Advocate Sukhpreet Kaur Bedi

Questions Answered by Advocate Sukhpreet Kaur Bedi

Q: Do I need to serve notice period it wasn't mentioned anywhere

I sent a resignation letter in the startup I work in. It's middle of the month and they have asked me to serve 2 weeks of notice period.Notice period is not mentioned in offer letter or in any mail while joining, there was no contract as well and neither it was discussed during hiring.Will I be compensated for the days I work and the reambusment, if I refuse to serve notice period.Can the founders hold my salary and force me to work 2 weeks more ??How can I make sure I get my compensation?

Advocate Sukhpreet Kaur Bedi answered
Under the Specific Relief Act, a **Contract of Personal Service** cannot be specifically enforced by a court, meaning an employer cannot compel an employee to complete the notice period. However, if an employee resigns before completing the notice period, the employer is entitled to recover the notice pay, i.e., the equivalent salary for the notice period that was not served.Employers cannot legally force an employee to complete the notice period. It is ultimately at the discretion of the employee whether to serve the notice period or pay the equivalent salary in lieu of it. However, completing the notice period is often required to ensure the full settlement of dues, including receiving the final salary and a relieving letter.You may communicate this legal position to your employer and seek clarity regarding any outstanding payments or conditions for the issuance of your relieving letter and final settlement. Based on the employer's response, you can then make an informed decision about how to proceed.

Q: From a PSU, delay in getting offer letter after selection

SirI have selected in a PSU, both written test and interview, during documents verification process they have rejected me, after saying that I m not fulfilling the required criteria. So I have submitted my detailed documents again, after passing more than 10 months, they are still answering the documents are under review. They have issued offer letter to other candidates. My documents are very true, genuine and fulfilling the required criteria. So please guide me what legal step can I take

Advocate Sukhpreet Kaur Bedi answered
Public Sector Undertakings (PSUs) adhere to a fixed recruitment policy, which is designed in accordance with Article 14 of the Indian Constitution, ensuring the right to equality. If you wish to obtain specific details regarding your recruitment, you have the legal right to file a Right to Information (RTI) application. Under the RTI Act, the PSU is obligated to provide you with the relevant information within the prescribed time frame.Alternatively, for a quicker resolution, you may directly email the Human Resources (HR) department of the PSU to inquire about the status of your recruitment application, including any reasons for rejection, if applicable. This approach will enable you to seek clarification and a timely response.

Q: I had a big argument with my bf outside the office premises

I had a big argument outside my office premises with my bf. We work in the same company. Yelling n name calling each other n if manager happen to see us can they terminate us for the yelling which happen outside the office premises during my break? After the argument we both went home taking leave from manager. Do I hv any right as a labour?

Advocate Sukhpreet Kaur Bedi answered
If the argument was of a personal nature, it is unlikely to be the primary reason for termination. However, your employer may address any disruption caused by the argument and could issue a formal warning, emphasizing the need to avoid such behavior in the future. Legally, it is advisable to wait for a response from your employer. If no formal notice or objection is made, it is reasonable to assume that there is no immediate cause for concern.