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Jidnyesh Behere   15 December 2015 at 16:46

Gratuty

Dear Sir,

I am working in one IT organization since last 5 years.

How much gratuity will be apply to me as just 3 days ago I have completed 5 years in this organization.
What is the basic calculation?

suneetha Jain   15 December 2015 at 13:11

Service law

Jainendra Singh's case in Supreme Court of India (5671/2012) is referred to larger bench of Supreme Court in 2012. Can you please inform me what is its latest position?

Suresh Govind Bhagat   15 December 2015 at 12:58

Is age criteria for eligibility for payment of gratuity

Dear Sir,
Iam retired employee of PSU. After retirement one Engg College appointed me on yearly contract as a Finance & Administrative Office for 5 years and one months. Due to college politics and change in Exe Body. The Principal has terminated me by giving one month salary. Since I have served there 5 year and one month. as per Payment of Gratuity Act I felt that I am entitled for gratuity. But they have refused me for payment of gratuity and giving the reason that the gratuity is getting once in life time. Since you have already obtained gratuity from PSU -Earlier Employer, and served our college after attaining 58 years that's why you are not entitled for gratuity from the college. Kindly opined that is there any age criteria for gratuity payment. Though Now I am of 65 years but after retirement I have served in the college continuously for five years and one month.College have appointed me on yearly contract basis without giving me any break in service. Your valuable advise is requested in the matter please.Thanking you and awaiting for early reply in this regard.
U R Sincerely

Suresh G Bhagat.

vakratunda   14 December 2015 at 11:33

Gratutity payable after 5 years or 4.8 years

Greetings to All,

I am working in a MNC with 5 days working
Please clarify if I resign today, and my notice period is 2 months will I be eligible for Gratuity. DOJ : 16.03.2011
Date of resign : 14.12.2015
Date of relieving : 14.02.2016

nitin bisht   14 December 2015 at 10:05

Salary issue

dear sir,
my name is nitin bisht . i am current working in a real estate company at Amritsar. maine yaha par 2 may 2011 ko join kiya tha, maughe aap se ye janana hai ki meri gratuity ess company main kab puri hogi ? aur ye company pichle 4 month se salary nahi de rahi hai. aur bina full & final kiye hi jane ko bol rahi hai. esse main what i do? please guide me for this type problem solution.
hum aapke sada aabhari honge. reply me as same email. i.d. nitinbishtjuc@gmail.com

thanks

With best Regards
Nitin Bisht
9041315237

Thennarasu   12 December 2015 at 20:09

Legal notice to pay compensation_ need more time to pay

Dear Law experts,

I have worked in an Indian IT company for about 8 years. I recently resigned my job.
There are two issues.

1. 3 months notification period.

I served one month and paid for the other two months. So it's kind of not an issue.

2. Compensation for onsite processing expenses.

My ex-employers sent me to US for 20 days on Business visa and they asked to sign a contract stating that I would stay with them for 6 months once I am back from US otherwise will pay 2.5 lakhs as compensation.

Unfortunately I couldn't stay with them for 6 months after my return so I resigned. They informed that they wont provide relieving order before I pay the final settlement. I agreed to pay the amount but I requested HR to give 6 months time to pay the amount. In the meantime I have received legal notice from my ex-employer to pay the amount within 15 days. I am not in a position to pay the amount in 15 days, I will need at least another 3 months to pay up.

Since I have received the legal notice, should I respond to the sender (advocate) that I need 3 months time?
Or Can I just ignore the notice and wait for 3 months and pay the amount?
What are the consequences I may face if i choose to ignore?

I will highly value your legal advise on this.

Thanks in advance.

Regards,
Thennarasu

sudhakar dash   11 December 2015 at 23:36

Service bond

sir i have joined andhra bank as a probationary officer in may 2015 and executed a service bond of rs 200000 or to serve for 3 years ....now i am selected in ssc in ministry of external affairs and want to leave the bank.....i have given notice to leave the bank on 16-11-2015 and gave resignation on 03-12-2015 requesting to relieve me on 17-12-2015...

the are saying that i have to pay 200000 rs and also 3 months salary for notice period they provided me the standard resignation form on 08-12-2015 and said that notice period will be counted from that date ....is it fair???

in bond also it is said that if i have to resign i have to give 3 months notice and if they will terminate my services they will give only one months notice..
is it fair?????

the bank has spent 21060 rs on me as TA & DA for training of 6 days in hyderabad and 6 days in visakhapatnam....
is it fair to ask whole bond amount along with 3 months salary when they have spent only 21060 rs on me....
please guide i am from a lower middle class
family and can't repay such amounts....
the bond attached...

Niladri Das   11 December 2015 at 15:04

Can i sue my employer for loss of service?

I work in one of the PSU banks in India. Due to some medical reasons, I remained absent from service from May 06, 2014. In January 2015, I wrote a letter to the bank citing reasons for my absence and expressed my desire to resume duty. The bank issued a showcause letter for not informing them and allowed me join office. However, due to separate medical reasons I was not in a position to resume office and I asked for extension of leave on medical grounds. On May 18, 2015, when I was fully fit, I went to the bank for resumption of duty. However, I was not allowed to join and I was just told that my case has been referred to Head Office. After a gap of four months, the bank decided to go for a medical board to ascertain whether my claims are genuine and whether I am fit enough to resume duty. The said medical board was conducted in September and the board referred the case to a hospital in state capital. After that the bank decided to conduct fresh medical board in a government medical college in the state capital in the month of September - October. After, two rounds of sitting, the medical board has declared me fit and I am still waiting for letter from bank to join service.
Assuming that bank will allow me join office in next few days, can I ask for compensation for the loss of service since May 18, 2015, as my claim of medically fit was endorsed by the medical board. what I feel is that the bank could have allowed me join office and could have conducted medical board thereafter if they were in any kind of doubt.
I request you to kindly advise me regarding my legal options.
thanks and regards,

Raja Barari   11 December 2015 at 14:17

Fraudulent company not settling dues

Hello Sir,

I was working at a company called Vrisini infotech from Jun '15. At beginning they promised me a salary of 35,000 per month. After 1.5 months they paid me only 8000. At the end of 2 month they paid me another 8000. After 2.5 months they asked me to leave immediately and said they will clear my dues by Aug '15. But till now they haven't cleared my dues and they are telling me "can you prove that you were an employee of vrisini". How can i take action against them ? I have email from company MD that i have joined vrisini and i am their employee.

shailesh pandey   11 December 2015 at 10:02

Id act- full & final payment

Dear Sirs,
Kindly advice as follows-
1.Before shutting down our unit,One month notice to all permanent employees is enough as well as concerned govt. offices ?
2.As per ID act @15 days x completed year is payable to employees while their full & final payments ?
3.As One who is completed 4 years & we are going to pay his full & final ,what should be his gratuity as five years is not completed but he is asking for it ?
3.We have an Internal union ,some of workers have completed 17 years & their average age are 40 years,then 18 years are remaining of their services,what will be right calculation.
kindly urgently advice
regards
shailesh pandey