Charles
21 May 2018 at 16:56
Hello All,
I've recently resigned from my organization. My DOJ was 24-DEC-2012 and DOL will be 13-JUL-2018.
This translates to 5 years 6 Months and 19 Days of service.
Since this exceeds 6 months of services, will this be considered as 6 years, or will this be considered as 5 years, for gratuity calculations ?
Regards,
Charles
Mohan Saxena
21 May 2018 at 09:12
Dear Expert,
In the month of Oct 2017 I have joind a Company as Assistant Manager. In the month of November 2017 due to some medical problems, I have been hospitalized for 4 days due to which I have not attended the office. The Company has allowed me Medical leaves during said period of absence as per my appointment rules.
Thereafter regular medical problems with my family i.e. twice hospitalization of my spouse during Feb to March 2017 and recent hospitalization of my son last month I have not attended the office for some day.
Now since 18/05/2018 I am suffering from high fever and requested the company to grant me leave.
In response to my leave application the HR Manager of the Company has issued a notice of termination of my service from the Company through email. The content of the email is as here under :-
Mr. XXXXX,
We regretfully inform you that after a serious discussions, Management has taken the decision to dismiss your services with “Company Name”, due to the constant lack of performance shown by you in day to day assigned tasks, also on disciplinary grounds such as taking frequent leaves without approval that's when your department is going through such a crucial process (Implementation of Software) where we needed your support the most.
We have been constantly monitoring your actions and we found no trace of the slightest improvement in your performance. Thus keeping the company`s losses incurred due to your lack of performance recently, we have decided to release you from your services with this notice with effect from today you are on notice and your last working day will be 31st May 2018.
On same day my response to that notice of termination was as hereunder :-
This is to inform you that I am having high fever since last night because of which I have requested for a leave for today. A copy of doctor's prescription is enclosed herewith for your ready reference.
As far as taking excess leaves are concern, I have taken leaves only at a time of necessity i.e. my own hospitalization immediately after joining “Company Name”, Twice hospitalization of my spouse and recent hospitalization of my elder son last month. I can not ignore such circumstances due to certain personal factors. All documentary requirements related to this can be provided to this if required by you.
As far as my performance is concern, I hv devoted my full official timings for the better of “Company Name” as during the first 2 months of my joining I have brought down the TDS demands which were due from 2007-08 of Rs. XXXXX.XX to Rs. XXXXX.XX.
I have been assigned certain tasks which were not meant for a person with accounting profile like Provident Fund/ESIC compliances which pertains to HR Department of a Company. How can you expect performance from a person not having much experience about it.
In view of this, It is better that I may kindly be relieved from my duties with immediate effects and settle my accounts in full and issue me a releving letter.
Dear Expert,
Please advise me :-
a) How can a employer expect pre-approval of absence from work on medical leaves.
b) Is it appropriate for management to use inappropriate words like a) Puri Family hi Mareej Hai Kya. b) Tumhe TB to nahi hai kya, provide us your chest x-ray report.
c) How they can held me responsible for losses due to non Implementation of Software when no task related to his assigned to me.
d) What action they can take against me in case I want immediate releasing from employment as I am not satisfied with the contents of Notice of Termination sent to me through email as I am really disturbed to this.
Thanking you.
Mohan Saxena
lakshmi
20 May 2018 at 16:38
Hi I worked for a company as Associate Buisness manger for 2 years due to my fMily situation and transfer we had to relocate. I hade served my notice period period of 2 months and extra 15 days of their request. Then i requested them formy reliving letter and final settlement they are asking me to work from home. I told them tat i am not interested anymore. It has been 6 months i have been literally begging for my rwleiving letter. and salary for the last month i worked. They are not responding. Now they are coming up new things that i need to submit some. documents. I am really in financial crisis and being women i am bread winner at home. I am unable to apply to any company. I coudnt resist thats why i am posting here
Please help me
Mohan Saxena
20 May 2018 at 08:26
Dear Expert,
In the month of Oct 2017 I have joind a Company as Assistant Manager on 6 months of probation. In the month of November 2017 due to some medical problems, I have been hospitalized for 4 days due to which I have not attended the office. The Company has allowed me Medical leaves during said period of absence as per my appointment rules.
