Also read:Expert 5 Tips to Manage Senior Blood Sugar: Fibre, Water, Sleep.

The Supreme Court has given the Central Bureau of Investigation (CBI) a “free hand” and essentially made them the primary, national agency for these cases, demanding cooperation from every other institutional player.

Here are the critical takeaways from the order:

SC Unchains CBI: Sweeping Powers Granted for Digital Arrest Probe

This whole push started with the Court taking suo motu (on its own motion) notice of the scams, which often involve fraudsters fabricating court and CBI orders to extort money. Now, the crackdown is official.

Key Investigative Powers Granted to CBI

• Banker Complicity: The CBI has been given specific freedom to investigate the role of bankers under the Prevention of Corruption Act. This is huge. It means if a bank official knowingly facilitates the opening of mule accounts for these scams, the CBI can prosecute them as corrupt officials.

• Access and Freeze: The agency has been given open permission to access phone data and immediately freeze bank accounts linked to the proceeds of the crime.

• Pan-India Authority: To ensure the probe isn’t stopped at state borders, the Supreme Court directed states that typically don’t give “general consent” to the CBI to grant approval for investigations under the IT Act. The investigation is now unified country-wide.

• International Angle: The CBI has permission to seek Interpol assistance when the cases have a cross-border connection.

Mandatory Cooperation & Systemic Fixes

The Supreme Court didn’t just target the criminals; it targeted the systemic loopholes that enable them.

• RBI Called In: The Court issued a notice to the Reserve Bank of India (RBI), making it a party to the case. They want the RBI to answer on when AI and machine learning will be implemented to automatically identify suspicious accounts and freeze criminal proceeds instantly.

• Telco & IT Intermediary Compliance:

  • IT Intermediaries (WhatsApp, etc.) must fully cooperate and store mobile phone data for all phones named in cybercrime FIRs.

  • Telecom Operators must cooperate and flag instances where multiple SIM cards are issued in the same name. The DoT has been asked to file a reply on how they will prevent this SIM card misuse.

In short, the highest court has mandated a complete, coordinated government response—from banking regulation to telecom checks to police resources—to fight this sophisticated, nationwide fraud network.

Also read:Expert 5 Tips to Manage Senior Blood Sugar: Fibre, Water, Sleep.

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Also read:Lost Your DL? How to Get a Duplicate Online via Parivahan

The thing is, the process is mostly streamlined now. You don’t have to get lost in the RTO lines like it’s the old days. Here are the field notes on how to get the duplicate without the bureaucratic shock:

Step 1: Get Your Papers Right—Upfront

Don’t start the application until you have everything. This is where people always get delayed. X is the chaos of missing documents. And then Y follows: the application is instantly rejected.

• The Big Three: Application form (specific to your state/municipality), ID proof, and address proof. Get scanned copies.

• The Local Rules: Check your local municipal corporation’s website or the CRSORG.gov.in portal. Some local offices need extra papers. Check before you click.

Step 2: Find the Right Form and Fee

India is not one country when it comes to forms. Let’s be real. Every state and every city has a different form for a duplicate birth certificate.

• The Form: Go to your Municipal Corporation or Panchayat website. Download the correct form for your jurisdiction. Filling out the wrong form is a costly mistake.

• The Fee: The cost changes based on the state or municipality. Make sure you know the exact amount. Check if they take online payments. Online payment makes the process easier, or nothing. Pay the fee, get the receipt, save the application number.

Step 3: Track the Progress and Don’t Call

Once you submit, your job is to track the status. Don’t waste time going to the office physically.

• Online Portal: Most local authorities have tracking portals now. Use your application number to monitor the progress in real-time.

• The Wait: They will process it. If there’s an issue—a document is blurry, or a signature is missing—they will usually update the portal. Get clarity early on. Don’t hesitate to call the customer support number listed on the municipal website if the status is stuck for too long.

When the duplicate is ready, they’ll notify you. You either pick it up, or it comes by post. The process is messy, but manageable if you follow the checklist. It’s ongoing.

Also read:Lost Your DL? How to Get a Duplicate Online via Parivahan

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A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the up to 15 days before, or up to six months from the date of delivery of the child.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity Leave may be combined with leave of any other kind.

