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Mayank

Mayank Rautela  |238 Answers  |Ask -

HR Expert - Answered on Jan 07, 2022

Mayank Rautela is the group chief human resources officer at Care Hospitals.
A management graduate from the Symbiosis Institute of Management Studies with a master's degree in labour laws from Pune University, Rautela has over 20 years of experience in general management, strategic human resources, global mergers and integrations and change management.... more
D Question by D on Jan 07, 2022Hindi
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Career

Dear Mayank, 
Greetings! I would like to keep our name and organisation confidential. 
Here is the issue. 
We hired a lady in 2020 July during the pandemic. We have given her an assignment. She was in that assignment for only four months before the client has asked her to be replaced as she wasn't concentrating on her work. 
In January 2021, she got married. She wanted leave for a couple of weeks and an advance of Rs 2 lakhs which we gave and which was subsequently deducted from her salary month on month.
She became pregnant and we gave her maternity leave also.
In the first week of December 2021, when we proposed her to an MNC, we came to know that she had joined this particular MNC in September 2020.
She is still on this MNC’s rolls and they are paying her salary. She also availed leave for her marriage and maternity from that organisation.
We are also paying her salary.
She is working with both these organisations full time. My company and I feel cheated. How do we address this? I want to recover the money paid to her as salary, is that a possibility? 
Regards,
D

Ans:

What the employee did is professionally, ethically and legally inappropriate.

You can contact the other employer and collectively file a legal case against this employee.

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Sir/Madam, My wife works in corporate school in Hyderabad where they have taken bond for 2 months notice . In addition they also with hold 2 months pay after joining. She has benn working for 10 years and after every increment they again withhold increment amount for 2 months. They took separate agreement for this withholding but did not share employee copy with her. I feel this is immoral, but want to know if this is legally right? Please.let.us know
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Regarding the withholding of increments, it is not legal for employers to withhold increments without the employee’s consent. If your wife has not given her consent for the withholding of increments, she can file a complaint with the Labour Commissioner.

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Hi, my only son aged 27yrs is in relationship with a girl aged 22yrs and she kept him as guarantor in her home loan of 20 lacs and took personal loan of 5 lacs from my son (which he took from NBFC and gave it to her). This all done without informing any of us in our family. She is from other state and she donot any family members except her single mom. We have undivided family with conservative mind set. Our family members are not willing to accept her in the family as she taking undue advantage from my son and feels untrustworthy....plz advice
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Madam, Thanks for your prompt reply. In the interest of the future and overall wellbeing of my family, I had provided several chances for rectifying her behaviour but to no avail. All false promises and cheating with impunity. She has also threatened by sons against disclosing the situation to me, all these years. She has taken mis-advantage of my tolerance, did not mend her ways and has shown a very bad example to my kids. Such irresponsible outright impune behaviour must not go unpunished (in the proper legal way)
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Divorce and betrayal can be emotionally taxing. It's understandable that you might be seeking a sense of justice and accountability for the actions that have hurt you and your family.Consult with a lawyer to get a clear understanding of your legal options and the potential outcomes of pursuing a case against your ex-wife and her partner. They can provide guidance based on the specific laws applicable to your situation. Ensure that your primary focus is on the well-being of your sons. Divorce can be especially tough on children, and their emotional health should be a top priority. Focus on your personal growth and healing. Sometimes, moving forward and building a positive future for yourself and your children is the best form of "retribution". Consider whether pursuing legal action will truly bring you the closure you seek. Sometimes, the legal process can be lengthy, expensive, and emotionally draining. Assess whether it's worth the investment of time and energy for the outcome you desire.

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