Nagraj
16 February 2015 at 23:01
Dear sir/madam,
Though I have read many discussion on this subject I need some more clarification. I am currently working in an organization signing a service agreement of 2 years with penalty of 2Lakhs and I also have gone through a training period during which I was paid some stipend amount. Recently I attended an interview and cleared it which violates the terms of the agreement. And in background verification of the new company they may contact my present company in which case I might be terminated from the company by paying the penalty as mentioned above. After terminating will they give me the relieving letter which I can produce to new company and join. And is terminating different from Resigning. Below are some of the necessary terms of agreement on this query.
If the Employee leaves the employment of the Company or brings about a situation as referred above, during Service Period, the Employee undertakes and agrees unconditionally to pay, on demand, to the Company, a sum of Rs 2 Lakhs as pre-estimated liquidated damages as compensation for the breach of the terms of this Agreement. The Company may also, in addition, demand a quantified damages for loss of business opportunities, negative growth in the business, if any.
Thanks in advance.
jayesh sinha
16 February 2015 at 19:57
an employee working in category x before 4/9/2008 in railways in grade 5500-9000 after grade merger after 5/9/2008 was medical decategorised on 16/04/2010 his degination was je(p.way) scale pay 9300-34800+gr pay 4200/- his counterpart working in category y in scale 9300-34800+gr pay 4200 kindly advise how his seniority will be fixed in category y .employee working in category x date of appointment is 14/12/99 where as employee working in category y his date of appointment is 15/01/91 employee working in category x joined in category y after cut-off date of 5/9/08 kindly advise how is seniority will be fixed as per ara 1310 chapter 13 of IREM 1989 edition person dealing railway cases will only be able to advise
secondly can the cat judge is obliged for final hearing if both the parties have completed all the formality including rejoinder and both the parties are ready to argue bit judge is not interested for final hearing what is the remedy to overcome this problem
prem chandy
16 February 2015 at 17:50
sir there is a labour who has been with me for the last 15 yrs or so...off late I take for the past 1yr he is very irregular some times he comes for 1week then he takes off he turns up next month at the time of salary takes salary again turns the other month for the salary his avge attendence is 3-4days a month...and each time he comes its with a Dr.certificate thathe was sick.
His main aim is that I should expel him so that he will demand the gratuity and leave...but i do not have any PF nos nor any other but I deposit them in the bank account .My total work force is around 9.
Now I heard that he got admitted to subdivisonal hosp for three days so as to make his claim that he was sick.But he was off duty from 20 days ago...what should I do can I retrench him...If I do it do I have to compensate him..?
vimal Kumar
16 February 2015 at 12:13
Hi,
Recently a friend who is working for a BPO in Mumbai, Got a e-mail from administration saying that from the next month, notice period for resignation has been revised from one month to two months. He has not so far agreed to this in writing.
In the signed job agreement contract the agreed notice period for resignation or termination is one month.
Can the company enforce the new notice period.
Thanks and regards
Cejo Marcose
14 February 2015 at 20:16
Sir,
I have applied for the post of Stenographer against the office order of the office of Conservator of Forests (HQ), vide no. (F.20(E)/13) dt. 12-8-2013 for the post of Stenographer (OG) 4 no. (General -2 & OBC– 2) in the Dept. of Environment of Forest, A & N Islands, accordingly a written examination was held by Forest Dept. on 01-06-2014.
That as per written examination for the Posts of Stenographer conducted by Dept. of Forests, A & N Islands, and Twelve (12) candidates was qualified/selected for trade examination (typing & shorthand), accordingly the written examination qualified candidate called for trade examination on 20-09-2014
That as per press release on Daily Telegram dt. 22-01-2015 out of Twelve Candidates only four candidates was called for interview on 11-02-2015 whereas the existing vacancy is also 4 nos, and there is no cut off marks prescribed for written test, under such circumstances the waiting panel for the said existing panel is not possible and also it is clear that all the 4 candidates were who selected for interview is also select because the vacancy is four only....
That i had given a written objection to the Principle chief conservator of Forests of Forest Dept. stating that the recruitment process for the post of Stenographer which have been adapted by the dept. was totally illogical & also requested that the Interview for vacancies for post of Stenographer may conducted after calling all the eligible candidates who passed in the written exam, so that reserve waiting panel should be made.
But unfortunately my objection was not considered by PCCF of Forest Dept. and the interview was carried out on 11-2-2015.
That up to the written exam it was ok for me becoz the ratio for 4 no. vacancy is 1:3 ratio that is for 4 post 12 candidates were selected. but in trade exam for the said post the result was 1 :1 ratio that is for 4 no. post 4 candidates were selected.
Generally all the interview for any requirements the said forest dept. was followed the ratio method like 1: 2, 1:3, & 1:4.
in this regard i want to stay the illogical/ arbitrary interview process which have been followed in the recruitment process for the post of stenographer, so that the forest dept. calling all the eligible candidates who passed in the written exam, so that reserve waiting panel should be made.
pls help me....
RANJAN
14 February 2015 at 18:27
Can I file review of single judge order on disclosure of new evidence appeal is pending
kamaraj
13 February 2015 at 19:12
I was appointed as B T asst in 1992 in tamil nadu aided school .I was promoted as p g asst in 2004. I got 2 incentive at time of initial appointment,.My junior was appointed as B T asst one year later that is 1993, he has been working in same cadre and got incentive recently , now my salary is very much less than my junior. please give your advise
ARTI GUPTA
13 February 2015 at 15:09
IS A CENTRAL GOVT EMPLOYEE OF A REPUTED PRIVATE SCHOOL IN DELHI HAVING WORKED ON CENTRAL GOVT PAYSCALES TILL RETIREMENT WORKS FOR 10 YEARS MORE ON CONSOLIDATED BASIS AFTER RETIREMENT ELIGIBLE FOR GRATUITY AS PER CENTRAL GOVT. RULES.HE HAS A CLEAR EMPLOYER EMPLOYEE RELATIONSHIP,IS A MEMBER OF PF, IS IN RECEIPT OF SALARY SLIP, ELIGIBLE FOR DEDUCTION OF TAX,IS IN RECEIPT OF TDS CERTIFICATE,HAS PROPER APPOINTMENT LETTER,I CARD.
Pragati Jain
13 February 2015 at 11:31
Greetings Seniors,
I want to know if an Employee working full time in an Organisation, can also work part time on weekends as per Indian labour laws? It is to be noted that the employee is not on payrolls of the Organisation where he is working part time but only on the payrolls of the organisation where he is working Full time. which section of Factories Act or any other Act of labour law governs the same? Any light on the same would be of great help. Thanks in anticipation of a response.
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