The paternity leave shall not be debited against the leave account. If Paternity Leave is not availed of within the period such leave shall be treated as lapsed.

NOTE:- The Paternity Leave shall not normally be refused under any circumstances.

Paternity Leave for Child Adoption:-

A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year may be granted Paternity Leave for a period of 15 days within a period of six months from the date of valid adoption.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity leave may be combined with leave of any other kind.

The Paternity Leave shall not be debited against the leave account. If Paternity leave is not availed of within the period specified in sub-rule (1) such leave shall be treated as lapsed.

Note:- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.

Source:- CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972 4[43-A,5[43-AA.

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Notices have been issued to Chief Secretary and the Director General of Police, Uttar Pradesh asking for the report in six weeks and provision of relief to family of the victim who belonged to the Scheduled caste, as per the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

Also Read: The Legal Perspective Of Mental Harassment

It has been reported that the victim had gone to a farm on August 15, that belonged to one of the accused as the toilet at her home was non functional, and there she was allegedly tortured before being strangled to death.

NHRC issued a press release stating that the Chief Secretary is also expected to sensitise the district authorities in the State to create awareness that the toilets should not be constructed for mere fulfilment of the government records, they are to be actually made functional.

The Commission also stated that its expected from the Ministry to issue guidelines to all the States and Union Territories to ensure that the toilets are not only constructed but also used to make the country clean and save the women from the heinous crimes committed by anti-social elements when they go out to relieve themselves.

As reported, the Senior Superintendent of Police, Kheri has informed that the FIR has been registered against the accused under relevant sections of IPC and POCSO Act, charged under National Security Act will also be included.

The post NHRC wants detailed report on UP gangrape of 13-yr-old first appeared on Rightsofemployees.com.

In the legal sense, these are behaviours that appear to be disturbing, upsetting or threatening. They evolve from discriminatory grounds, and have an effect of nullifying or impairing a person from taking benefits of their rights. When these behaviours become repetitive, they can also be construed as bullying in common parlance. The continuity or repetitiveness and the distressing, alarming or threatening nature may distinguish it from a mere insult or admonishment.

Categorisation of Harassment:

Harassment can take many forms and some of the most common types of harassment are: –

1. Mental Harassment
2. Physical Harassment
3. Discriminatory Harassment
4. Sexual Harassment
5. Harassment based on race, gender or religion
6. Emotional or Psychological Harassment
7. Cyberbullying or Online Harassment

In this update we shall analyze the legal position with respect to the issue of Mental Harassment. Before we elaborate further, one must understand that mental harassment is co- related to other forms of harassment as categorized hereinabove, hence a person who is a victim of any other form of harassment can also claim to be a victim of mental harassment at the same time.

Also Read: Facing Mental Harassment from Boss at Workplace

Legal Analysis of Mental Harassment:

Certain rights are inalienable from a human being and are guaranteed by birth. The Protection of Human Rights Act, 1993 defines human rights as the rights related to the life, liberty, equality and dignity of the individual which are guaranteed by the Constitution or embodied in various International Covenants which are enforceable in the Courts in India. Right to live with dignity forms a part of human rights and any form of harassment amounts to breach of the right to live with dignity.

Below are few Indian laws which deal with various forms of Harassment:

1.     The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

This was the first legislation enacted to protect the women from being sexually harassed at work place. The legislation has defined the term sexual harassment under section 2 and gives an inclusive definition stating that sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:

• physical contact and advances; or
• a demand or request for a sexual favour; or
• making sexually coloured remarks; or
• showing pornography; or
• any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

The law mandates certain practices which workplaces ought to follow to prevent sexual harassment and mechanisms which need to be created for redressal of complaints.

2.     Indian Penal Code, 1860.

The term “Mental Harassment” has not been specifically defined under the Indian Penal Code, 1860 (IPC), however harassment can be interpreted in terms of cruelty or torture. The relevant sections are as follows: –

A. Section 294: Obscene acts and songs:

Whoever, to the annoyance of others

a. does any obscene act in any public place, or

b. sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

B. Section 354: Assault or criminal force to woman with intent to outrage  her modesty.-

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

C. Section 354A: Sexual harassment and punishment for sexual harassment.

1. A man committing any of the following acts- *physical contact and advances involving unwelcome and explicit sexual overtures; or *a demand or request for sexual favours; or *showing pornography against the will of a woman; or *making sexually coloured remarks,

shall be guilty of the offence of sexual harassment.

2. Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

3. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

D. Section 498A: Husband or relative of husband of a woman subjecting her to cruelty – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation —For the purpose of this section, “cruelty” means—

• any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
• harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

E. Section 509: Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

3.  Information Technology Act, 2000

This law aims to give legal recognition to online transactions and also deals with various acts and offences which may be committed online:

1. Section 67: Punishment for publishing or transmitting obscene material in electronic form.-Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
2. Section 67A: Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.– Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Judicial Precedents:

Few of the cases that the Indian courts have dealt with in regard to Mental Harassment in a professional sphere are as follows:

1.Vishaka & Ors. vs. State of Rajasthan (AIR 1997 SC 3011): Decided on August 13, 1997.

This is a landmark judgment in the history of sexual harassment which has being decided by the Hon’ble Supreme Court of India. Sexual Harassment means an uninvited/ unwelcome sexual favor or sexual gestures from one gender towards the other gender. It makes the person feel humiliated, offended and insulted to whom it is been done and completely destroys its mental peace causing a greater level of mental harassment as well.

Sexual harassment is one of the social evil faced by the fragile portion of the society. The court observed that the fundamental rights under Article 14[2], 19[3](1)(g) and 21[4]of Constitution of India that, every profession, trade or occupation should provide safe working environment to the employees. It hampered the right to life and the right to live a dignified life. The basic requirement was that there should be the availability of safe working environment at workplace.

The Hon’ble Supreme Court held that, women have fundamental right towards the freedom of sexual harassment at workplace. It also put forward various important guidelines for the employees to follow them and avoid sexual harassment of women  at workplace. The court also suggested having proper techniques for the implementation of cases where there is sexual harassment at workplace. The main aim/objective of the Supreme Court was to ensure gender equality among people and also to ensure that there should be no discrimination towards women at their workplace.

2. L. Nagaraju vs. Syndicate Bank and Ors.: High Court of Andhra Pradesh: Decided on December 18,2013.

The Division Bench of the Hon’ble Andhra Pradesh High court went on to elucidate Mental Harassment and quoted the Indian Journal of Community Medicine (official publication of preventive & social medicine) in the Article “A cross sectional study in Coastal South India which defined “work place harassment” thus:

“Harassment is any improper and unwelcome conduct that might reasonably be expected or be perceived to cause offence or humiliation to another person. Harassment may take the form of words, gestures or actions which tend to annoy, alarm, abuse, demean, intimidate, belittle, humiliate or embarrass another or which create an intimidating, hostile or offensive work environment.”

The Hon’ble AP High court went on to add, “Finally, we may thus state or define the work place harassment as follows: Workplace harassment‘ is any type of unwelcome action towards an employee by the employer or anybody on his behalf that leads to difficulty in performing assigned tasks or causes the employee to feel he or she is working in a hostile environment. The harassment may be based on such factors as race, gender, culture, age, sexual orientation, or religious preference.”

In general, there are several factors that must be present in order to workplace harassment to be recognised. First, the conduct must be unwelcome and offensive to the employee. Second, the employee must voice his or her objection to the behaviour, allowing the offending individual or individuals to correct their workplace behaviour.

Lastly, the conduct must be of such a nature that makes an impact on the ability of the employee to carry out his or her duties in an efficient and responsible manner.

Some forms of workplace harassment are more common than others. Unwanted sexual advances by peers or supervisors is the most often cited form of workplace harassment. Both male and female employees may be approached by someone in the workplace who either hint or directly state that compliance will benefit the employee in some manner, or at least help to ensure that employment will continue. Today, many countries have laws that protect employees of all genders from this type of harassment.

Workplace harassment may also take the form of prejudiced remarks or tasteless jokes that have to do with an individual’s personal beliefs, age, or sexual orientation. While harassment of this type is widespread in many offices and other workplaces, employers are beginning to take a more aggressive stance on slurs, name-calling and veiled threats that target employees for any of these reasons. In addition, more countries are expanding harassment laws to include irresponsible remarks and various forms of intimidation that have to do with age, religion, and orientation.”

