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Employement letter

(Querist) 25 November 2015 This query is : Resolved 
sir.

i have been appointed to PSU as admin trinee, training period was one year as per the terms of appointment letter, company has extened my tarining period illegaly against the appointment letter terms and rules of the company. now i have been confirmed in that post. now i have filed request to remiburse the extenend period benefits including increment. if company refused to pay i want to go court of law/labour authorities.

my question is. during the extend period i was entitled for incrment, conveyance reimbursment, leave benfits, incentives. can i raise th edispute in one application or should i file seperatley for any of the above.

tahnking you
santosh
Kumar Doab (Expert) 25 November 2015
You may first exhaust the internal remedies available to yo e.g. good offices of appointing authority,CMD etc..........


You may write to good offices under proper acknowledgment and apply your skills to get it resolved in your favor.


If there are employee's unions/IC/Works Committee/Director from employee's side etc you can seek their support and guidance.


First of all re satisfy yourself that the extension was illegal, against the provision reduced in writing in appointment letter, service rules and regulations/service conditions etc.



If it was indeed illegal then you should have been confirmed upon completion of 1year from date of appointment/joining.


If you have been confirmed upon completion of 1year from date of appointment/joining, then within reasonable time all applicable benefits should have been paid.


Were you confirmed upon completion of 1year from date of appointment/joining?



If the applicable benefits are denied by internal redressal mechanism then you can approach the forum as per coverage of your designation and nature of duties e.g. Labor Court, CAT, Civil Court etc
Rajendra K Goyal (Expert) 26 November 2015
Agree with the expert Kumar Doab.
raghavendra (Querist) 26 November 2015
i have given allpication to HR narrating the stipulation in my appointment letter.

thank you sir.
Kumar Doab (Expert) 26 November 2015
If the T&C or stipulations inserted in appointment letter issued to you were not implemented then it is gross failure of good offices and HR as well.


You may see if HR attempts to undo the wrongs.


Majority of the employees are wary of approaching and escalating to good offices.


If published version of internal mechanism narrates that such matter should be addressed to HR then it is fine otherwise why to waste time and trouble the employee that is not designated to handle such matter.



If HR maintains studied silence or resorts to verbal communications that are off the record then it is upto you to build irrefutable written record under proper acknowledgment. If the need be escalate to good offices.


HR has to mind his/her job , his/her interest in his/her employment, and directions of his/her masters.

Handling such matters and bosses is skill that can be acquired like any other skill.


Remain gentle and amiable.


Employee should retain access to good counsels.


If you are unable to handle the matter on your own you may consult employee's unions/Trade Unions/IC/Works Committee/Director from employee's side etc and also an able labor Law Consultant.


raghavendra (Querist) 26 November 2015
i am waiting for HR reply, if hr not corrected i will write to DHR
K.S.Srinivas (Expert) 03 December 2015
Agreed with Sri Kumar Doab.
T. Kalaiselvan, Advocate (Expert) 04 December 2015
You may follow the advises of expert Mr. Kumar Doab which will fetch you desired relief.


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