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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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RAMANARAYANAN.G   08 February 2015 at 14:07

Epf on pay revision arrears after retirement

Sir,
Pay revision was implemented in a company for the period from 01/08/2000 in July 2014 along with pay revision arrears benefit form 01/10/2008.The process of fixation and arrers computation were completed and amount of arrears payable to each employees (including retired employees) were arrived in December 2014.During the time period of 01/10/2008 to 31/12/2014 more than 12 employees from the company were retired, resigned or relieved.Most of these employees had closed their EPF Account also and withdrawn the entire PF balance in their account by themselves.(the company does not have any control on this).
Now, these employees are demanding for the employer portion of the EPF contribution also along with the arrears amount on the argument that had the proposal been implemented during their service tenure, ie between 2008-2014,they would have got the employer contribution of the PF portion of the of the arrears amount also.Is their argument valid and should the company liable to pay the employer contribution part of the arrears amount also to those retired employees?.If so,is it possible to remit the same to the EPF Department in the name of the respective employees whose account is no more in existence with the EPF department?
RAMANARAYANAN G

Arindam Bhaumik   08 February 2015 at 02:03

Re : home ltc

Is it mandatory to provide proof of visiting home town in case of availing Home Town LTC? Suppose the nearest railway station is situated in a different municipal area from the declared home town( for e.g. Howrah in case of Kolkata) is it mandatory for the claimant to produce a document to office as a proof of having visited home town even if railway tickets for journey from Hqrs. to the nearest railway station of home town has been provided to office? May the experts provide their valuable opinion in this regard.

Richa   06 February 2015 at 16:16

Salary not given by employer

Dear Sir,
I was working for a consultancy which is in Delhi and through them I was deployed at their client location Pune University.I worked for them from 7th Nov 2013 to 28th April 2014.

I was resigned from the company in month of April 2014 and was released from the service on 28th April 2014. But till now they have not processed my April'2014 month salary.

I continuously send the mail and contact them after April 2014 but they had not given satisfactory answer.In July 2014 they told me that they have not receive my name in report of April 2014 from Pune University People.So I contacted pune university and ask them to send the report again with my name.They send the report (I am having mail of same) in August to consultancy inspite of that they have not processed with my salary inspite of they got the salary of me from pune university

Consultancy people again come back to me and told me that they need a new work order for me.

They are not contacting pune university telling me to get work order.I again contacted Pune university they told me that from their side everything is clear to consultancy.

From last 10 months I keep contacting my consultant but they are not replying with a satisfactory answer and also they are not contacting with Pune University people regarding my issue.

As per my understanding I am a employer of consultancy and so they need to take all responsibility of me inspire of that they are not processing my salary.

I am having Appointment letter , experience letter and relieving letter of consultancy which clearly stated about my experience details as "This is to certify that Richa Tiwari has been working with Neelkanth Digital Infonet Pvt. Ltd at
University of Pune since 07-Nov-2013 to 28-April-2014.She has been relieved from the services of the Company and obligations with effect from the close
of working hours on 28-April-2014.".

I am in Pune and in appointment letter it is written "It is agreed between the Parties agree that only the appropriate Court in Chandigarh shall have the
exclusive jurisdiction to entertain and try any suit or matter in dispute between them relating to this
Agreement."

Please Sir suggest me what should I do to get my salary ? What action should I need to take ? It is not possible for me to go to Delhi or Chandigarh as I am in Pune ?

manoharan   06 February 2015 at 07:35

Non receipt of salary

I was appointed as Accountant wide your appoinment order dated 17/04/2013 and I joined my duty in 06/05/2013 and from that I am working sincerely and delicately to the company. As I have submitted my resignation on 24/09/2014 for my future prospect by giving one month notice which I clearly mentioned in my resignation letter itself as per my appointment order. My salary for the month of september 2014 is put under hold and all my colleagues got their salary for the month of September 2014 on 07/10/2014 except myself. And subsequent letter on 08/10/2014 requesting to release my pending salary and my immediate relieving because of my salary put on hold, while I asked about my hold salary on 08/10/2014 while I was attending duty on notice period, I have been called and asked not to attend duty and ask me to leave from the office immediately, I was not permitted to attend duty and complete my notice period.

After that Mr.Lakshmi Narayanan / Liaison Officer have make a call (08/10/2014) to me and threatened me that we will spoil your career by informing the company you are goint to join in future and make your life miserable in any way.

On these circumstances, I feel annoyed and I have been mentally tortured. Now (09/10/2014) Mr. Lakshmi Narayanan called for the auditor meeting tomorrow (10/10/2014) to know the status and handling over. I feel discomfort and mentally distrubed to come to the office. I request you to kindly arrange the meeting in the Auditor Office and I also request you to kindly assure give me a relieving order tomorrow after my meeting with our Auditor.