Although, in the instant case, the Hon’ble Court could not find enough evidence against the Respondent on the charge of Office Bullying or Mental Harassment and thus dismissed the Appeal, however the Hon’ble Court has very clearly explained what amounts to Mental Harassment.

Maintaining a Healthy Corporate Environment:

In order to ensure that harassment does not occur in office premises, managements should ensure that following actions to not occur or are minimised at work place:

1. One person is given preferential treatment: One person in the work group is receiving preferential treatment like top projects, travel perks and free time. Meanwhile, the other person finds that most of his requests along the same lines are denied without reasonable explanation.
2. One’s progress goes unseen: Say you’ve been given a directive with certain objectives, an ultimate goal and a deadline. You work hard and with focus only to  find out, that suddenly there’s a change in direction on the project. Your progress is not celebrated or applied to the new project, but not even taken into account. This can lead to mental harassment.
3. All your decisions are questioned: There can be a situation where one person is constantly bombarded by excessive micro-managing. He doesn’t feel like his intuition or decisions are being trusted, and he can’texplain why. He gets the sense that he is wrongly perceived as incompetent and his decision-making capability is greatly reduced as a result.
4. You are socially alienated: All of a sudden, one person is excluded from meetings he once attended. His colleagues tend to discuss work prior to his arrival and he is left with absolutely no clue what to do. Besides, he is not marked on important mails. Co- workers tend to avoid him and keep interaction to a minimum. He may also find that he is no longer invited to post work drinks with his teammates.
5. Your health is failing: Mentally, that person is drained and his energy is zapped. He is sleeping more and getting out of bed is a real task for him. Exercising and socialising with his friends is a chore. Bullying can lead to depression, anxiety, panic attacks and mood swings. There are physical symptoms such as increased blood pressure, rapid heartbeat, and loss of appetite (or excessive eating).
6. Have experienced verbal spat: When a person is subjected to negative, abusive language -reprimanded often in front of the entire office. Verbal abuse can also be more subtle than loud insults. That person may find that he is being joked around with in a way that makes him feel uncomfortable and small, and that too can be verbal bullying.
7. Your work is publicly diminished: The person’s dedication to his job is not acknowledged by his boss or they give credit to others (for his hard work) in a public setting such as a meeting.
8. Face unnecessary criticism: It seems that in the eyes of the boss, that person is ineffective and unprofessional. Feedback is always provided in the form of criticism and delivered in a way to make that person feel awful about himself. There’s no effort to provide guidance.
9. Presented unreasonable obstacles: If the boss purposely throws roadblocks in front of one person to prevent him from successfully completing a project is also a major act of bullying which is equivalent to mentalharassment.

Besides the above the corporates should have an active, impartial and easy to approach grievance redressal mechanisms for employees and statutorily mandated committee under the POSH Act and Rules for redressal of sexual harassment complaints.

Legal Recourse to be adopted:

The answer to this question solely depends on the kind of mental harassment an individual is subjected to and these could include:

1. Termination from Work: If the person has been wronged professionally and has been terminated from the services without any reason or cogent evidence, the relief that the person can get from court is relating to re-instating of his services and allowing of wages to be given from back date.
2. Violent Behaviour: If the person has been subjected to violence as a consequence of mental harassment or feels that his peace has been hampered or bodily injury, a Complaint or an FIR can be registered and a criminal case shall be registered against the employer followed with sentencing.
3. Late Wages or No Wages: Mental Harassment in form of late wages, no wages or even equal pay for equal work can be claimed. Redressal in such cases can be granted by Labour Court if the victim approaches the Labour Court under the Industrial Disputes Act, 1947 or the Payment of Wages Act, 1936.
4. Person with Disabilities or Other form of Discrimination: Mental Harassment is a huge umbrella and can also be claimed by pregnant women and persons with disabilities. In such cases, remedy is provided under Maternity Benefits Act, 1961 which protects pregnant women from discrimination. Further, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,1995 protects people with disabilities from discrimination.
5. Sexual Harassment: Gender discrimination and sexual harassment at work workplace is one of the most common forms of harassment faced especially by women at work place. India has legal provisions under the IPC and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 which provide remedies for victims and also impose obligations on organisations to ensure safe working environment for women.

