Anonymous
29 July 2018 at 14:35
I am a permanent employee of central public sector company. The company follows govt of India rules.
I was granted Ccl for 3 months with permission to leave the country. I had travelled abroad. Post exhaustion of my sanctioned leaves, I had applied for extension of leave. On receipt of non- approval for extension of my leave, (communicated to me after almost 4 months), I was prepared to return to India.
As I was planning to depart, I twisted my knee and suffered severe leg pain and Muscle Tear rendering me unable to take a long duration flight. On being advised to take rest and avoid all journeys by the local physician, I found myself in circumstances beyond my control and had no choice but to stay back. I did apply for medical leave alongwith medical certificate from doctor. I did not receive any response from office.
Despite being on leave without pay, in order to do justice to my position, I have been in constant touch with the Office and have been attending to work through internet and following all the instructions and directions given to me from time to time. I tried to provide all support to the best of my ability to minimize the impact of physical absence from work.
After two months, I received a memo requiring me to submit explaination as to why disciplinary proceedings should not be initiated against me for unauthorized absence from work. I did submit my justification and also further requested them to grant me extra ordinary leave after debuting earned / medical leaves.
No communication / response has been received by me till date regarding the same also.
Unfortunately, since my recovery was not as expected, I had again applied for further leave on medical grounds( along with medical certificate from doctor) as my doctor
Had suggested me to further take rest and refused to give Fitness certificate. I had again requested that extra ordinary leave may be granted .
No response on this also has been received by me.
After 2 months , I have received a Suspension order as disciplinary proceedings/ actions are contemplated for unauthorized absence from work.
In this context, I have a few queries:
1. Is this suspension justified / legal? What should I do - appeal for revocation?
2. Can I be terminated under suspension? (I know they assume that I don�t intend to return and are upset about it) If yes, how and on what grounds? What should I do to avoid it ?
3. What should be my course of action -given the fact I can�t travel back right now ?
4. Can I simply join office when my doctor provides me with Fitment Certificate ?
Anonymous
29 July 2018 at 11:59
Sub: Gratuity - Eligibility Criteria - Clarification - Request - Reg.
Dear Sir,
Your kind attention is invited to the above-cited subject.
I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date. As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. In this hospital, there is no practice of Superannuation age even for freshers. All staff, irrespective of cadre, entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed. Working hours: 9:00 am – 5:30 pm, 6 days a week.
On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 24/07/2018. (Kindly note, till date, neither No Letter of Resignation has been submitted by me nor the HR Dept has insisted submission of resignation). The total uninterrupted working period is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-
17/02/- 31/12/2014 . more than 240 days worked 1st Year
1/01/ - 31/12/2015 more than 240 days worked 2nd year
1/01/ - 31/12/2016 more than 240 days worked 3rd year
1/01/ - 31/12/2017 more than 240 days worked 4th year
Details of number of working days in 2018 5th year
1/01/18 - 23/07/18 . Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days
Notice Period: 2 months.
24/07/2018 to 23/08/2018 31 days
24/08/2018 to 23/09/2018 31 days
Total working days worked in 2018 = 267 days
Leave break up Casual Leave availed : 06 days (1/1/18 to 24/7/2018)
1/1/2018 to 24/07/2018 Earned Leave 09 days (entitled)
Un-availed CLs 15 days
Note: During Notice period, no employee is eligible for availing Leave and same will be treated as Loss of Pay.
Subsequently, the HR Dept has come forward with an option of settling my account against payment of Notice Period Salary (two months 24/7/to 23/09/2018) and advised submission of resignation immediately. On going through the whole of the HR exercise, it seems to be an effort to avoid Gratuity which I am eligible for.
In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and seek your invaluable advice for which act of kindness I shall ever grateful and thankful to you, Sir,
Best regards,
Very truly yours,
Sita.T
Mahesh
26 July 2018 at 12:34
Can a policeman get promotions and other benefits while he under trial before a criminal court for grievous penal offences. Any Supreme Court decisions?
KHS
26 July 2018 at 11:19
Dear Sirs,
Greetings to one and all!
My ex-collegue who is working as Medical Officer in one NGO hospital for the last Four years 7months 7 days. The management has asked to submit resignaton with immediate effect 24/7/2018 in view of the advanced age. Since the Gratuity Act which says that
" For every completed year of service or part thereof in excess of six months, the employees, other than the seasonal employees are entitled to gratuity at the rate of fifteen days’ wages based on the rate of wages last drawn.
