Advocate Yoothica Pallavi

Questions Answered by Advocate Yoothica Pallavi

Q: What is the maximum working hours in india for private companies ?

What is the maximum working hours in india for private companies as per law.... Can i go to court if my boss says to stretch timings? what is the law for private job timing ?

Advocate Yoothica Pallavi answered
A worker cannot work for more than forty-eight hours in any week and nine hours in any day. With this regard there are various provisions given in Factories Act (Sections 51,54) and Delhi Shops and Establishment Act (Section 8). The worker/employee however, must under no circumstances can work for more than 54 hours for the week depending on the work.Yes You can approach labor court in case you are working for more than the prescribed working hours. But for that it is necessary for you to fall under the definition of worker or employee as defined under Factories Act and Shops & Establishment Act. So it depends upon facts, such as the post you are working at, salary you are receiving, nature of your job and company you are working in. Besides, companies also have their own working hours and leave policies.

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 Yoothica Pallavi answered
No the organisation cannot cannot fire you. There is a Maternity Benefit Act 1961 protecting the employment of women during the time of her maternity and entitles her of a maternity benefit i.e. full paid absence from work to take care for her child. This act is applicable on all the establishments having more than 10 employees.The duration of paid maternity leave available for women employees has been extended from12 weeks to 26 weeks.But for claiming maternity benefit from the employer it is necessary to have worked in the office for atleast 80 days.Also many establishments have their own rules sometimes for pregnant women which need to ve checked.

Q: Clothing website cheating customers

There is a website, dealing in women’s clothing. They are cheating customers, sending them wrong products. Customers are unable to contact them because their contact number is wrong. They are doing marketing on facebook, but never reply to customer queries. What legal actions are required to stop them from doing this fraud?

Advocate Yoothica Pallavi answered
In such case you can take civil and criminal actions both. First you can approach consumer forum filing complaint against the said site. And it is also a case of fraud so you can file a complaint too with the police /court.For opinion to be more specific more details will be required.

Q: Procedure to file a case of medical negligence

I want to file a medical negligence case against a hospital as I see lapses due to which my mother passed away.

Advocate Yoothica Pallavi answered
Yes of course you can file a consumer complaint against the concerned hospital before the consumer forum but make sure there is strict and cogent evidence to prove the negligence of the said hospital. Also depending upon the money spent in the treatment of the patient jurisdiction will be decided that whether the complaint has to be filed in state district or national consumer forum. For opinion to be more specific more details of the case will be required.

Q: Filing PIL in Supreme court against state public service commission

I want to know how to file PIL in Supreme Court against State public service commission as per SC reservation not allow more than 50% but the commission has given reservation in 63 preliminary exam result. Pls let me know can I file pil against SC?

Advocate Yoothica Pallavi answered
It would be preferable to first approach high court of the concerned state under article 226 of the Constitution so that u have remedy to approach Supreme Court if you are not granted any relief by the High Court.