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COVID-19 is still prevalent in many countries around the globe, and it seems to have a long-lasting impact on economies of many nations. In the wake of COVID-19 lockdown there are number of employment-related issues faced by both employees and employers. Everyone is interested to safeguard their economic interests. There are many questions about what are the rights and obligations of employers and employees during the time of this lockdown and social distancing. Read on to know more. 

Salaries during Coronavirus Pandemic

An often asked question during this time is, whether employers have a continued obligation to pay salaries or not. As per government, if an employer can afford to pay salaries at the same rate they’ve been doing before lockdown, then they should do so. However, it is also true that for most employers it will be not viable to continue paying salaries because of the nature of the industry. In this case, it is advisable for both parties to decide mutually and come up with a solution. However, any reduction in salaries has to be as per minimum guarantees provided under the law. But as per latest development, some states are looking to suspend minimum pay legislation to help companies recover coronavirus losses. More clarity on this is expected to come in a couple of days.

Also Read: What to do if employer does not pay salary on time

Like we said, it depends on the kind of industry. If an organization can continue rendering services and its employers can work from home, then this way both parties will have to bear losses.

Termination during Coronavirus Pandemic

As mentioned above, termination or layoffs should be avoided as much as possible. And it is advisable to mutually decide the course of action. However, in extreme circumstances employers are permitted to terminate employees. But in order to do so, they would need to follow the mandates provided by law for these actions. 

Insurance Obligations during Covid-19

In the wake of COVID-19 situation, the government has extended the contribution period towards Employees State Insurance or ESI. From March, 2020, a relaxation has been given by government that instead of the usual 15 days’ time period for depositing the ESI Contributions, a more relaxed time period of 45 days is provided. Also, employees have been assured that they will be able to use their Insurance entitlements, even if the illness or death has happened due to COVID-19. The Life Insurance Council of India (LIC), by a press release, has confirmed that all COVID-19 related death claims shall be honored. Similarly, the government has also stated clearly that employees shall be entitled to use their ESI Contribution entitlements for illness or death caused due to COVID-19.

Work from Home option during Coronavirus Pandemic

Following the spread of epidemic, to ensure social distancing norms – all commercial and industrial establishments which are not engaged in giving essential services were instructed to be closed. However, wherever possible employers have a right to ask employees to Work from Home. But remote working environments has their own risks. Employers may end up giving personal access to the Confidential Data and Trade-related secrets of the company. Hence it goes without saying that all clauses of maintaining confidentiality of company data would be strictly applied to all employees who are working from home.

It goes without saying that during this difficult time, as a moral obligation, we all should do whatever is in the favor of humanity and working ethics. We will keep you posted with latest developments of government in this regards.

Hope we Answered Rights of Employees & Employers during Coronavirus Pandemic

Read About : IndiGo announces salary cuts for top management from May amid coronavirus lockdown

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As an employer or an employee, you have specific obligations to uphold your employment contract. Even if the contract is verbally implied, both employer and employee are bound by that contract. It can be difficult to get out of an employment contract, but there are ways it can be legally done, which saves you from facing a potential lawsuit for breaching the contract.

No, employment bond is not enforceable.

Many people think it is contract and parties are abide by it. But section 27 of indian contract act 1872 says something different.

Employment bonds are employment agreements with negative covenant. Under the Indian Law, the employment agreements with negative covenants is valid and legally enforceable if the parties agree with their free consent i.e. without fraud, coercion, undue influence, mistake and misrepresentation. The Indian courts have held that in the event of a breach of contract by the employee, the employer shall be entitled to recover damages only if a considerable amount of expenditure was borne by the employer. Indian law mandates the employment bonds to be “reasonable” in order to be valid. The term reasonable remains undefined anywhere in the Indian law and therefore the courts have given meaning to “reasonable” depending upon the facts and circumstances of the cases. The proposition which has emerged till now is that conditions stipulated in the contract should be necessary to protect the interest of the employer and compensate the loss caused by breach of contract. Additionally, the penalty or compulsory employment period stipulated should not exorbitant.

How to Challenge the enforceability of Employment Bond?

The validity of Employment bonds can be challenged on the basis of Section27 of the Indian Contract Act. Section 27 of the Indian Contract Act, 1872 prohibits any agreement in restraint of trade and profession. Any agreement in trade and profession according to Section 27 is void.