I assure you that will come to the Auditor office tomorrow to give my status to the auditor and get relieved my duties by tomorrow after I receive my pending salary and my relieving order.

Yet to be not receive any communication from company and not release my salary.

Kindly advice me what can i do to further.

Regards,
P.Manoharan

Abhishek srivastava   06 February 2015 at 00:29

Employer not releasing my salary

Dear sir I have been working since last two months on the basis of offer letter since then I haven't received my salary please guide me what remedies do I have

Phanindra Kumar   05 February 2015 at 17:37

Factories act

Dear Sir/ Madam
i have a queries in regard to factories act
1. can a person be appointed as manager for more than one factory? if so under which section/rule
2. can a corporate office personnel be appointed as factory manager?
3. is it mandatory that manager must be present in person in the factory or can be on paper?

please reply me.
Regards
Phanindra

Rajesh Chandak   05 February 2015 at 17:24

Salary compensation

Hello Sir,
My brother he is working in one of the leading Chandigarh based company C & F which is at Akola (M.s) has a senior accountant . Due to Fraud done by Manager , company terminates my broher from job and not even giving salary of two months .Also company has accepted that there is no fault of accountant though they are refusing to pay salary. In this case what should we do to get our salary back or to lodge a complain .

sagar   05 February 2015 at 16:34

Non issuance of relieving letter

Hi, I was resigned on 15th August,2014 from the post of Assistant Manager Accounts. But the last working day was 2nd Oct,2014. Till the time I have not received the relieving letter from the pvt ltd company. What to do? Pls explain.. Sagar K.

SHASHIDHAR A   05 February 2015 at 12:52

Weekly off

Respected Sir,

I have a query on Weekly Off. Request to let us know for an entitlement of a Weekly Off, how many days an employee to work.

The query is explained in below scenario's.

Scenario 1.

An employee is working 5 day week. Monday to Friday, Saturday & Sunday will be his WO. He is on LOP from Wednesday - Friday and resumes to work on next Monday. Will he get Weekly Off. If yes, will it be for two days OR only for one day.

Scenario 2.

The same employee is on LOP from Monday to Friday, and resumes to work on next Monday. Will he get his WO. If yes, for how many days.

Kindly help.

Thankyou
Shashidhar.

KUMAR SHAH RS   05 February 2015 at 11:53

Retaliation against whistle blower

I work for a multinational in India with Global HQ in US & Germany. Few months back as per the organisation “Code of conduct” I escalated few HR & operational issues challenging the working style of HR & Business Head. Specific details with supporting info was shared with Local compliance, Global Top Management, Global Audit & HR. I got acknowledgement mail assuring 100% protection against retaliation as per “whistle Blower Policy”. Somehow the info leaked to concerned officials (HR & Business Head). They’ve blocked my laptop & mail access without any reason & wish me to resign immediately on legal 100 Rs. Stamped paper. They are so powerful that no body is listening to me & I’ve been threatened that my settlement shall not take place if I do not resign on stamped legal document with following clauses:-

1) upon payment/ full and final settlement of all my statutory and contractual dues in connection with my employment in the Company or separation thereof (as set out in Annexure-I), I (including my legal heirs and successors) shall have no Claims whatsoever against the Company or any of its affiliates, representatives, officers, employees, directors, clients, customers, vendors (“Associates”) including but not limited to claims based on applicable laws, regulation or ordinance having any bearing whatsoever on the terms and conditions of my employment with the Company and cessation thereof. Further, I waive any future Claims whatsoever that I or any of my successor or heirs may have against the Company or any of its Associates and represent that neither I, nor any person acting on my behalf has or will file any actions, complaints, charges, grievances or arbitration, administrative or judicial proceedings against the Company or any of its Associates. For this purpose, “Claims” means all actions, claims, demands, suits, proceedings, liabilities, sums of money, damages and costs arising from or relating to (whether directly or indirectly) my employment with the Company and my resignation thereto, including without limitation, any retirement or pension benefits, annual leave, severance or redundancy payment, notice (or payment in lieu), gratuity, allowances, bonus, incentive or payment on any other account whatsoever and whether or not the Claim arises or may arise under contract, tort, equitable principles or statute.


2) I will indemnify, defend and hold harmless the Company from and against all or any damages, claims, penalties, fines, costs that are or may be paid or incurred by the Company as a result of, arising from, or in connection with, or relating to any misrepresentation, fraud, negligence, breach and/ or failure of performance (in whole or in part) by me of any representation, undertaking, obligation or covenant contained under my appointment letter dated 12th March 2012 (“Appointment Letter”), the internal policies of the Company, or the terms of this letter or breach/ violation of applicable laws in India;

If I do not sign they are not willing to settle my account. Also they are so powerful that they can create misrepresenting facts by pressuring some low designated employees in the organisation. My 2014 performance is B-90 points (partially Achieved) & A grade starts from 91 points.

Please guide what should I do??