Advocate Vivek Yadav

Questions Answered by Advocate Vivek Yadav

Q: TRANSFERRING EMPLOYEES BETWEEN COMPANIES WITHOUT A LINK BETWEEN THEM

how can we transfer employees of one company to another company Without there being any link between the companies

Advocate Vivek Yadav answered
1. Resignation and New Employment: Employees typically need to resign from the first company and accept a new offer from the second company, as there is no direct legal link between them. 2. Documentation: Prepare necessary documentation, including resignation letters, experience letters from the first company, and offer letters from the new employer. 3. Legal Compliance: Ensure compliance with local labor laws regarding termination and hiring processes, as well as any contractual obligations. 4. Communication: Clearly communicate the changes to employees to maintain transparency and trust throughout the process.

Q: Can We Seek Legal Help Regarding the Canteen Charge Agreement?

Our contractor has mentioned in the document that the responsibility of the canteen will be rotated between both senior employees, but he did not written the rotation period in the contract. He verbally told us that the canteen charge would be handed over to us after 3 months, and we have a call recording of this conversation. However, he has not followed this after 3 months and is now favoring the other employee.Is there any provision or law that can help us in this situation?

Advocate Vivek Yadav answered
1. Specific Performance: If damages are inadequate, seek a court order to compel the contractor to fulfill their obligations as agreed. 2. Claim for Damages: File for compensation for any losses incurred due to the breach, as outlined in Section 73 of the Act. 3. Rescission of Contract: If the breach is material, consider rescinding the contract and restoring any benefits received under it. 4. Mediation or Arbitration: Explore alternative dispute resolution methods before pursuing litigation, which can be more efficient and less adversarial

Q: Terminate from the employment bcoz i took help for versant test

I joined on 15th July. At that time company hired almost 50 people and after 3 months they took a versant test. on their basis they laid off some employees, after 2 months they started taking versant tests again. In our test, I took the help of my friend.Now, we 8 people has signed the acknowledgement. We took the help of my friend for passing this test, after that we got termination email. In this case can go legally?

Advocate Vivek Yadav answered
In your case, you may have grounds to pursue legal action against the company for wrongful termination, especially if you can demonstrate that the termination was unjustified or not in accordance with company policy. However, since you acknowledged taking help during the Versant test, this complicates your position.

Q: I am on Bail in criminal case want to go aborad there is need permissi

Dear Sir Mamgreetings My case was registered at the Delhi AIRPORT Police Station, under the criminal section 420 468 471 120B , currently, I am on anticipatory bail, I want to go to Abroad for 20 days, please confirm that there is any need to get court permission to travel abroad or if I need to get permission from the court, please tell me what the process to get permission is and what the main reason why I got permission easily to travel abroad .Thanks

Advocate Vivek Yadav answered
If you are on anticipatory bail and wish to travel abroad, you generally need to obtain permission from the court. The court may impose conditions on your bail, including requiring prior approval for international travel to ensure you do not evade justice or fail to attend hearings.To seek permission, you should file an application with the court detailing your travel plans and reasons for the trip. Providing strong reasons, such as work commitments or family matters, can aid in securing approval. It’s advisable to submit your application

Q: can we go to sc for stay if hc has rejected is but apeal is accepted

हाईकोर्ट ने निचली अदालत के तलाक के आदेश के खिलाफ स्थगन अनुरोध को खारिज कर दिया है, लेकिन अपील स्वीकार कर ली है। क्या स्टे के लिए SC कोर्ट जाना संभव है?

Advocate Vivek Yadav answered
Yes, you can approach the Supreme Court for a stay even if the High Court has rejected it, provided that your appeal has been accepted. The Supreme Court has the jurisdiction to grant interim relief, including stay orders, under Article 142 of the Constitution, which allows it to exercise discretion based on the case’s merits. However, it’s advisable to first seek a reconsideration of the High Court’s decision before escalating to the Supreme Court.