As per the Section 27, any terms and conditions of an agreement which directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid under the Indian law, The employee has right to resign from the employment even if he has agreed in the employment bond to serve the employer for a specific period of time.

For an employment bond to be valid under Indian law, it has to be proved that it is necessary for the freedom of trade. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. If an agreement is challenged on the grounds of violating the provision relating to restraint of trade, the onus is on the party supporting the contract to show that restraint is reasonably necessary to protect his interests.

Following are the requirements of a valid employment bond agreement.

1. The agreement must be signed by the parties with free consent.
2. The conditions stipulated must be reasonable and:

• The conditions imposed on the employee must be proved to be necessary to safeguard the interest of the employer.

1. The employment bond is to be executed on a stamp paper of appropriate value in order to be valid and enforceable.

Remedies Available to Employer and Employee

If an employment bond is breached, the employer might be entitled to compensation. The compensation awarded should be reasonable to compensate the loss and should not exceed the penalty, if any stipulated in the contract. The court computes the reasonable compensation amount by computing the actual loss incurred by the employer having regard to all facts and circumstances of the case. Even if the bond stipulates payment of any penalty amount in the event of breach, it does not mean that the employer shall be entitled to receive the stipulated amount in full; the courts shall determine the reasonable amount of compensation to be paid. One interesting question arises, whether the employers are entitled to seek for reinstatement of their employee or obtain restraining order against the employee from joining any competitor or another employer? The Supreme Court while dealing with a similar situation has held that specific performance action cannot be sought for breach of contract of personal service or bond and therefore employer shall not be entitled for reinstatement of their employees as relief in the event of breach of bond. We have witnessed the trend that courts are not willing to grant an injunction against the employees restricting their employment with another employer unless it is necessary for the protection of proprietary interests or trade secrets of the employer.

The court considers the actual expenses incurred by the employer, the period of service by the employee, the conditions stipulated in the contract to determine the loss incurred by the employer to arrive at reasonable compensation amount.

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The rules for encashment of leave shall cover all regular employees of the company, excluding those on deputation from Government / other organizations and company employees on deputation to others.

The authorities who are Competent to sanction leave shall be the sanctioning authority for approving encashment of leave under these rules.

Encashment Benifits:

1.  The encashment of leave shall be regulated on the basis of the last pay drawn which includes basic pay, dearness allowance, personal pay.

2.  The encashment benefit shall not be reckoned as Wage / Salary while working out overtime, Gratuity, Provident Fund, bonus under the Bonus Act, etc.

Clarification:

1.  The leave to be encashment under these rules would be Earned Leave only and not any other kind of leave.

The encashment benefit will be regulated on the basis of the last pay drawn which should be the monthly
rate of pay of the employee immediately before proceeding on leave. A month will generally a calendar
month of 30 days.

Illustration :

Last pay drawn X no. of days for which encashment allowed                                           ________________________________________________                                                                                                             30

ELIGIBILITY:

WHILE IN SERVICE

1.  Earned leave standing to the credit of an employee may be encashed at his option only once in a calendar year provided that the quantum of leave to be encashed in each case is not more than 50% of the Earned Leave at credit or 30 days earned leave whichever is less.
2. An employee who is released on acceptance of his/her resignation shall be allowed encashment of Earned Leave standing to his/her credit as on the date of release, after adjusting the notice period not served if any.
3.  The trainees are allowed to encash unavailed Leave with Full Stipend at the time of completion of their training. In calculating the period of Leave with Full Stipend, all holidays and off-days whether occuring during or end of the period shall be excluded.

ON DISMISSAL OR REMOVAL :

The encashment of leave will not be admissible on dismissal or removal from service of an employee. In case of termination simplicitor, an employee will be eligible for encashment of earned leave as per rules above.

ON RETRENCHMENT:

The employee shall be paid leave salary in lieu of earned leave due to him.

ON RETIREMENT:

If any leave due to an employee is not utilised, he shall be allowed to encash the unavailed portion of the earned leave.

ON DEATH :

The leave salary in respect of earned leave standing to the credit shall be paid to the nominee(s) declared for receiving the Provident Fund and Gratuity or in the absence of nominee to his legal heir(s).

