Advocate Shivee Pandey

Questions Answered by Advocate Shivee Pandey

Q: Can an employee charged with sec 498 work in a private company

Under which section an employee charged with 354/406/498/323/509 IPC FIR can't work in a private company?

Advocate Shivee Pandey answered
Hi,All employers, whether belonging to the public sector or the private, perform background checks to verify the antecedents of their applicants.The effect of a criminal case on employment varies according to the kind of offence and job. Most employers have their own policies regarding employment of people with criminal records. However, jobs of a sensitive nature may refuse employment to a person convicted of an offence of moral turpitude.Feel free to consult me for any clarification or advice.

Q: Salary Deducted in the name of retention bonus

Hi I have a concern I had been working for a corporate company and they used to deduct 4100 from my salary which was a part of my CTC in the name of retention bonus. Is that a law in India. As I had worked and it was told to me after 3 years you will get it back but this company had asked me to leave with no notice. Please suggest.

Advocate Shivee Pandey answered
Hi,Your query do not discloses important details and informations such as year/date of joining, date of termination, was there any instance of misconduct. Was there any termination letter given to you? If not were you forced to give resignation letter before leaving? Please provide the full information only then proper opinion can be rendered. Feel free to consult me.

Q: Company not paying salary of a month for not serving notice period

I was working for a company. I joined this company in 21st of may 2018. And resigned from this company after giving my resign letter to HR. But didn't complete my Notice period which was 7 days due to some reasons. And company doesn't paid my salary after one month to me. Am I eligible to get my salary by giving a legal notice to them. Because HR denied to pay salary. My CTC was 15000 and in hand salary paid by cheque was 11500/-

Advocate Shivee Pandey answered
Hi,in light of the above fact, i would only be able to render my opinion after going through your employment contract. Send me the same. Were you on probation period at the time of resigning?Feel free to consult me .

Q: How to apply Labour court for agents against Pvt Security company

Sir , mujhe Labour court me Pvt. Security company ke khilaf complaints karna chahta hu kyo ki us ne hame Abhi mere salary ka pura paisa nahi de Raha hai. Main iske liye kaise kya Karu kuch samajh me nahi aaya Raha hai. So please help me

Advocate Shivee Pandey answered
Hi,Aap employer ki complaint labour office ya labour court dono jagah kar sakte hain . Labour court me approach karne k lie aapko lawyer ki zarrorat padegi. I would suggest ki aap humse consult karien.

Q: Procedure to terminate workman on grounds of ill health

The employer is covered under Shops and Establishment Act. The workman has put in more than 5 years of service, and is either continually absent due to ill health and is keeping the employer informed, or when he attends work then he is unable to perform any task because of ill health. What is the procedure by which the employer can terminate his services legally. Which Act & clause provides for the same?

Advocate Shivee Pandey answered
Hi,In the light of the above, the proper procedure and the most common procedure of terminating the employee is by giving a prior one month notice. However, if you want to terminate the employee with immediate effect, it can be done by paying one month salary in lieu of notice period. I can provide the proper format of notice to be given and also can assist you in subsequent procedures and line of action. For any clarification or assistance, you can feel free to consult me.