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Messages - riteshmaity

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Why without agent you cannot get admission? Come with clear facts for better advice.
Give factual aspect like who is the agent, what is his role, will he take money on behalf of school etc. You cannot have much solution basing on vague query.

Before giving a reply, you are entitled have all the documents basing on which allegations were brought against you. So you may ask for more time and a reasonable time should be given in observance of principle of natural justice. But even prayer for more time should be properly documented. 

Employment laws / Re: duration of work experience
« on: May 04, 2017, 01:14:10 PM »
There is no legal definition of starup under any labour enactments.

Anyways you will be deemed to be in employment since June 2016.

Appointment letter is valid even if it is given to you at a later stage. Even in absence of appointment letter, employer employee relationship can be established through other documents.

Regarding your health issues, have you submitted any medical certificate to you company? Is there is medical certificate at all stating that you are medically unfit to go to office?

Company has rightly demanded the notice pay as mentioned in your appointment letter unless and until you can medically prove that you are currently unfit for the work.

Since you have already received a show cause notice, it is suggested that you give a reply to the show cause being drafted by a lawyer/ profession in this matter.

Employment laws / Re: termination in probation without showing cause
« on: April 29, 2017, 11:31:02 PM »
During probationary period, the service can be terminated from both sides provided that it complies with the notice period/ notice pay as mentioned in the appointment letter.

Employment laws / Re: Wrongful termination
« on: April 18, 2017, 10:34:37 AM »
Some details is required:

Date of joining
Date of termination
nature of company
Nature of your job

Employment laws / Re: maternity benefits for contractual employees
« on: April 13, 2017, 04:06:47 AM »
Your maternity leave will start from 5th August, and during the period of maternity leave no woman can be terminated from his service. In my opinion you will remain in service and enjoy other benefits even if your contract expires in between.

Employment laws / Re: How to get my F&F and my documents back?
« on: April 11, 2017, 10:26:27 AM »
Without going into the reason of your absence due to mother's treatment, I assume that you have accepted the conditions as imposed by the company, though it is illegal prima facie, you tendered your resignation.

Now the company as per terms of employment is asking you to refund Rs.49K. Is there any such terms and conditions? Your letter of appointment as well as your resignation letter along with the demand of the company needs to be considered first. It seems to me that you are not required to pay but before that contents of the documents needs to be looked into. You may ask the company to state under which terms of employment you are required to pay such amount and also ask them to quantify the amount of Rs.49K as claimed by them.

The case is more serious for your 12th Certificate. Hope you have receipt of depositing such certificate to the company. If not, then you are in a big trouble and surely the company will deny that they have accepted any original certificate from you. Please note that the certificates are your property and anyone other person cannot hold it as it is illegal. Regarding 12th certificate, you have to proceed carefully from the legal point of view.

Consumer laws / Re: Cheated by Manufacturer
« on: March 30, 2017, 09:42:02 PM »
Though you have posted in the consumer forum section, your case will not be entertained by the consumer forum considering the commercial purpose involved in it.

Since you have already sent the notice, initial work is done. You may file a money suit before the appropriate court. You may contact a local lawyer who would do the needful for you.   

If you have got any notice from them, you definitely need to reply to that. Please take help of lawyers in drafting the reply. Without seeing the NDA, much cannot be advised.

It is settled law that no agreement/ bond can force you to remain in employment and stop you from joining any competitor company. However, the company has the right to recover the expenses for any special training that has been given to you and nothing more.

Consumer laws / Re: dental college increased my fee by ten lakhs
« on: March 22, 2017, 09:19:35 PM »
You may lodge a simple complaint before the police station stating that college authorities are not allowing you join college though you have paid. This is to be done not to get any police action but as an abundant caution to prove that you have been actually denied.

Thereafter, write a letter under registered post to the college authority stating that though you have paid Rs.... on.... as fees out of total agreed fees of ....... but the college authorities are not allowing you to join classes from ...... You are in a distress and request the college authorities to allow you to join the classes regularly. You may send a copy of this letter to the university under which you are doing the course. If you wish, instead of writing yourself, you may also send a legal notice in this regard.

Thereafter, you may decide to move before the appropriate legal forum.

Employment laws / Re: Notice period rules
« on: March 15, 2017, 12:52:12 PM »
Thanks for the reply. But isn't it cheating the employee by telling him you can resign and not to worry. And then being notified on the last day that you have to pay ? Ethics point of view ? My advice was from legal point of view only. Verbal communication cannot be relied upon hence you will not be able to prove cheating. It's no where in writing that I agreed to pay any amount. On the contrary I have correspondence from them which says that they agree I was informed too late and they will find out the reason and try and investigate. So how can they legally demand anything ? If you have such written communication, then contact a lawyer with all the documents to understand the next course of action that would be suitable for you. If anything can't I take them to court for lying or deceiving any employee to resign early and then asking for money? Surely you can take them to court but before taking anyone to court, do the basic homework i.e. collecting as much evidence as possible.  The resignation was initiated in the system by management, NOT by me. So effectively, they did this not me. correct ? If you can prove it, go ahead.

Replies in bold.

Employment laws / Re: Notice period rules
« on: March 14, 2017, 10:28:08 PM »
From an employer's point of view notice period is required so that the employer can find a replacement within the notice period. For example, if notice period is 3 months and the company is able to find a replacement within 1 month, then the company may waive the 2 months notice period of the existing employee. There is no use of paying 2 months additional notice pay to the exiting employee and the new joinee may not wait for 2 months to join. This is totally the discretion of the management.

In your case since you have no written documents (as you said you did verbal communication) of agreement of early exit, the company may right demand notice pay for the delays of early exit prior to your notice period.

Sending your lawyer physically to the bank has been of no use it seems. A lawyer does not require to go physically and negotiate. A legal notice should have been sufficient.

Since you have already approached the ombudsman wait for few days for any positive result.

Otherwise, you can issue a legal notice (if you haven't) and then approach the consumer forum.

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