PROCEDURE :

For leave encashment under rule-while in service, an employee shall be required to apply in writing to the sanctioning authority. In all other cases it shall be settled by appropriate authority.

Tax on Leave Encashment:

Government Employee: The entire amount received as leave encashment is tax free.

Non Government Employee:

The leave encashment for private sector employees is stated in Section 10 (10AA) and is minimum of the following 4 factors:

1. Amount received as leave encashment
2. Maximum cap as stated by government – Rs 3 Lakhs
3. Last 10 months average basic salary & dearness allowance before leaving the job
4. Cash equivalent of the leave balance, subject to maximum of 30 days for each completed year of service

The post Encashment Of Leave first appeared on Rightsofemployees.com.

Wrongful termination is one the most common types of employment dispute. Every year thousands of employees are subjected to wrongful termination, but are completely unaware of the correct legal course against it. Before considering about taking an action against the employer, you need to establish whether the termination was wrongful or not.

Wrongful termination is difficult to prove, because most states have an “at will” policy when it comes to employment. Under this policy, either the employee or the employer may terminate employment at any time without consequence. However, there are illegal reasons to terminate an employee. Winning a wrongful termination suit requires that you produce sufficient facts that you were terminated illegally.

If you are considering suing your employer for wrongful termination, you should first consult an employment attorney. Below are a few steps towards filing a successful claim:

Determine whether you are an at-will employee;

Review your employment contract, which should give your insight on what type of employee you are, for what reasons you may fired, and the steps you need to take to file a complaint;

File a complaint with your human resources department; and

If your filed complaint does not turn out in your favour, speak with your attorney who, if need be, will be able to push forward with your claim.

What can you do?

Start by approaching the human resource department of your company. It will be in a position to explain where you stand legally and will help resolve the issue. You can also lodge a formal complaint directly with the department and should give it adequate time to evaluate your situation and suggest a solution. If you are not satisfied with the response, you can file a court case.
In case of a violation of your contract, you can file a case in a civil court. Cases of mental harassment can be filed in the civil court as well as a criminal court, if you add the charge of criminal intimidation. Consult a lawyer to see if your case can be settled through arbitration or by a labour tribunal as this is easier and more cost-efficient.

If you decide to take the matter to court, ensure that you prepare yourself well for it. Maintain a record of all the incidents that you think were wrong or in violation of your rights. If possible, note down the date and time as well. This will be immensely useful to your lawyer, who will be able to ascertain if you have a case at all. You can use this information even while discussing the matter with the HR team.

Looking toward the future, practice answering interview questions about the termination, and gather references from contacts to bolster your candidacy for jobs. Don’t let this reversal stand in the way of your success.

The post How to Sue an Employer for Wrongful Termination ? first appeared on Rightsofemployees.com.

Even though companies across the world are coming up with people friendly policies, there is always a small section of employees who like to take   advantage of the same. Often employees leave organizations without serving notice in the lure of better chances elsewhere. But this is only a short term advantage. Barring some countries, most good organizations require a ”service or relieving certificate” as proof of employment.

The signed and   stamped ” Letter of Appointment” between and employer and employee is a legally valid document in the court of law. If an appointment letter clearly spells out the conditions of termination and notice, and the employee signs the document, then he/she must abide by the terms. However, most organization have a condition of ”lieu of”. Typically the notice period can be waived ”in lieu of” pay deduction. And most employees exercise that option by negotiating the difference with the other organization. There are always exceptions but no ethical   organization can force an employee to serve the notice unless there is a pressing business need or ”notice pay” refusal from employee or monetary advances provided to the employee.

The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.

You can leave the job by either giving notice or payment in lieu of notice.The Company’s policies and procedures are the supplementary aspects. The constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid. By putting the clause in service regulation that it is company’s discretion to accept the notice or not is against the provisions of constitution of India. Hence company cannot threaten you by showing this clause. The Company cannot force you to serve the entire notice period.

Also Read:

• How to file Income Tax Returns ( ITR )?

• EPF v/s PPF v/s VPF: Which One is Better?

• HRA Exemption Rules

The post Can Companies Force Employees to Serve Notice Period? first appeared on Rightsofemployees.com.