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Anonymous   07 April 2016 at 00:39

Implementation of Non-Compete Clause

Hi,
I joined my current organisation in Dec 2008. The joining letter I signed at that time did not have the Non Compete clause.
In past few months many employees including people from top management joined a competitor and they were not bound by that clause because it was never rolled out.

All of a sudden we received an email stating that with immediate effect i.e from 1st of the month non compete clause is implemented and it has been agreed that existing employees cannot join list of competitors for period of 1 year post termination of job due to any reason, else, the employee will be penalised appropriately.

My query is

1. Does any such clause exists, if so, can it be implemented without consent of employees and can it be directly imposed upon them. I.e. without signing any docs?
2. Are outsourced companies or BPO/KPOs bound to this law?
3. Can a employer penalise employee without signing any non compete related doc?
4. How do I tackle the issue?

Looking forward to get proper guidance on my queru.

Senthil K Nallasamy   06 April 2016 at 19:23

Dearness allowance and its calculation

For example, our Private Sector company was giving Basic (Rs. 3000) and DA (Rs. 3000) to the employee and there were only two components. We were paying the PF for the combined amount (BAsic + DA).

Now, in this financial year, I would like to revise this structure.


1. Is it possible to take away the DA completely and call it Special allowance? This means that my PF amount will be lowered. Is this accepted by law?


2. Is there a minimum hike year on year to the Basic as well as DA anywhere stipulated by Factories act or any other law?


3. For the new employees joining, can I get rid of DA? This means that the current and new employees will be on different structure. Is this fine?

raghavendra   06 April 2016 at 18:42

Pg

sir

please someone suggest me under what act paying guest bussiness should be registered leagaly, to pay tax and obtian loan from bank etc.


thanks

V.N.K. MENON   06 April 2016 at 13:23

Gratuity

a settlement has been arrived at between employer and employee for final settlement of industrial dispute. Since gratuity is protectedby statute, can it be contracted away by such a settlement; if it cannot be contracted away can he claim gratuity in such an event.

Shall appreciate valuable views of experts.

Ansa   05 April 2016 at 21:18

Gratuity

Hi Experts,

I am working in a MNC from 22 june 2011. Now i am planning to quit the job. I read like to get gratuity i need 4 yrs 240 days continuous service. But in between i took LOA for 3 months , specifically from dec 15 to march 16. Does this LOA will affect the eligibility for gratuity?

Thank you

anand1028   05 April 2016 at 12:08

Fake certificate for government posting

i have applied for a government posting in which essential qualification is B.Sc agri and 3 yrs work experience. one of my junior have got the post and i was placed in waiting list. my junior was completed b.sc in 2010 and did MBA in regular for the period of 2011-12, he applied for the job with his experience letter from two companies stating one with full time work experience(2 Yrs) and part time work experience ( 1.3 yrs). i filed case against him in madras high court and still pending. almost 2 yrs gone. what can i do now? my question is part time work exp is equal to full time work exp? how is it possible to work on part time from Chennai to Coimbatore (350kms distance)? what will be the judgement?

ravindran   05 April 2016 at 11:40

Pending cases and govt. job

Hello sir/madam,
kindly look through my case and provide some genuine advise/guidance. I was preparing for the civil services examination in delhi, in the mean time my girl friend has lodged a FIR against me by making a complaint that on the pretext of marriage........... etc. etc...... and i have been sent to JC. after some period I got bail but this lady is very desperate to take vengeance. She along with her husband make filmsy story and lodged another FIR against me u/s 326A. however luckily i was not present there and I was not arrested.
After some ups and down i started preparing once again bt this time for other examination also and finally qualified in the exam (banking). I also revealed that there is pending FIRs against me. I was finally allotted a bank. Now the problem is that they withhold my appointment on that basis. i further wrote a mail to HRD, made call to the dept. but they have not replied despite my several representation with the bank. lastly i filed writ in the high court. The Hon'ble court has directed the bank to dispose the matter within the time frame. Bank has finally sent me a letter(oct 15) stating that due to serious allegation levelled against you, bank has decided to cancel your candidature. Since then i am struggling through day and night, suffering mental agony with the passage of time. I am also very confused now. I can not maintain the same rhythm and focus in preparation. I want to ask here that is there any scope to regain my employment. Can a pending criminal cases become hinderance to my career? Kindly suggest the legal remedies available, if any as it was my last chance for the exam as I am over aged now. Also, above mention FIRs are in trial stage since last two years and charge has not framed yet. Kindly guide me a genuine solution.

prabhu kanth   04 April 2016 at 22:25

Seniority

Dear Sir,
I am employed with ISRO as an Assistant since 15 Jul 2013. Further, I have been transferred from ISRO Satellite Centre to ADRIN with effect from 01 Jun 2015. ADRIN is another wing of ISRO/DOS. ADRIN has 3 Senior assistant vacancies. The residency period from Assistant to Senior Assistant is 4 years. On the other hand I have been placed under two Assistants of ADRIN who have been directly recruited. One of them has been appointed in Dec 2013 and the other in Nov 2014. By Jul 2017, I would complete my residency period and would become eligible for promotion. But, it is said that I would be placed below the other two candidates as a result of transfer from one station to the other. ISRO comes under the CCS rules. I request you to kindly intimate me the proper order of eligibility and clarification if any. Please help me as it is my career issue.

raval   04 April 2016 at 21:17

Technical resignation

i m raval sanjay kumar i have joined aiims feb 2012 before joining aiims i have given esic ahmedabad exam at 13 nov 2011.now i have get appoinment letter from esic ahmedabad & it is my home town so iwant to join there. my question aiims will consider my resignation as technical resination.because my esic job application is not forwarded by aiims & i have not noc from aiims.

according to technical resignation rule eigher i have noc or my application forworded through proper chaneel

but i have applied esic before aiims join.
so aiims administration considered my technical resignation application
what i do kinly reply me

Ramesh   04 April 2016 at 14:59

Reinstatement

Sir I was suspended from last 10 month dept serve me chargesheet and file a criminal case which is under trail and dept appointed investigation officer but till now there is no investigation started and after I have applied they don't revoke my suspension. Suggest me what to do can dept kept me in suspension for such a long time. On what basis I file case in court to revoke.