Thereafter regular medical problems with my family i.e. twice hospitalization of my spouse during Feb to March 2017 and recent hospitalization of my son last month I have not attended the office for some day.
Now since 18/05/2018 I am suffering from high fever and requested the company to grant me leave.
In response to my leave application the HR Manager of the Company has issued a notice of termination of my service from the Company through email. The content of the email is as hereunder :-
Mr. XXXXX,
We regretfully inform you that after a serious discussions, Management has taken the decision to dismiss your services with “Company Name”, due to the constant lack of performance shown by you in day to day assigned tasks, also on disciplinary grounds such as taking frequent leaves without approval that's when your department is going through such a crucial process (Implementation of Software) where we needed your support the most.
We have been constantly monitoring your actions and we found no trace of the slightest improvement in your performance. Thus keeping the company`s losses incurred due to your lack of performance recently, we have decided to release you from your services with this notice with effect from today you are on notice and your last working day will be 31st May 2018.
On same day my response to that notice of termination was as hereunder :-
This is to inform you that I am having high fever since last night because of which I have requested for a leave for today. A copy of doctor's prescription is enclosed herewith for your ready reference.
As far as taking excess leaves are concern, I have taken leaves only at a time of necessity i.e. my own hospitalisation immediately after joining “Company Name”, Twice hospitalisation of my spouse and recent hospitalisation of my elder son last month. I can not ignore such circumstances due to certain personal factors. All documentary requirements related to this can be provided to this if required by you.
As far as my performance is concern, I hv devoted my full official timings for the better of “Company Name” as during the first 2 months of my joining I have brought down the TDS demands which were due from 2007-08 of Rs. XXXXX.XX to Rs. XXXXX.XX.
I have been assigned certain tasks which were not meant for a person with accounting profile like Provident Fund/ESIC compliances which pertains to HR Department of a Company. How can you expect performance from a person not having much experience about it.
In view of this, It is better that I may kindly be relieved from my duties with immediate effects and settle my accounts in full and issue me a releving letter.
Dear Expert,
Please advise me :-
a) How can a employer expect pre-approval of absence from work on medical grounds.
b) Is it appropriate for management to use inappropriate words like a) Puri Family hi Mareej Hai Kya. b) Tumhe TB to nahi hai kya, provide us your chest x-ray report.
c) How they can they held me responsible for losses due to non Implementation of Software when no task related to his assigned to me.
d) They expect staff to work beyond office timing. which is not possible for me due to long communing hours.
e) What action they can take against me in case I want immediate releasing from employment as I am not satisfied with the contents of Notice of Termination sent to me through email as I am really disturbed to this.
ALSO PLEASE ADVISE WHAT DO I DO AS I AM NO MORE INTERESTED TO VISIT THAT COMPANY.
Thanking you.
Abhishek Anand
19 May 2018 at 14:21
If a women in prison due to her personal life problems during her government Service suspension period then can she make attendance by presenting jailer approval?
sriram
19 May 2018 at 13:01
I JOINED IN A ENGINEERING COLLEGE AS ASSISTANT PROFESSOR. I FEEL THAT I WANT TO RESIGN THE JOB. I AM IN PROBATION OF ONE YEAR. I APPROACHED MY HEAD FOR RESIGNATION BUT HE REFUSED AND TOLD ME TO TALK WITH SENIOR PERSON IN THE COLLEGE. WHILE JOINING THEY ASKED ME THE COMMITMENT IN THAT THEY HAVE WRITTEN AS 5 YEARS COMMITMENT TO WORK. PLEASE GUIDE ME HOW CAN I RESIGN FROM MY CURRENT JOB.
