Anonymous
01 November 2009 at 20:21
Dear Hon. Experts,
Mr.X resigns from a Public Ltd company intimating it thru an email on 19th Sept 09.He also marks a copy to his HR head.The company acknowledgs the same, but not in writing.Mr X Joins a new company on 22nd of Sept. 09.Pl advise on follow:
1)Is mr X liable to pay one month salary/ or one month notice period before leaving?
2)His 21 days salary for Sept is already there with the company, hence as per work contract one month basic salary can be adjusted from these?
3)Is Mr X entitled for his Sept. 09 balance salary,Previleage leave encashments, Diwali Bonus,PF and Gratuity (for five and half years work tenure)?
4)Out of grievances the previous employer gives a public notice for mr X eight days afer his resignation, that he has been terminated from the service for fraud. Now if mr x is terminated as per the notice will he be liable for one month notice pay?
5)How can mr X claim for the dues.How can labour law solve these queries?
Please advise.
Part Two:
Dear Experts,
Thanks for for 1st hand information.Furter please note that mr. X had worked in the company for 5 and half years, where he was never given a single memo for anything related to work, sales performance, Account's & recovery, etc. Things popped up only after the resignation. The company's malafied intentions came on surface and they published a notice in the newspaper against mr. X defaming him of fraud, cheating misappropriation etc.Out of sheer vengience,their intention was to keep mr X away from he joining the new company.Where as Mr X Joined the new company two days after his resign.If at all his resignation was not accepted they should have sent letter of intimation to his permanent address?.Hence, it is a clear cut matter of harrasment?
Anonymous
31 October 2009 at 13:44
Hi,
One of the Ltd. Company director retire from the post on personal ground. What legal benifit made his full and final settlement.
Thanks
(A.K.Roy)
shubh chandrika
31 October 2009 at 11:49
Dear Experts,
I am not able to find the following cases in the records, kindly help...:
Virender Singh Vs. Haryana Tourism Cop Ltd.
2005 (3) RSJ 381 (FB)
Chairman/MD Mahanadi Coalfiled Ltd. & others versus Sashaib bahera & others 2005 (1) RSJ 615 (SC)
Please check if their citations are correct and suggest me more cases on the following topic:
An Apprentice cannot claim for regularisation of employment
SANKARAN.G.
31 October 2009 at 08:20
My friend retired recently(Govt.Company) and his PF was withheld for no reasons and subsequently they have arbitrarily adjusted some amount as dues(even though it is due by the person). My question is whether such deduction can be made when it can be adjusted in other payments like gratuity or leave encashment. What action can be taken against such person(Departmentally/Outside).
Anonymous
31 October 2009 at 08:07
My friend retired recently(Govt.Company) and his PF was withheld for no reasons and subsequently they have arbitrarily adjusted some amount as dues(even though it is due by the person). My question is whether such deduction can be made when it can be adjusted in other payments like gratuity or leave encashment. What action can be taken against such person(Departmentally/Outside).
Anonymous
28 October 2009 at 21:44
Situation: Can an employee* (high end pay bracket) opt not to have PF deductions? Or in other words does the employer has the flexibility to devise pay packages for employees without PF contribution.
*The employees are in a pay bracket of around 20 lakhs and above
shubh chandrika
28 October 2009 at 15:15
dear experts,
kindly provide me with Supreme Court and High Court Judgments on the following topic:
(1) apprentices cannot claim for regularization of employment.
shubh chandrika
28 October 2009 at 15:11
dear experts,
kindly provide me with Supreme Court and High Court Judgments on the following topic:
(1) apprentices cannot claim for regularization of employment.
shubh chandrika
28 October 2009 at 11:31
Dear Experts,
(a) What is the maximum period of apprenticeship with a factory? Can the period of apprenticeship be extended to 4 years? if yes, then can the apprentices claim to be employees of that factory after working continuously for 240 days upto 4 years?
(b) If apprentices are working in a factory continuously for 240 days, will they be deemed as employees of that factory? can the apprentices claim to be employees of that factory?
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Inspection under ESI
Dear friends,
Is inspection under ESI Regulations is mandatory or the ESIC conducts it own its own sweat will.
We have last inspection under ESI done upto March 2004, after that no one has approached us from ESIC. should we contact them or wait for them to do inspection their own.
What are the main isues where there may arise additional liability.
Pls provide your inputs.
Regards
P.C. Joshi