Can someone share my personal information without my consent?
It depends on the nature of the information, and what you define as personal, but the basic answer is yes, they can share it without your consent.Most data about people has almost no legal protection. This is why it’s legal for gMail to read and analyze your emails looking for topics they can use to categorize you for advertisers. It’s why Facebook can do the same, even in your chats using Facebook Messenger. It’s why it’s legal for VR games and even your weather app to collect your minute-to-minute GPS track 24 hours a day, and sell it to advertisers or anyone else willing to buy it. It’s why your supermarket offers you a discount membership card, so they can sell lists of all the products you buy. The list is endless.There are a few precious restrictions, but not many. For example, healthcare providers must safeguard medical information about you quite carefully. The IRS must protect the confidentiality of your tax returns, and the courts must protect records that have been sealed by a judge. But even then, if by negligence, error or intent any of that information leaks to a third party, there are very few limitations on their ability to share it even more widely, entirely without your consent.This does not mean that such things are entirely without consequences. In certain instances you could initiate a civil lawsuit in an effort to collect damages, but the burden would be on you to prove that the data was legally privileged in the first place, and to prove that their actions were instrumental in causing you harm. But that only applies to a very narrow band of information… almost all of the personal data about you flying back and forth in our digital domains is legally naked.And thus so are you.NOTE: This is NOT legal advice, which can only come from an attorney licensed to practice law in the relevant jurisdiction.
In an absconding case of an employee, what legal actions can an HR person take from the employer point of view in India?
DISCLAIMER: ABSCONDING IS NOT TO BE DONE AND THIS POST IN NO WAY IS HELPING YOU TO TAKE ACTIONS ACCORDINGLY. PLEASE TREAT THIS ONLY AS SOURCE OF INFORMATION AND I AM NOT LIABLE FOR ANY ACTIONS TAKEN HEREWITH.HR cannot sue you or file a court case until and unless you have stolen some information/data or intellectual property which is not to be shared in public domain (remember you signed a contract/bond)Actions can be taken as below:Step 1- HR will try to reach out to you on your phone no.s (cell, landline, family members phone no., any emergency contacts you have shared during joining). This follow up can be done for various durations- days to weeks (normally not more than 2 weeks). Along with this various emails will be sent to you on your personal mail ID. HR will also talk to your friends in office, colleagues etc. (investigation!), you will become a center of gossip in office for few days :PStep 2- In case HR is unable to catch hold of you through any of the above, you will be declared as absconding in company records and your employment will be terminated with immediate effect.Step 3- You will not be provided with any relieving letter/mail, your salary from the date of absconding (depending on where it falls in pay cycle) will not be processed, no full & final settlement will be provided. All your access will be cancelled (including removal of access on your laptop from company server, VPN etc., in case you have taken the laptop with you).Step 4- In case company is using tools like SAP etc, they can share the same information with other companies and you can be blacklisted in market. HR's do share information across industry specially in MNC's. Next company can easily find out your past actions accordingly until and unless you are getting into your own business of course!P.S.- ABSCONDING is highly UNETHICAL and should be avoided, as it causes a lot of pain to the HR team and company who have invested and trusted in you.
Can I open my own private limited company while working in other private limited company as employee.?
A2AThere is nothing that limits you as such in registering a company. You might even want to start with a sole proprietorship (cheapest) and then later on incorporate with a Pvt.Ltd. once you know the full scope of your activities and the degree of liability you have in your business operations. But that is up to you. If you want to start a Pvt. Ltd then do it. However, what you want to do is study your employment contract. Some have terms that allow you to do some side work, or some contracts have also stiff clauses regarding competition that once you leave the company and do work that these clauses might hinder you for the first 6 months or longer. I doubt you have it, but just so you know in case you plan to take clients with you. Also, anything which is not regulated in a contract, standard Indian law applies. So you might want to look up on the internet if there are any peculiars regarding employment in India that we Europeans don't know about.Also, anything in terms of intellectual property and what you learn in the company is owned by your previous employer. So you might want to be careful and keep things separate. Your employer cannot stop what is stored in your brain, but simply the direct use of intellectual property or previous knowledge that could come to a direct disadvantage to your employer from you leaving the company is a sensitive area where you need to be careful. In summary: 1. Yes you can start a company and do whatever you want in your free time. 2. Check for any clauses in your contract. Problem comes only when you do something on company time.As long as you keep everything separate, you should be fine! Once you leave the company, try to do it on good terms by giving them notice and helping them.This is not legal advice! Any additional circumstance or issues that are not clear please consult an indian lawyer in labor law.
Create a personal code of ethics ???
you want to be a lawyer... and you don't know what ethics you want to have for yourself??? !!! No wonder the legal system sux !!! At least provide some sort of starting point that you would like to have... something like Integrity...
What if anything is done to control externalities?
the effect for abandoning negative and positives externalities, are they linked? psps, this is my first time posting on this this forum... can y help me ^^ thx very much
Receiving a written warning from work...by text?
In the United States, there are not very many regulations that dictate the terms of employment, including hiring, firing, and disciplinary actions. Sure, we have "wage and hour" laws dictating minimum wage (and, by the way, breaks, at least in certain states), as well as laws prohibiting discriminatory treatment and retaliatory actions. And of course, there are health and safety rules that apply. But when it comes to the procedures under which an employer terminates an individual employee, whether or not for cause, a company is generally only required to follow its own policies, which are mainly designed to defend itself against a wrongful termination lawsuit. The purpose of final warnings is usually to spell out exactly what changes the employee must make in order to maintain his or her employment. The employer is best protected by a final warning that has a formal context, so there's no question that it is intended to be taken seriously. Ideally, it is best to have the employer formally acknowledge the final warning, e.g. by signing a document to this effect. Yet, email has come to replace virtually all physical paperwork in many companies, so an electronic acknowledgement may be as good as it gets in such companies. A text seems less formal than an email, but it's not clear that this is a distinction that the courts will recognize. You're in a tough spot, especially with regard to reporting any violations (for instance, impermissibly prohibiting you from taking a break, assuming the law in your state requires breaks), you could claim that a subsequent termination was retaliatory. But your employer would be able to use the fact that you had received a final warning as a defense to such a claim. You could also ask HR for the final warning to be in a more formal form, but that is likely to just make things worse. What you want to be clear on is what conditions are attached to the final warning, that is, what does the final warning say you must do to avoid termination, and then make your best effort to abide by those conditions.