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john   14 March 2008 at 19:04

Needs clarification towards my prior experience

Respected Sir,
This is john here. I'm a software engineer. Last year i joined a reputed MNC name as "x".But i was there only for one month.I got a good offer from another leading MNC "y".So i joined the new organization"y".In my previous organization "x" i applied for 1 month of sick leave. It's got approved. After 1 month i called to HR & inform them that i need 2 more months leave. The HR asked me to fax the medical certificate. But i did not send & put down my resignation letter to the company "x". After 2 months i got a call from 3 rd party that they are conducting exit interview on behalf of company "x" for those are not gone through normal exit process.The exit interview was telephonic. After that i did not receive any call.The company did not send any letter . When i joined company "x", i submitted my prior experience letter. Now i joined new organization. My concern is that does the company "x" will inform to my prior company. I did not show any experience of company "x". Concern is only for my previous organization.From my previous organization i got proper releiving letter.does it create problem i reference check . Please clarrify it.
Thanks
John

SAM KOSHY   13 March 2008 at 16:57

Compensation, gratuity


One pvt Ltd company with about 3000 workers closed during the year 1984. So many cases are pending in High Courts with the mgmt on the first part & state govt. on the other part. So many other cases are proceeding in the Mumbai high court also. Everybody Know there is no chance to open the company again. Actually the company is closed during financial liablities and employee strike.

Cases are running & pending since 1984 ( Around 25 years).

As a poor employee what can I do under this situation for my gratuity and other benefits.I have 17 years service with the company.

When an employee approach a lower or high court at last the judge's judgement will be like this '' the case is already in the consideration of high court''.

In India If you put around 10 cases againist one case nothing will be going to be happen for the next 25 years. is it true.

If a state govt also included in the case then what the employee will do ?

S,K,



debashisroy01   13 March 2008 at 14:51

Industrial Employment Act - 1946 - Standing Orders

Dear Experts,

As per the Industrial Employment Act (Standing Orders) 1946, what I have known is that it is applicable to all establishments wherein 100 or more workmen are employed or were employed on any day during the preceeding 12 months.
I have seen this act for the states of Punjab, Delhi.
I would like to know from our experts here, that whether the state of haryana has ammended this act, which makes it applicable to establishments with 50 or more workers employed in the organization.

Your immediate responses would be highly appreciated.

Thanking you in advance.

Regards
Debashis Roy

S. Krishnamoorthy   13 March 2008 at 08:44

ESI contribution - Trainees -

Can any one let me know whether there are any legal verdicts to treat "trainees" as "employees" within the meaning of ESI Act?
The Supreme Court of India has held that under the model standing orders, apprentices are "trainees" and they are not "employees".
S. Krishnamoorthy

reshmi nijith   12 March 2008 at 19:55

Casual leave/Sick Leave

Is Casual Leave and Sick leave compulsory for a US based small BPO in Kerala?

Aakash   12 March 2008 at 16:24

Termination of services without adequate reasons & non-payment of salary as per offer letter

Hello Sir,

I worked with a financial firm from Nov 2007 to Feb 2008. The co. terminated my services without giving any prior notice or warning to me either in writing and verbal. I asked for the reasons, but they unable to justify any reasons of my termination.

Along with that, the co. is not offering me experience letter, along with my dues of two months salary as mentioned in the offer letter, after giving 3 reminders.

Can you please help me out, how shall i proceed further. I would like to take serious action against the co.

Abhimanyu Soni   12 March 2008 at 10:20

Employees' State Insurance Act

My query is still not resolved fully.

Query:

What is the remedy when an employer has deposited the employer's contribution to ESIC since ESI Act became applicable but have neither deposited nor deducted the employees' contribution from their wages.

We know that this is a fault on our part but there must be some remedy.
Please help.

Thanks and regards
Abhimanyu Soni

Siva Rama Krishna   11 March 2008 at 15:24

Regarding Bonus Payment

I worked for a software company. While joining they mentioned that my bonus component is based on three factors.
1) Performance of the Company
2) My individual Performance
3) Duration of my stay during the year with the company.
I worked with that company for 7 months and I quit. Now they are not ready to pay me the bonus. They distributed the bonus to all other employees after I quit. As I am not on the payroll at the time of disbursement of bonus, they did not want to pay me. But it was not mentioned in the offer letter given to me. I sent a legal notice to them and they replied me stating that as per XXX act, I am not eligible for bonus as my salary is above statutory limit. If that is the case, they should not have mentioned the bonus component in my ofer. Please guide me on how to approach further.

saimathy   11 March 2008 at 12:46

Provident fund compliances

How to comply with provident fund schemes in construction company when workers in construction site keep on changing day by day

lakshmi   11 March 2008 at 10:31

Unfair Labour Practices

Hallo,

How can the Unfair labour practices on the part of the employers be CURBED?
Kindly give some suggestions.

Thankyou,,,



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