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Navi   13 March 2016 at 15:08

Employment agreement with employer

Hi,

My employer made many false commitments at the time of hiring and make me sign a service level agreement. Now the company work culture is so toxic and HR director talks like a roadside person. They even cheated on my salary part as well in my employment letter its written 15% performance based incentive, which they never told me at the time of joining. Now my bonus came which says my performance is 110% but my alotted bonus came much less. I asked them why they said because company was 70%. So bonus pool left for us is 70%.

They are forcing me to give 2 months notice, however i am ready to buy notice period as per my employment letter. I am going through mental harassment and they are saying you need to pay service level agreement amount but in my agreement its clearly written its costs towards training. I have never been through a training except 7 days software training after that i am working as a Project manager since i have joined this company but they stated my deaignation first a management trainee then promoted me to associate project manager.
Please help me out if i am ready to pay for notice period will there be any problem ? I cant work in such a toxic environment plus i've several proofs with me that they have cheated on me.

Tanuj Dewan   12 March 2016 at 09:03

i need to speak to or contact Mr Kumar Doab

Dear Mr Kumar Doab.kindly provide your contact details. My id is tanujdewan1803@gmail.com

A Vasant   12 March 2016 at 00:05

non payment

Sir i was working in a institute from past one year... Yet i have not resigned properly just stopped working because my 15 days notice period expired on 29 feb. My issue is from past 8-9 month my salary was delayed by 1 months.. Sometimes 2 months.. Still my last two month i.e., jan - feb salary is due. Now they are trying to rise some issue to reduce some amount from my salary and keep postponing date of meeting and settlement. My current state is karnataka and I belong from Chhattisgarh and its very difficult to manage here without salary and also want to move from here asap.. Sir please suggest me what I can do or what legal step I should take against them if they refuse to pay my whole amount of salary.

Reetu Dwivedi   10 March 2016 at 12:35

Gratuity for foreign service

Dear Sir,

In my company Gratuity is part of our salary, its deducted on monthly basis from our salary. Sometimes an employee works in India for two year or three year and goes to parent company in US on permanent transfer, we cut him off from India payroll even PF is not contributed and full and final is paid in India but not the gratuity amount which is deducted from salary and we enroll him on US payroll for sometime and then again he comes back to India in same company and at same place and works for sometime. If he completes 5 year (India+US+India) do we need to pay him any gratuity and while he leaves the company can we provide him relieving letter stating he has completed more than 5 year of continuous service. in Indian subsidiary.

Reetu Dwivedi   10 March 2016 at 12:21

Consolidation of branches

Dear Sirs, our company is amalgamation of different companies and we have different PF number for different employees and after merger they became part of one company. Can we merge the PF no under one company.

Samik Chaudhuri   10 March 2016 at 11:32

Non payment of salary by company

Dear Sir/MAdam

I am based out of Gurgaon for the last 4 years, recently had joined a company in the month of December 2015 after receiving a good offer from them. I was overwhelmed at their offer and also the owner was a well mannered gentleman. Their family business is into manufacturing of Stainless Steel items for the hotel industry. This new company they had started was under a different name and had given out the offer letters on the letterhead of the new company. on the 9th of March 2016 I was told by the New Company Owner that my services were no longer required as I have been not able to provide them any business in 3 months. They have not paid any salary till date and have repeatedly reminded them for the same but to no avail. The owner used to communicate on Whatsapp and was always very sorry for the delay and kept on saying that it would be cleared soon. on the 1st week of March when I took a firm stand that I would require my 3 months lieu of pay otherwise it would not be possible for me to work further, they delayed again saying that the dues would be cleared soon. Finally they sent a message on whatsapp that your services are no longer required.

My request to the forum is to advice me on how I can claim my dues and what would be legal proceedings and also if there would be any advocate from Delhi NCR who would take up the case.

It also came to my notice that they had done a similar action against another employee who was working for them based out of Bengaluru.

Would appreciate if someone could address my concerns. Have all the necessary collateral of the company issued to me including email transcripts.

I would be reachable at details given below.

Samik Chaudhuri
Mobile - +91 9582000091
Email - samik.ingprdns@gmail.com

Manjunath   10 March 2016 at 10:16

Company took my marks cards and not returning back.

Hi sir Myself manju. i was working software company from past 1.2 years at the time of joining i submitted my original 10th, 12th, my all semester original degree marks cards to company. i got only acknowledgement letter back other than that i didnt get any offer letter and i didnt signed any bond legally.

I left that company becz jan 16th my granny got expired so i took long leave(15 days) and after that some property issue came in my home n some family problems issue. that all thing i explained to our HR n Directly i met our company MD and i talked with them about this. now i have a situation like i have to stay with my family n build my carrier in my home town.

I asked him about my marks cards and experience letter for that he said we ll provide u very soon contact me after a week.

I called him after a week then he said u absconded from the company u didnt tel to anyone we wont return ur marks cards n experience letter too becz he saying m not completed 2 years work as per agreement. actually at the time of joining they didnt tell about any agreement and they dont have any legal proof for that.

From company we didnt get any letters and any pf account and salary account from the company. every month they were use to give salary check from his own account not from company account.
They were not providing any facilities to employees which all they suppose to give.

please suggest me What next Step should i do? shall i put case against them? please suggest me something.

Neeraj Jha   10 March 2016 at 08:23

Undeserved termination from mnc

Dear Experts,

Kindly assist me in the matter of Termination

I have been serving an American MNC gurgaon since last five years, and I am eligible for gratuity also. During the five years of working I am getting continuously appreciation's and Job well-done for excellency in work. Company has the two types of staff (Permanent & Contractual) with 60% (Permanent) + 40% (Contr.) I am in permanent staff. Now company has lost two projects which results reduction in employees but In which project I am working is running smoothly and since two years and the work is in the project for more two years and in the same project I got many appreciation. Now company asking me for resignation and avoiding my excellency in work and this is because of some buttery people of manager.

Company is being fired only few permanent candidates whether mostly contractual are being fired. Please let me know how I can protect myself against this cheat and what the legal rights I have to protest/action against the company.

I have all the appreciation proofs in e-mail.



Thanks

Member (Account Deleted)   09 March 2016 at 22:11

Maternity leave

just want to know that in case of any other leave availed after child birth. till when a lady can avail her maternity leave? or the maternity leave starts automatically from the day when the baby is born?

RAJENDER SINGH KUSHWAHA   08 March 2016 at 23:48

Reservation in promotion covering more than 90% posts.

My department has following rank structure for Ministerial cadre:-
Asstt Sub Inspector and Sub Inspector in Group C, Inspector and Subedar Major in Group B & Asstt. Commandant in Group A.
An ASI is promoted as SI, SI as Inspector, Inspector as Subedar major, Subedar Major as Asstt Comdt.
While allowing promotions, reservation policy of GOI provides out of turn promotion to reserved category candidates viz SC / ST. Getting out of turn promotion in each rank these candidates of reserved categories are now placed on higher ranks viz Subedar Major, Asstt Comdt in such a way that most of these rank comprises of only SC / ST category candidates. Now the quantum of SC / ST candidates in the rank of subedar Major and Asstt Comdt is more than 50% and 90% respectively.

My question to learned scholars is that :-
1. Is there any rule which restrict promotion of reserved category candidates beyond 50%.
2. Whether filling of 100% posts of any particular rank (which is filled by promotion only) by SC/ST candidates only is permissible debarring General candidates of their law of equality.