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Anonymous   08 December 2017 at 19:08

Full and final settlement

Please help me ASAP

I was on probation period and in the third month I resigned and left the same day, didn't serve notice period. I sent a resignation application to them. My manager wanted me to abscond but I thought it would be inappropriate so I did the proper procedure. I had worked till 17th of the month and not taken that months salary yet they are asking me to pay around INR 5000.
Now they have sent me a post regarding the same and have mentioned that if I do not pay within 7 days or else they may initiate legal proceedings for recovery.
According to my joining letter/contract it is mentioned - "In case an employee on probation, a 15 day's notice must be given in writing by the employee. The service of the probationer can be terminated by giving a week's notice without assigning any reason. For notice period details, please refer to the employee separation policy uploaded in MyZone. The service of a confirmed employee can be terminated by giving notice or equivalent salary in lieu of notice"

As mentioned above about employee separation policy I don't have any idea about what it contains. So should I ignore their letter or pay? Can they take legal action on me for just INR5000?
p.s. They have mentioned me as permanent employee in that notice letter but in reality I was on probation

Anonymous   08 December 2017 at 13:27

Immediate termination of contract

How does immediate termination work for a contract?
under immediate termination when is the contract deemed to be terminated?\
If I terminate a contract on 08.12.2017 and send it by post to other party who receives it on 12.08.2017, which date will be deemed as effective as to the termination of contract?
please reply asap

PRABU   08 December 2017 at 02:00

Appointment date wrongly mentioned in salary slip as well re

Sir,
I worked x company from 2nd January. But in HR RECORDS wrongly mentioned joining date as 15th December. But that time am in noticed period from some company. Now, am joined in new company in relieving letter x company mentioned 15th December as an joining date. I am having joining letter copy also am not mentioned joining date. I am frequently sending the mail to zonal and head HR but they are not bothering.
What's the solution it will effect my current company also..
What's the solution thru legally..

Hasim   07 December 2017 at 10:31

Salary through cheque without any statuary deduction.

Hi Expert, I am working for a company based in New Delhi. I am getting the in-hand salary of Rs 18,300 (INR) monthly. I know that it is a mandatory and statutory requirement for each and every organization to issue the salary slip to the employee. The Director-HR of the company is not issuing any salary slip to us whenever tried to contact him he said the salary will be directly credited to your Bank account. When ever i asked him for salary bifurcation he says that its a consolidated salary. Pl suggest what to do. I am facing a hell lot of problem at the interview because i cant produce a salary slip, neither i want to put up a fabricated salary slips in front of the other HR. They give me Salary without any Deduction (ESI/PF).

Pl post your valuable suggestions.








Anonymous   07 December 2017 at 01:37

Issue on resigning from an IT company

Hi,

I have been thinking of resigning from my current company, but during my last appraisal that was approved april 2017 they had mentioned a clause stating that i have to repay the entire appraisal amount recieved, if i leave within an year. Due to this clause I'm unable to resign as i don't have that much money to repay.
Is this something that can be breached.

vipulpatel   05 December 2017 at 16:57

Factory act ( canteen related provision)

To all,
In factory act 1948 there is a provison of Canteen that, if any organisation having labour more then 250 labour the employer must have to provide canteen facility.
I have a question in my mind that if any company having 249 labour why such rule not applicable on it for increasing one labour how it applicable? and if the my organisation having local employee and they never ask for canteen because they bring food which is home made and healthy compare to canteen food so it is necessary to build canteen. please comment on this

chirag patel   05 December 2017 at 16:18

Rule.expedite

my sca. in gujarat high court was admitted on 24.7.17 with the remarks by the honourable justice. Rule. Expedited.

Till date the case has not moved forward. What can i do in this situation. My lawyer has advised that we have to wait till our case comes on board for final hearing.

What else can we do to bring our case on the board on urgent basis.

PLease advice me other options to bring my case on the board early.

thanks

RKP   04 December 2017 at 16:35

Epf withdrawl query

My present EPF account is maintained since October 2010 till date and is some 7 years old.
Within this span the pf amount has been transferred between 3 companies.
My last company I stayed 4 years 8 months and left and now presently not on job since since two months.

I am 38 years old and I want to withdraw my EPF amount but I have some doubt.

Will I be able to withdraw entire(employees and employers part) amount or only the employees part?
Be it employees part or employers part, Will the amount be taxable?

gaurav   04 December 2017 at 08:15

Rule 20 (13) (a) (b) / 28

under Bombay shops ans establishment act 1948 searched online but was not able to get any relevant information. Can someone please say me the source and also a brief definition.

Chavvi   03 December 2017 at 18:07

Employee obligations

After completing my professional qualifications, I gave a number of interviews. One of the company sent me an email containing an offer of employment in the form of a PDF document. In my reply I acknowledged the fact of having received the mail and requested them to change the date of joining as it was incorrect.

Next, I went to their office and executed the Confidentiality Agreement and handed over to them the copies of my ID proofs. I have rendered my services there for seven working days. Despite my repeated requests, they have not provided me any written contract of employment and or offer/appointment letter executed by them/their authorised signatory. So naturally, I have also not signed any of those documents.

Against the general practice of disbursing the salaries at month end, I did not receive my salary.

I got an offer from another organisation. I accepted the offer and I am planning to join them.

I offered to resign from my previous employment because of which I was harassed at the workplace and threatened with dire consequences even though I offered to serve the 15 days notice period required to be served during probation period as per the PDF received on email.

I have decided not to serve the notice period due to the hostile environment, uncertainty of salary payment and unethical behaviour from my previous employer.

I am sure that no written documents except for the confidentiality agreements have been signed by either party in the previous employment.

Can I claim my dues for the period I have rendered my services. What is the legal recourse available to me? Can you please inform me about the legal consequences I may have to face.
Thanks for your valuable suggestions


EDITS :

I don't know if it is a long and very expensive route to recover my rightful dues.

My real problem is that I was threatened with dire consequences when I expressed my intention to leave and I am not aware what actions they can take against me.

It is an IT company and I am a finance,accounts and tax expert and my position in the organisation was that of a fresher.