Forum Replies Created

  • Sandhya Kumar

    Member
    September 19, 2020 at 2:09 PM in reply to: Hypothetical questions

    I think hypothetical questions should be answered in a way that can highlight our strengths and qualities.

    1. Take time to research the company well in advance
    2. Try to visualize the situation before answering
    3. Align response with the profile you are being interviewed for
    4. Get clarity on the question, not give a hasty response
    5. Customize response in line with the culture and needs of the company
  • In the current context – The Ministry of Labour and Employment has issued advisories to public and private employers and establishments to not terminate their employees, particularly casual or contractual employees, from their jobs or reduce their wages. The notification mentions that even if a place of employment is non-operational, the employees would be deemed to be on duty. Being so the various directions/circulars/communications of the government can at best be advisory and not mandatory.

    There are certain provisions introduced in the Industrial Disputes Act, for payment of compensation in the event of a lay-off. As per Section 2 of ID Act, if an employer is unable to provide employment to an employee due to a natural calamity or for any other connected reason, then the same would fall within the definition of “Lay Off”

    The Industrial Disputes Act 1947 is a Special Law that mandates payment of lay-off compensation in the event of a natural calamity or other connected reasons. The liability in this Special Lay Off which is specific has restricted the payment of 50% of wages as compensation.

    Irrespective of the foregoing, these are trying times, and employers should deal with these matters sensitively and after seeking legal counsel.

  • Offer letter and Appointment order are two different documents. Signing an appointment order or contract before joining the organization is very uncommon.

    If the candidate and employer sign a set of terms and the content of the appointment order stipulates explicit terms for consequences upon not joining, then there is a scope for contract violation when the employee shows no interest in joining.

    So, if this is just a formal appointment order the scope for a legal fight is too narrow.

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