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Anonymous   08 September 2021 at 07:38

Company denying relieving letter and final settlement

Dear Experts,

I was working in a company A for 7 yrs and recently changed my job and joined another company B because company A was paying half salary post pandemic and I was not able to survive with that.

Now I am working in company B. Problem is my previous company A is not giving me a relieving letter because company B has signed a no-pouch agreement with company A which I was not aware of till I asked for relieving letter from company A. My background check email from company B went to company A and they got to know that I am working on company B and company A sent email to company B asking them to terminate me from job and they have suspended my relieving letter and also my final settlement.

As company A know that I am working in company B, they are now asking me to sign no-pouch agreement for company B which I denied because I have already joined company B.

I couldn't serve notice period and took early release from company A and they deducted my notice period days from final settlement and sent a final settlement letter indicating same and asked me to sign. Now they are saying they are suspending final settlement as well.

My current company B is not responding to previous company A and looks like since they broke the no-pouch agreement with company A and they might terminate me.

Kindly suggest what are my options here to get relieving letter and final settlement and also save my job.

Shamnaz Abdulrahim   07 September 2021 at 13:06

Confidentiality agreement

Hi,

What wil be the stamp duty for Confidentiality Agreement? I'm from Nilgiris, Tamil Nadu.

Regards

Anonymous   06 September 2021 at 15:58

Regarding continuity of service & consequential benefits

Sir, I have been wrongfully terminated by the management and re-instated into the service by the H'ble high court & H'ble Supreme court. As per judgement it has mentioned back wages ,Continuity of Service & consequential benefits. But our management is still not yet considering my promotions and consequential benefits.
Can your please suggest me that whether the promotion with be consider from the date of joining or from the date of re-instatement. Our management is considering the termination period as a absent..
Kindly suggest




anosua chakraborty   02 September 2021 at 16:08

Salary hold and then disbursement of 50%

Sir,
I was working in a ltd. company,during lock down my superviser forced me to come to office once ,though no lady employee was present,my area was under containment zone,and no vehicla was available,still I attended,But soon after that I was having request to attend office again...then I decided to resign and mailed the cause of my resignation to both my supervisor and HR.
that was 26th May,2020.
1. Till that date salary of April,2020 has not been disbursed.
2. after my resignation ,after multiple request they have not processed my FnF settlement for May,2020 and due salary for april ,2020.
3. I was off for sometime for my surgury,now I again statred doing multiple reminder Mails,and finally they responded when I decided to move court, but they are giving me 50% salary of my dues,showing cause loss during lockdown
4.sir PF for the month of april,2020 and May 2020 ,they have submitted on time and against full pay
5.Sir after one year they are agreed to disburse 50%, but no such intimation have ever been mail to in last one year
6. For existing employees they will disburse due 50 % in future(known frm ex collegue source,not submissable legally)
7. please advice can they have right to disburse 50 % salary during my full and final settlement?when they have submitted full on EPFO
8. HR mail as "full and final settlement" but disbursing 50% salary
9. Company always late in disburse salary during tenure...that is like salary for december credited on end of january,has all bank statement....held my dues and relaese more than a year

jagadish paranjape   02 September 2021 at 13:05

Representative of the workman in labour court

A person claiming to be a trade union leader has staged appearance in a reference under Industrial Dispute Act on behalf of the workman.He is member of the local Labour law practitioner's Association for past three decades and is practicing in labour court/Industrial Tribunals for long time.
Can he qualify to be called legal practitioner within the meaning of Sec.36(4) of the I.D. Act and need consent of the other side and permission of the court for appearance.
Regards.

jagadish paranjape   02 September 2021 at 12:44

Dismissal twice for single misconduct

Workman was charge sheeted for misconduct and after domestic enquiry his service was terminated.
Later his termination was revoked and he was permitted to join duty,which he did.
Later on after few days his service was again terminated on the basis of earlier enquiry.
Is action of the management justified.Any precedence for similar matter.
Regards.

suneetha Jain   27 August 2021 at 15:41

Non disclosure of pending case at time of joining govt job

In Avtar Singh Vs Union of India Case, Hon'ble Supreme Court of India has given Judgment given on 21.07.2016. In that Judgment, 11 points are mentioned by Hon'ble Supreme Court regarding non disclosure of pending cases while applying for Govt Jobs. I would like to know the view of Hon'ble Supreme Court through you (experts) because point no 1 (38.1) says that the candidate should disclose the details of pending cases. But point no 4.1 (38.4.1) says that in case of trivial cases, even though the candidate did not disclose the details of pending cases, it can be condoned. I would like to know whether the judgment is in favor of employee or employer. Because, based on point no 1, Employer can terminate the employee in case of non disclosure of cases. Again based on point 4.1, Employee can have the right to get back his job in case of non disclosure of cases. Please clarify my doubt

Abiral Pandey   27 August 2021 at 00:15

Seniority in case of technical resignation

I am a central govt. employee in GST department. I had resigned on technical resignation from the post of Inspector, GST Mumbai zone and joined as Inspector, GST Bhopal zone. My query is whether promotional seniority should be protected in this case as the Department and Designation has not changed.

Dopt has brought out Master circular 28020 / two (read numeric 2)/ 2018 - Estt(c) dtd 27.08.2018 in this regard where in point no. 8 about Seniority mentions that

" On technical resignation seniority in the post held by the Government servant on substantive basis continues to be protected. However, in case of a Government servant deciding to rejoin his susbstantive post, the period spent in the another Department which he had joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post"

Guidance please.

Miheer Rathod   19 August 2021 at 05:02

Non payment of salary

seeking advice on how to claim the salary not paid by the company. If they are not ready to compensate even after a legal notice is sent

D ROY   16 August 2021 at 21:48

Can a vrs candidate trade equity through demat account?

Please inform me whether a VRS person who takes VRS from PSU, can trade equity through demat account. Give the Indian rules.