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Posted 22-May-17 13:58 PM

I am working with a Pvt Ltd Company as a Sr. Software Engineer. I have been placed at the client location. I am 6 Months Pregnant, and have informed the company regarding the same through mail. Now the company says, they do not have any Maternity Leave

I am working with a Pvt Ltd Company as a Sr. Software Engineer. I have been placed at the client location. I am 6 Months Pregnant, and have informed the company regarding the same through mail. Now the company says, they do not have any Maternity Leave Policy in the organisation. They are now planning to shift me to other client location at Hyderabad or Pune or else will have to work in night shifts at the head office at Dahisar. Currently I am staying at Dombili Shilfata and travelling to dahisar takes 3 hrs and working in Night shifts is not an option. Also they said if I am not okay with the above mentioned options, then I should resign.

Here's an article which talks about Maternity leave in a succint format: https://www.thequint.com/india/2015/08/08/dear-indian-women-do-you-know-your-maternity-rights

Broadly, you should get maternity leave 6 weeks before the expected delivery and at last 6 weeks post delivery (or even attempted delivery). You're entitled to 12 weeks of maternity leave if you have minimum 80 working days to your credit in the last 12 months counting from start of maternity leave to be eligible for maternity benefits. Also you should have salary benefits during our maternity leave period.

Here are a few Labour Law advocates who should be able to help you: http://www.ruly.in/search-Lawyers-Online-India/Labour%20Law-lawyers-in-New-Delhi--Delhi--India/15?latitude=28.6139&longitude=77.2090

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Mohsin Shaikh

Posted 22-May-17 13:46 PM

i am working with Cafe coffee day

i am working with employee as per there rule they can not take me back as per policy but there are people working with them as re joining with help of Hr .i got terminated by them in front of police they said they will take me back on job after i rease from jail an you tell me i can ask for take me back .

Your question is not very detailed. But if you were fired previously for whatever reason and you accepted it, then the employer is under no legal obligation to hire you back. You could use your personal connections to find a job again in the same organization or outside but this doesn't sound like a legal obligation on part of your former employer

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Posted 21-May-17 22:08 PM

Reporting time in central govt offices/ autonomous bodies funded by central govt

Hello, I wanted to know the reporting time for morning in central govt/ autonomous bodies funded by central govt. and which are still running in 6 days a week mode. I sometimes reach upto half an hour late; my senior is threatening with disciplinary action. The time of starting office is 9.30 am It will be nice if someone can also point me to relevant documentation as well. Thank You.

As per this circular of the Department of Telecom, the official timings for Central Government offices are 9:00 am to 5:30 pm: http://www.dot.gov.in/sites/default/files/o%26m_0.pdf

Detailed instructions are available here: http://labourbureau.nic.in/BAMS_Guidelines_Nov2014.pdf

If you report beyond 9:30 am, your senior might be right in asking you to take the day off as a CL . If you look at the attendance trends available at http://attendance.gov.in/ , you should find that the average in time is 9:32 am today which means that people make it on time to avoid the CL or they are a part of the attached or subordinate offices where official timings are 9:30 am onwards.

Would suggest consulting with your department for further clarification

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Posted 18-May-17 18:02 PM

You should understand the concept of self acquired property completely. If your father bought the property or it was explicitly bequeathed to him through an expressed will, only then can the property be called "Self acquired" wrt your dad. If your father, however, received the property as a coparcener under the Hindu Succession Act, then it cannot be called "Self acquired" and your brother might contest it.

