Jasmeet
23 July 2015 at 12:21
Hi ,
I have joined an IT Company in 2011 with appointment terms of one month notice period and which was accepted by myself and signed . While , I was selected by another company and was suppose to get offer letter from them , current employer send an email that they have revised terms as condition of employment and they have sent letter mentioning complete details . We need to acknowledge that and send back to HO. In that letter , sent on 23 rd June as date 1st April , it was mentioned that notice period has been changed to 90 days . Notice pay clause is mentioned which is subject to clearance from Management . I have not accepted this and acknowledged as not agreed .
I have put my resignation on 3rd July with one month notice . But HR has been replying to serve 90 days notice . They are not even accepting my resignation and only mentioning that 90 days notice has to be served and not ready to deduct notice pay even and just want me to serve 90 days notice . New Guy in my replacement is joining on 27th July '2015 . I am ready to complete all hand over procedure and even ready to stay few more days if hand over is not complete .HR has Instructed all line managers not reply on mail. Future employer is getting desperate as I am not able to give them joining date as relieving letter is must to join that company . Please advise what should be done in this scenario .
Purna Chandra
23 July 2015 at 06:28
Can you please tell me whether bocw cess applicable to construction relating csr activity
Member (Account Deleted)
21 July 2015 at 11:23
Dear All,
We are a Private Limited Company and we have employed 5 employees on contract basis.
Now today we had a query wrt deduction of Provident Fund amount. There is no clarification whether PF has to be deducted on Gross Salary or Basic Salary? Our Contractor is saying that PF is to be deducted on Gross and Some are saying that it should be deducted on Basic. Request you to kindly give a clarification on this.
And also request you to kindly share any circular or notification in this regard.
Regards
Neeharika
Shinde Pandurang
20 July 2015 at 17:42
Sir
I would like to ask you that to consider resignation on technical ground is there any criterion like completion of probation.
anil sharma
19 July 2015 at 18:56
hello
respected experts, two times of arguments heared by D.B tribunal and reserved the decission but failed to give the decission,because one of the double bench judge or adhiyaksh has transfered, now tribunal of double bench wants re hearing the argument but my advocate is not ready for the third time argument,
please suggest me, what is the legal treatment, I can take
thanks
subhendu rath
19 July 2015 at 14:07
a certain NGO secured an order from a High Court exempting it from the applicability of labour law. It was then overturned by another High Court after nearly two decades, taking no new fact into consideration. But the NGO concerned has continued to attach its exemption order with its contractual tenders and keeps getting labour-based contracts due to competitive advantage.
rachitp
19 July 2015 at 09:54
Hi,
I am working at Uttarakhand state owned PSU on probation period of two years(completed one year of probation). I have applied for extraordinary leave to pursue Masters degree(Rules defined for leave in Uttar Pradesh Financial Handbook volume II part 2-4 Rule 85 and subsidairy rule 157A(4)). The conditions are as follows:
(1) the government servant concerned has completed three years of continuous service on the date of expiry of leave of the kind due and admissible under the rules
(2) before grant of the extraordinary leave the government servant concerned gives an undertaking by executing a bond prescribed in Form No. 10 to the effect that he would, if required, serve the Government after returning from leave in the same post or in any other capacity as may be required for a period of at least three years and, in default, pay to Government an amount equal to ten times the monthly pay which he was drawing at the time of proceeding on leave, and other expenses, if any, which may be incurred on him together with interest thereon from the day following the expiry of the sanctioned leave at the rate of one per cent over and above the Bank rate in force on the first day of April of the financial year in which the leave may commence.
Now they tell me the ramifications caused by the EOL i would take:
First if I join back after leave and serve for minimum three years:
The probation would be extended and i will be put again on probation for 2 years(although i have completed 1 year of probation)
as a result my seniority will be affected and i'll be at the bottom of pool(I am at the 5th position of seniority) so impact on promotion
My increments will be kicked forward for two years so impact on salary sending me back two years in service(HUGE LOSS IN FUTURE!!!!)
The other if I wont serve for minimum 3 years after completing the leave(what i Intend to do):
I have to pay out bond mentioned above. the amount is ten times of current monthly salary i.e aroud INR 5 lakhs.
In addition the service bond for three years which i had given at the time of joining amounting to INR 1 Lakh also applies.
That makes 6 lakh bond amount if i leave.
And above all the Leave is without pay(which extraordinary leaves are)
Now the situation that I percieve is going for masters with EOL is a LOSS on every condition. Can anybody help me out by telling which of the conditions can be challanged or are invalid that are made up Hypothetically by the HR deptt. as other way of saying 'NO' to permit for leave.
Can anybody help me to come out of this No-Go situation???Also Is someone having power with whom the bond amount of 10 times salary be negotiated???
Asir
18 July 2015 at 22:55
As per the UGC letter dated 7th June, 2013,No:F.1-6/2012(PS) AND THE FOLLOW UP LETTER FROM DIRECTORATE OF HIGHER EDUCATION OF GOA WITH REF NO: DHE/MISC/2013/1935 DATED 17/07/2013, Study leave can be provided to a Assitant Professor to pursue higher studies. Now I am working in a University as a Assistant Professor in Physics. My qualification is M.Sc., Ph.D in Physics and I have completed three years of continuous service. Now I want to pursue M.Sc in other branch in regular mode(with/with out fellowship/Scholarship). Is I am eligible for pursue this degree under study leave ? In case I am not availed with scholarship to pursue this, can I get salary for this duration of this course ? I kindly request the lawyers from lawyers club to give clarification regarding this.
Saravanan Kumar
18 July 2015 at 22:52
I've resigned from my current employer, my notice period is 3 months. Either I can serve or buy out notice period as per appointment letter. I'm completing my one month notice period in next week. HR is non committal on my relieving date and not receiving reply also.
What shall I do now, the below is the point regarding my resignation.
"10. In the event of employee's deciding to resign from his services with the company at any time after joining, he has to give 3 months' advance notice to
the company in writing or pay equal amount of 3 months' salary in lieu of 3 months' advance notice. During the notice period, he shall complete all the
pending satisfactorily tasks assigned to him earlier without causing interruptions/disruptions to company's business activities failing which all his
arrears, if any, will be forfeited by the company & no documents pertaining to his relieving from the company will be given. He would also not be eligible for
any leave during the notice period.
However, the company shall have the right to treat his notice of resignation as resignation itself & revive him from service immediately without insisting upon 3 months' advance notice."
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Gratuity commitment
Dear Sir,
I have been working in company for the last 10 years.
I was employed in 2005 in one company in Nov 2014 they have sold the business and employees to another company from there they are transferring us to another company.
In all these they have not settled our Gratuity or leave balances. But they are mentioning in the transfer letter that all the benefits are transferred to the new company.
Kindly let me know is this legally valid.