Kindly confirm as to whether he is eligible to claim gratuity. Look forward to invaluable support.
Dr. Deepika
Mohammad Sazid Ali
26 July 2018 at 00:48
Sir, I want to start a coaching center, for students up to 12th standard but I am still pursuing B.sc final this year.
Is I qualified enough for the registration of a Coaching center In Uttar Pradesh, District Banda..
Anonymous
25 July 2018 at 11:19
We are in the process of registering our company.
I would like to know, if the salary is 25K per month (for example) what should be the Employer's contribution and what should be the employee's contribution?
If the employee so wishes, can he/she fix his/her contribution at 1800 per month? And can the employer just match that amount?
Pavan Kumar
25 July 2018 at 03:08
We central government employees want to form an association now with an objective just to bring one category of employees under one umbrella and to have meetings , if necessary we want to make this association as trade union in near future. Kindly guide me where to register associations in andhra pradesh. Any web links or contact numbers and requisites in this regard.
Anonymous
25 July 2018 at 01:55
Hi,
I am in probation period and wants to resign from my post as i am not feeling comfortable in company and environment as they have assigned me to very bad support project. As per my offer letter, notice period in my probation period is of 1 month. I am ready to serve 1 month notice period. But my project manager is saying that he has spent huge amount on my background verification. He won't be issuing relieving letter if i will be serving 1 month notice period only. He is threatening me to serve 3 month notice period (after probation period notice period in my company is of 3 month ) otherwise he will do following things:
a) won't issue relieving letter
b) won't issue experience letter
c) give very negative remarks in my further background verification
d) will ensure that i won't get job in any other company by blacklisting me
He is also threatening me that he can change my offer letter terms and conditions increasing notice period in probation period from one month to 3 month as there is below line in my offer letter
"Company reviews its compensation structure and policies from time to time. The compensation structure and benefits offered to you in this offer letter are subject to change and the same will be communicated to you at the time of joining date or at a later date when such change becomes applicable"
Please help me out. I really want to get out from here properly within one month only.
Geeta
24 July 2018 at 19:10
Hi Sir, I was on maternity leave but due to my personal big issues I didn't rejoin. I Informed my company but they didn't tell me anything about serving notice period. Now they want recovery from me for 3 months basic salary amount as it is written in offer letter which I get when I joined before 4 years but maternity policy doesn't contains anything related to notice period.
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Gratuity - clarification - reg
Sub: Gratuity - Eligibility Criteria - Clarification - Request - Reg.
Dear Sirs,
Your kind attention is invited to the above-cited subject.
I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date. As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. In this hospital, there is no practice of Superannuation age even for freshers. All staff, irrespective of cadre, entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed. Working hours: 9:00 am – 5:30 pm, 6 days a week. On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 24/07/2018. (Kindly note, till date, neither No Letter of Resignation has been submitted by me nor the HR Dept has insisted submission of resignation).
The total uninterrupted working period is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-
17/02/ - 31/12/2014 . more than 240 days worked 1st Year
01/01/ - 31/12/2015 more than 240 days worked 2nd year
01/01/ - 31/12/2016 more than 240 days worked 3rd year
01/01/ - 31/12/2017 more than 240 days worked 4th year
Details of number
of working days in 2018 5th year
01/01/18 - 23/07/18 .
Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days
Notice Period: 2 months.
24/07/2018 to 23/08/2018 31 days
24/08/2018 to 23/09/2018 31 days
Total no of days worked
in 2018 = 267 days
-----
Leave break up
Casual Leave availed :
(01/01/18 to 24/07/2018) 06 days
Earned Leave 09 days (entitled)
Un-availed CLs 15 days
Note: During Notice period, no employee is eligible to avail Leave, if so, same will be treated as Loss of Pay.
Subsequently, the HR Dept has come forward with an option of settling my account against payment of Notice Period Salary (two months 24/7/to 23/09/2018) and advised submission of resignation immediately. On going through the whole of the HR exercise, it seems to be an effort to avoid Gratuity which I am eligible for.
In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and seek your invaluable advice for which act of kindness I shall ever grateful and thankful to you,
Best regards,
Very truly yours,
Sita.T