Similarly, if your dad did not explicitly bequeath the property to your and your brother through a will, then your other brother(s) also have a right to your father's property, even if it is "Self acquired" as they would be trated as coparceners under the Hindu Succession Act 

Here is a case you might want to read about:  http://www.thehindu.com/news/cities/Madurai/grandchildren-cant-claim-right-to-grandfathers-self-acquired-property-hc/article7340669.ece

A few property lawyers, in case you feel like consulting them: http://www.ruly.in/search-Lawyers-Online-India/Property%20Or%20Tenancy-lawyers-in-Delhi--India/19?latitude=28.6619&longitude=77.2274

A few lawyers dealing with Wills and Trusts: http://www.ruly.in/search-Lawyers-Online-India/Wills%20Or%20Trusts-lawyers-in-Delhi--India/23?latitude=28.6619&longitude=77.2274

 

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Subrata Sarkar

Posted 18-May-17 17:30 PM

Could you please elaborate on what you mean by "claiming your share" in a gift deed. Please remember that unlike a will which can be altered multiple times, a gift deed is registered and the asset, once gifted, cannot be taken back - gift deed is irrevocable essentially unlike a will. So if you mean to lay your claim to some asset which has been gifted to others, then it would be difficult. 

If you want to "encash" or sell your gift to generate cash etc, then this should be possible and you don't have to wait for the death of the donor, unlike in a will.

Of course, all this assumes that the deed was registered, and the donor was solvent and true owner of the asset being gifted etc.

Here are a few lawyers who could help: http://www.ruly.in/search-Lawyers-Online-India/Wills%20Or%20Trusts-lawyers-in-Kolkata--West-Bengal--India/23?latitude=22.5726&longitude=88.3639

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Posted 18-May-17 00:03 AM

Hi, Currently, I'm abroad. I need duplicate copy of my graduation certificate, as the original is lost. I was asked to produce affidavit stating that the original copy is lost. Can my father sign an affidavit declaring that my son?s graduation certificate

Hi, Currently, I'm abroad. I need a duplicate copy of my graduation certificate, as the original is lost. I was asked to produce an affidavit stating that the original copy is lost. Can my father sign an affidavit declaring that my son?s graduation certificate is lost?

Ajeet Mishra

Posted 13-May-17 08:23 AM

Society Resolution limiting stay of licensee

I have a 1 BHK house in residential society in Malad (West) area of suburban Mumbai which I have given on rent. The society has informed me that as per their Society resolution, a licensee is not allowed to stay for more than 22 months. Because of this weird rule, I end up rejecting tenant enquiries beyond 2 years period; I have to ask good tenants to leave; and also incur rental income loss when the house remains unoccupied. Is it legal for a residential society to impose such a restriction?

Legally No. Societies/RWAs are meant to be service providers and their bye-laws and acts cannot supercede the fundamental rights granted by the constitution. If your tenants are not causing any nuisance that can be proven in the court of law, then the RWA cannot bar you from leasing it out to tenants on the basis of them being bachelors, spinsters or religious grounds or any other grounds including the duration of their occupation of your house

You should refer to the following judgement: http://www.sclt.in/content/sanwarmal-kejriwal-vs-vishwa-cooperative-housing-society-ltd-ors

Here's a ToI article on a similar grouse: http://timesofindia.indiatimes.com/business/personal-finance/Can-housing-societies-refuse-tenants/articleshow/17274609.cms

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padxi tree

Posted 13-May-17 08:22 AM

Article 15 & 16

Respected Sir/Madame, I am a S/W engineer. I am based out of Chennai. Recently I got interested in going through the Constitution of Indian Union. I have one basic question regarding Article 15 & 16 of the Constitution of Indian Union, which falls under the 'fundamental rights of the citizens of Indian Union' section.. These two articles describes the list of non-discriminatables (factors prohibited for discrimination) by stating that, 'no one should be discriminated on the basis of religion, race, caste, sex, place of birth and residence'. My questions regarding this are, (1) Though 'language' was one among the important topic of discussion during the framing of Constitution back in 1946-1950, Why "language" is not part of this list, which is part of the fundamental rights? (2) So, is it correct that, "any one" or any government can discriminate any other Indian citizen, on the basis of language? (3) Is the absence of Language in that list which is part of the 'fundamental rights', a "flaw" in our constitution? (4) What are the different type of methods to formally add 'language' that list? (5) What are the implications of adding "Language" to Article 15 & 16? I thought of getting this clarified from a lawyer. I request you to clarify my question regarding these two articles. Thanks & Regards ThaaChe

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