behavior towards me.

Advocate Pulkit Prakash answered
You should call up for the fornal meeting which will consist of you, your managers, the accused and the higher authorities to discuss this matter in detail to come upto a conclusion. If that do not seems to be the work culture of your organization then you should straight away write a complaint letter to your managers stating your plight and after waiting for a fortnight (if they do not do anything on your complaint) you should send a legal notice to the accused for mental harassment and torture and defamation. If they try to oust you from the job then you should further bring up a case based on the notice and a case against illegal removal from the job seeking heavy compensation in against the same.

Q: Maternity leave during probation period

Hi I have joined a new organisation 3 days back and suddenly I found that I m pregnant can company fire me I have 6 months probation period. can we take maternity leave during probation period ? please advise.

Advocate Pulkit Prakash answered
Please take note -01. Being pregnant is not a crime rather attaining motherhood is the basic right of every female in this world. No female can be deprived of the same.02. Since being pregnant is not a crime so in no possibility your company can ask you to leave their organization unless -(a) there was a clause in your employment agreement that you will not get married for a particular period from the date of joining the organization or you will not get yourself pregnant for a particular period of time from the date of your joining.03. To have these sort of clauses the company has to have a reason based on which they can justify their stand else these clause are void. 04. Besides the above, since you are pregnant you are entitled to. Maternity Leave in coming time period of your future pregnancy days.05. At max what may happen is they may extend your probation period for such time in which you will be given maternity leave.

Q: Looking to draft a Contract for a Vendor

Hi,We run a company called Borderline Studio. We design our own furniture, carpets and table top objects. We want to draft a contract to have with our vendors who product the objects. This would relate to manufacturers, preventing them from using our designs to sell directly to other buyers or customers. It would also ensure terms are adhered to such as - mutually agreed delivery time; certain quality level below which the vendor would take the piece back or repair it within a stipulated time, etc. Please provide best rare for this service.Thanks

Advocate Pulkit Prakash answered
Dear Concern,Please take note -01. You need to sign one contract with the one who is manufacturing your furniture, carpets and table top objects as per your order which will put an embargo upon them from selling the designs and similarly designed based products to other party. This contract will further specify the terms and conditions of manufacturing the product including quality standard, consideration, timely delivery etc. 02. You need to sign another contract with the vendors which will restrict them to act as an authorized agent for some other company dealing in the same business. It is called distribution agreement.03. It is the distributors which ultimately sell it to the retailers from where a customer buy a product. The only way to get the distributor out of scene is to -(a) establish an online portal from where all your customer can buy your product as well as local showrooms in all possible locations. Otherwise you will be restricting your scope of business expansion.An ideal guy shall be asking you around ₹ 7500 to ₹10,000 per drafting of these contracts.Besides this, it is also suggested that you should get your designs protected under Design Act so that in case someone still copies your product then you may sue him for the same. Copying of designs are IPR infringement provided you have protected under relevant IPR laws.

Q: Work from Home

i entered into an agreement with Mentor Solutions, it's a work from home based Company. its basically a form filling job. the first 2 days were OK while working. but from 3rd day being weekly offs and holiday, it is showing continuous server problem and they were not saving while we are submitting them. we called their helpline who were not picking up the phone and the lady who talked to us made her phone switched off. now their advocate is threatening us to pay Rs. 50000/- otherwise you will be jailed. please help and advise us. please

Advocate Pulkit Prakash answered
Please take note -01. Take note of all the events and date which is relevant to your case and make a short note of the same,02. Gather all such documents which proves that you were allotted such assignment and terms and conditions of such allocation of job,03. Approach an advocate and explain him your case with the help of your notes and documents,04. Ask him to prepare a legal notice in against the same and serve that notice to the concern organization,05. If they refuse to mend their ways drag them before the court,06. Meanwhile start recording all such phone calls which will be receiving from their end so that you can present it before the court.