A SRIDHAR
01 April 2017 at 17:06
In cases of some employees of PSUs , gratuity is held up at the time of retirement due to some pending cases with outside agencies like CBI etc.,But it seems SC has held that an employee against whom some criminal or departmental inquiry is pending is entitled to receive gratuity up to the year of committing the offence immediately at the time of retirement and the balance after the proceedings are over and the employee is acquitted - Is it true?
Mukesh Gurjar
29 March 2017 at 22:03
Sir please tell me, if a employee Acquittal in a criminal case I.e. rape because of lady become hostile during trail. The department removed the person. Please tell me if he put a case in High court,,, what will be decision.
Ajaykumar
29 March 2017 at 17:06
Respected Experts, I am working on contractual basis in a power plant nearby Nagpur since 5 years. Now, I wants to switch this job, but whenever I spoke to my company side contractual engagement officer about my experience letter, He straight forward denies saying that you should take it from your contractors, and unfortunately I have only joining letters from my main company and from each contractor under whom I have worked till date, I also have my salary statement of more than 1 years (there is no salary slip as I am getting paid via: Cheque) Please suggest me a legal and genuine way through which I can prove my this long experience during next employment procedure because fearing by this I am not applying to any job confidently. Even I have given them a hint of taking legal action they said me, "You will not at all get anything from us even your salaries and will be terminated" if you even thought about taking legal action. I am very poor and of course its a rich organisation by which i can not fight on financial basis.
BRIJESH L PATEL
29 March 2017 at 12:30
Recently received my PF withdrawal amount, which consisted of employee share & employer share only.....pension fund was not considered for withdrawal. My total service tenure was 8.5 years. Is myself eligible for withdrawal of pension share ?? If yes , pls guide me the procedure for withdrawal of the same.
Susmita
28 March 2017 at 20:11
Hello respected Sir.
I have some queries regarding Provident fund and gratuity claim. Kindly help.
1. I was an employee in a private company worked for 15 years since 1997 to 2015.
2. In the year 2000, the company told me to resign from the said group and joined another branch of said group.
3. I accordingly resigned the company and 3 years P.F and gratuity was given to me and on the next day of resignation appointed me in another branch of said company.
4. They did not opened my P. F account.
5. As i am doing my work properly i was appreciated and in the year 2011 transfered to foreign country.
5.On 2015 they illegally terminated me (foreing country).
6.I fought for PF and gratuity at that court for the year 2011 -2015 and got the amount in lesser amount. Unable to prefer appeal due to financial condition.
Now i want to claim my gratuity and PF amount while i was in India working period.
But the question arose here:-
1. As 2000 to 2011 they have not opened PF account whether i am able to claim PF? If yes, where?
2.Whether Consumer court is also a right forum to claim PF and gratuity?
Harshita
28 March 2017 at 18:40
Hello Experts
I have problem.
One employe who working in IT dept was using pirated software. When the campany found it told HR (me) to send him show cause notice.
I sent show cause notice asking why he used pirated softwar.
He gave no reply for 3 weeks and not caming to work.
Now he sending letter from lawyer and the lawver says that they will reply for him.
I dant understand that this person is still employee in company and all we asked is reply to show cause notice then why is he not replying getting in a lawyer to reply.
He has not resigned we have not terminated him.
What should i do.
Should reply lawyer or send reminder to employee for nat replyaing to shw cause notice.
Thanks
Harshita
shashikant verma
28 March 2017 at 17:23
I worked for a company for around 9 months, and from which I resigned in March-16 from the post of GM-Project. They have sent my F&F statement after resignation but have not paid my 4 months salary/dues despite continuous reminders. They even defaulted on TDS and PF, which were deducted but not deposited. I managed to get them to deposit complete TDS (including for the salary due to me and not paid by them) and partial PF after complaining on Public Grievances portals of Ministry of Revenue and Labour.. However, for the balance salary and pending PF (employers contribution), kindly advise if I should file Summary suit or Winding up notice against the company.
Jatin Shaw
25 March 2017 at 19:01
Respected Experts, I had joined this organisation which is based in New Delhi at their branch in Kolkata in May 2016. They had only given me the offer letter which I duly accepted and had joined but never was provided with an appointment letter and even after requesting many times they did not send the same. The branch was just a godown and all the previous staff had quit but then even I continued and started working. My reporting boss was the CEO of the company based in Delhi. The problem was that the salary credited to us by 20-25 of next month. Which continuously was delayed even after requesting them to pay the salary on time. Later on I got to know this was in practice in the company and even my boss would not listen to me over email, phone or on personal visit and would always reply I will see. Thus not been able to continue with the possibility of delayed salaries I quit in January 2017 on 6 th January. After that I have been requesting them to clear my December month Salary and my travelling and conveyances expenses. But they are avoiding as usual my emails and calls. Please tell me how to recover my dues from them ?
Akhilesh Mankodi
25 March 2017 at 16:23
Sir,
Can the employees working in a company located in SEZ (Gujarat) start trade union, and trade union are allowed enter in the SEZs establishments.
Akhilesh Mankodi from Bharuch Gujarat
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