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Anonymous   18 July 2022 at 14:07

Need clarification on notice period clause

We have following clause mentioned in offer letter for RSUs or bonus:

"For purposes of this document, Participant's employment or service will be considered terminated as of the date Participant is no longer actively providing services to the Company or its Affiliates Unless otherwise determined by the Company or as set forth in a written agreement between Participant and the Company, Participant's right to vest in the Plan will terminate as of the Termination Date.

The Termination Date will not be extended by any notice period (e.g., Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment or other laws in the jurisdiction where Participant is employed or otherwise rendering services or the terms of Participant's employment or service agreement or other employment or offer letter (if any)."

Now the confusion is if the employee is getting RSU vested during notice period or about to get bonus during notice period then as per this clause can he get the bonus or will the RSU vest? we are confused with following particular statement:
"Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment or other laws in the jurisdiction

Now suppose employee is having 2 months notice period and he is supposed to get bonus in 2nd month of notice period what will happen as per the above clause? will he lose the bonus/RUSs? or he will get it as normal?

Thansks,

Vijay Dattatraya   02 June 2022 at 02:02

Employer asking me to resign without notice

Respected Sir/ Ma'am, Senior is asking me to resign for the breach of code of conduct because as per him i have manipulated the data and mispresented ...Actualy all these are false allegations. He is asking me to resign ..I asked for the termination but he is not doing it.
While reporting to office ,office security and other staff is not allowing me to work..

Please suggest , what can be done ?

Regards
Vijay

Jayanta Bandyopadhyay   05 September 2021 at 07:42

Decoupling ld, credit note in letter of credit

One foreign supplier accepts liquidated damage clause in PO but not in LC. Does ucp, fema, banking regulation permit exclusion of such arrangement from lc and settlement outside lc
Please guide
Jayanta Bandyopadhysy
5.9.21

Rana Amarjit Singh   05 September 2021 at 07:11

Validiation if sale deed

Sir
A person was authorized by board resolution of Pvt, Ltd. Company having real estate business to execute any documents regarding sale of a partucular plot. That person entered into sale agreement with other person, recived consideration on behalf of company and issued special power of attorney to that person. The person to whom power of attorney was issued executed a sale deed and consideration received was squared off against amount already paid to company. Now please determine if sale deed is valid. If invalid then can it be validiated by adopting through board resolution.

CA Vivek Kasat   29 May 2020 at 01:58

Signing of financial statements under companies act 2013

This question dates back to the year 2015.

A PVT ltd company has 3 directors of which 2 are staying outside of India (non resident) at one place and 1 is staying in India. It has also appointed a full time Company Secretary.

On 25th September 2015, Company realised that Financials are to be signed and none of the non-resident directors could travel to India and vice-versa.

So, what various options are available to comply with the provisions of section 134 related to signing of Financial Statements by the Company? Also plz give a very practical view i.e. where back dated paper work can also be prepared on this 25th September 2015.

Anonymous   30 January 2019 at 08:36

Can "apartment" or "society" can b a part of the name of aop

Hi Everyone,
1) I want to form one AOP for opening bank account and maintaining society maintenance expenses track. So i just wanted to know whether I can use word "Apartment" or "Society" in the name of AOP.
For Example ; ABC Apartment Association or ABC Society Association
2) Also is it compulsory to use the word Association in the name of the AOP.
For Example : ABC Apartment (AOP) or ABC Society (AOP)

As per the Co-operative Societies Act we can not use the word "Co-operative", is it right?

Anonymous   28 September 2018 at 18:29

Query related to early release

I am working with Delhi based company however I am deployed with one of their client in Gurgaon,
During joining my payroll company provided me appointment letter with below details

"Probation: Initially the appointment shall be for a probationary period of 3 months. Thereafter, if your services are found satisfactory, you shall be issued a letter of confirmation. Your probationary period can also be extended at the discretion of the company.During the probation period either the company can terminate the appointment or you by giving 15 days notice
Termination: a:) On confirmation of your services you may terminate this appointment by giving 90 days notice in writing. No adjustment to be made in lieu of notice period at the time of exit."

As of now they have not given me any confirmation letter that I am now their confirmed resource neither any letter that my probation period has been extended.
I am having some personal issues and will not be able to work longer in Gurrgaon and wanted to quit the organisation.
I have put down my resignation and asked for early release, Now they are forcing me to serve 90 days.
Though I have not received or signed signed any confirmation letter that say I am bound to serve 90 days notice period.
I tried for all negotiation already served 30 days notice period hoping for smooth exit but they are not agree to provide me any early date.
Please let me know any solutions.

Regards,
Ravi Singh

In Need of Help   24 September 2018 at 05:06

Procedure and possibility to debit freeze joint account

Procedure and possibility to debit freeze joint savings account

Kindly guide me as to how to debit freeze joint savings account.

It is joint account with 7 members of a family and can only 1 member request the bank to debit freeze account?

The joint account is misused with unauthorized withdrawal and transfers to other single account with no accountability by 2 members out of 7 and the rest 5 are unaware of it. The funds belongs to say 1st member but siphoned out by the 6th member and 7th member.

Requested Bank but not cooperating stating

Quote

"The account Mode of operation is with survivorship clause, we cannot block account on instructions of one of the holders."

Unquote

Is there any regulation or rule available issued by Reserve Bank of India which can be presented to bank for getting the debit freeze.

Thank you for your help.
Milcheal

Anonymous   18 September 2018 at 23:08

Mentally Harassed By Employer

Dear Sir/ Mam,

This issue is regards to my wife who was mentally harassed by employer and would seek guidance for the problem.

My wife was working with X company from last 9 months and suddenly her boss (Company Director) told her that your salary has been kept on hold and you are on probation and she being tensed thought to resign and she left the job in next 7 days.

She didn't received her F&F after following up for more than 2 months and her boss blocked her on WhatsApp and messages. After calling from multiple numbers , finally she asked to come office and gave commitment of paying salary next day but she didn't paid and after I jumped in between and finally after long follow up she paid the same after 1 month.

But angrily my wife wrote a message to her about her unprofessional behaviour and using few personal comment.

She immediately received a message from her Boss husband saying that he will send a legal notice on her name and now she is so much tensed.

I would need you advice and way ahead to get rid of this problem, even knowing my wife was somehow right . Pls help!

Regards,
Sourav Taneja

Aniket Buddhe   03 September 2018 at 10:05

Reagarding Serving Notice Period

I joined a private company in kolhapur ok 1 june 2017 as a Trainee Engineer.I was also given appointment letter as a Trainee Engineer.The stipend was 10,000/- and also it had clause that the job will terminate as soon as 1year of trainee period is concluded and had no mention of notice period.Also it had clause that i wont have any right over permanent job in company.Now the compay has sent me letter stating that i will have to serve notice period for one month and approve the resignation letter.Also My trainee period ended in 1 july 2018 since then neither the company offereed me any other offer letter nor any post nor did my salary incresed so i left job on 14 august 2018 and went there till 19 august so as to give my responsibility.But am i to give one month legal notice period to company?