Anonymous
18 May 2018 at 19:24
I am currently working in Department of Post as postal assistant and i have qualified for interview after clearing tier-1 and tier-2 in another Central government department. I had intimated my department about applying for the new post after tier-1 only. Now, for interview NOC is mandatory and in my office i am denied for the same citing reasons that:
1. I had delayed my intimation. Only intimated that after tier-1
2. I may pursue them to grant me technical resignation if i avail NOC
3. There is no provision of granting NOC itself in Postal department.
I need immediate help and guidance as my interview is very near, also I don't wish to apply for technical resignation on the event of my new appointment and i am ready to convey the same to my office. How should i pursue the matter to avail NOC.
Anonymous
17 May 2018 at 02:09
Sirs,
I am a regular employee and working in PSU and had applied online for Deputation post to Statutory Body (Established under the Act of Parliament) under the same Ministry and submit Advance copies of the printed application along with all necessary documents within due date. On the same day I have applied to my Employer for submission my application through proper channel. Our Employer with his discretionary power has not forwarded my application reason " Due to acute shortage of manpower, services of ...............(me) cannot be spared at this stage. A regular official is need to be there. The proposal, therefore cannot be acceded to.". Now the employer is under process DPC for My Promotion. After continuous services of last eight years no promotion has been offered to me (MY ACR in last 5 years is 'VERY GOOD') though two promotion has already been due as per time bound promotion policy of the Company.
My pathetic situation is that One site, Our Administrative Ministry has already been decided to closure of the Company (Pending Cabinet approval), other side employer is not ready to release me as my requirement is very much there. My present age is 49 and where I had applied the age 49 is the maximum limit i.e., this is my last opportunity to apply. I never applied before to any other organization. My present Organization is unable to pay Salary also. I had relocated in Delhi from Other State and family is still staying in my origin state. Both Family Maintenance in my origin state and staying myself in Delhi is huge cost involvement which is beyond my capacity without getting salary in time. If Company goes/runs in normal condition I have no issue. But Company's Situation is different now.
My question is
1. If Corporation is Closed (As already decided but pending final approval), can my employer will take any responsibility or give any guarantee for my settlement to other Department/PSU of the same Ministry? As per my knowledge, there is no provision in case of closure. If not, what I will do?
2. Who will be held responsible for losing my job opportunity/Career for non forwarding my application through proper channel? Is is not my fundamental right under constitution? Can it be applied Article 21 of the Constitution of India?
3. If they offer promotion as per Time bound promotion policy, still do I have an option for applied to other Organization?.and in that case again if my application is not forwarded, what I will do?
4. Suppose, I accept this now, can I go to legal forum for Justice at any time after that? Is it any bar under limitation Act.?
5. Any other valuable suggestion please.
Please guide me.
manoj
16 May 2018 at 20:58
Hi case- Due to Employer Illegal Layoff by software company in year 2013 in Hyderabad, One Employee who work for 3 years in that company file case in labor court against Company, And got Judgement in his favor in year 2016 (Award declared in Judge order = 4 year salary 32Lac + Reinstatement of Job) . But company did not accept Labour court order and file appeal in High Court HC ask to pay 50% of Award i.e.Rs 16L and company deposited that Amount in Court Can some one guide me company liability to deposit TDS on that amount, 16L as Company Has deposited amount (which was nothing but Salary due x 50%)
Or any other advice to comply
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Coversion from cpf to gpf
Dear Sir/Madam,
we a group joined in 1992 to an Autonomous body as clerical staff and the option was given was CPF. As the seniors advised us that we can convert from CPF to GPF and can not convert from GPF later. So, we all gave CPF option. After that we did not had any communication regarding conversion. After 2000 we came to know that a circular was issued in 1998 as final option from CPF to GPF which we have not received.
When we enquirerd with the administration, it was informed that final option given but you have not opted, so you should retire with CPF only. Where as in 2004 a group of scientific staff was given option to convert and they have been converted.
We came to know through sources that there is no option of CPF after 1988. But we are given option when we joined. Is it correct?
Now we are requesting the mangement to give us one time chance to convert from CPF to GPF. where as management inform us it will become national issue, if a chance is given.
Kindly let us know whether we are eligible for GPF as we joined before 2004 though the option was given CPF. Or kindly let us know whether any other Autonomous body have changed after 1998.