Yash
03 February 2015 at 19:02
Completed 4 years 9 months 11 days with MNC.
Sent form I to Organisation for gratuity.
It has been more than 20 days, no response from the company.
planning to send form N to Assistant labor commissioner.
Please confirm if I am eligible for gratuity?
Please confirm if Ass Labor Commissioner decision would be enforceable?
Sivakumar
03 February 2015 at 17:44
Dear Esteemed Members,
My brother was a post graduate doctor working in a hospital in Bangalore. He was part of the research team and as part of his research work, he was sent to Chattisgarh by the hospital along with few other doctors. They went there to do a research on tribal people.
During their work, they had to visit few tribal areas to conduct the research work and my brother while on one such visit into a remote tribal village in chattisgarh had an accident where he slipped into a gourge.
He was severely injured and succumbed to the injuries as there was a delay of 4 hours by which time they admitted him into the hospital.
My brother is not married and we were two sons to my parents. I being the elder brother, now will have to support my father and mother on my own, where previously, my brother and I used to jointly take care of them.
The hospital did have a Provident fund scheme. The PF claims have been lodged by my family to the PF department.
However, they have not covered themselves under the gratuity act, though statutorily required to do so.
Also, they have not taken any insurance for their employees.
As a result, the hospital does not want to pay any gratuity leave alone the compensation to my family.
My questions to you esteemed members
1. Is the employer liable to compensate my family for the death of my brother during official duty?
2. can the hospital escape the gratuity liability for its employees? My brother has been working in the hospital for over 7 years now since he finished his MD.
3. Is there a maximum compensation limit? I understand that there is a ceiling under the Employees Compensation Act 1923. If we do no opt for that but file a claim under the common law, is there a maximum limit of compensation that needs to be paid?
I am looking for some legal help with this regard, preferably people specialising in labour laws.
Thanks and Regards
Siva
satish kumar
02 February 2015 at 20:03
after what time of the service of a person, one can't challenge his appointment, seniority & promotion even he is not fulfilling the eligibility criteria at the time of selection and other persons who joined later 10 yrs from the former in service who completely fulfill the eligibility criteria can challenge the appointment/promotion of the former by the later who did his also 10 yrs service?
Roshini Arya
02 February 2015 at 07:35
Sir
As per my clients employment policy they have a notice period of 2 months.
Now an employee found guilty of wrong doing was to be terminated but just before that he sent his resignation on email stating he has resigned due to personal reasons.
My client is now obliged to pay him notice pay or ask him to serve notice pay both which is not acceptable.
Hence I would like to know if a person who has resigned then can he be terminated after that without any legal complications.
If there are any legal complications what are they as the employee is asking the company to provide an acceptance of his resignation.
My client has a manufacturing set up.
Regards
Roshini
P.ESAKKIMUTHU
01 February 2015 at 22:38
Sec 2A(3) of ID Act dealing with cases of termination by which petition to be filed before Labour Court within 3 years of termination. is coming effect from 15.9.2010. The Labour Court Judge says that this amendment is retrospective and took the stand termination effected before 15.9.10 has to be filed within 3 years. say for example if an employee was terminated on 10.1.2007 he must file application before the Labour Court within 9.1.2010.Whereas Trade Union Representatives argued that the amendment in Sec 2A(3) is prospective only and it covers termination effected after 15.9.10.Kindly furnish citations for application of amendment in Sec 2A(3) of ID Act propectively
venkata
01 February 2015 at 21:19
sir i joined in isro in 2010 after getting relieved from technical resignation from south central railway on grade pay 2400 to 4600 but iam willing to rejoin in my home departement on lower grade pay without loosing my seniority and past service whether it is possible?
Nitesh Rautela
01 February 2015 at 21:11
Dear Sir,
I have submitted my resignation to the company on 12-12-2014 with a 2 month notice period ending on 12-02-2015 after discussing the same with HR personnel, but the company relieved me without prior information on 14-01-2015.Above over this parts of my salary (sometimes 10%,sometimes 5%, sometimes 25% ) are being held by the company without giving any suitable reasons.
Till now I have not been paid my salary for the month of December 2014 and also for 13 days I have worked in the month of January. When I enquired for the total amount payable to me the company is only agreeing to pay amount apart from my incentives which are mentioned in my offer letter.
The management has replied that no Performance incentive will be provided for all the business brought by me as the company is in losses. The Business brought by me is close to 1.2 Cr. in 1 year.
Please advice me if I can claim for my incentives and if i can then how.
Regards
Nitesh
Arif Ali (Apt Co Advisory)
01 February 2015 at 12:06
I want to know that what is applicability criteria of PF & ESI on a company.
both applicability criteria is same or differ?
thanks
Chetan Bhole
01 February 2015 at 11:20
This is Chetan Bhole from Thane. I am looking for a advise and good advocate to discuss my concerns with him and to decide whether i can put case on my employer or not. My previous company taken a wrong action across me i.e redundancy by giving completely illogical and false reason to pressurized resignation.. I need help to understand what kind of approach should i adopt to get justice..
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Time limitation of service after which one can't challenge its appointment,seniority & promotion
3 candidates recruited in yr. 1988: eg. verma, khajuria & srivastava as assistant programmer and promoted to B group officer.
2. 8 candidates recruited in yr. dec 1991:eg. bharat, dalmia, sahni, inderjit, khanna, Bhatia, Asish, rampal as Assistant programmer promoted to B group officer except BHATIA.
3. 5 candidates recruited in 1991:eg. KK, Deepak, tiwari, rawat, khurana as Data Processing superintendent (DPS) and promoted to AP.
4. 4 candidates recruited in yr. 1991:eg. akshay, chartley, mazumdar, baljinder as console operator and promoted to AP.
5. 4 candidates recruited in yr. 1992: eg. rajesh, saini, sindh paul, anil Sharma as DPS and promoted to AP.
6. 3 candidates recruited in yr. 1996: eg. Akash, simiran, ashwani as DPS and promoted to AP.
7. 2 candidates recruited in yr. 2000 and appointed in 2003 with computer degree from a recognized institution ie from a university: satish, ashok as DPS and promoted to AP. 3 yrs.late appointment due to the serving candidates in the railway(RCF) opposing the appointment of the candidates who possess the computer degree from a recognized institution.
The eligibility criteria of AP and DPS are the same except in experience till recruitment yr. 2000. After 6th pay commission, AP an DPS post merged as sr. Engr./IT.
Out of 29 candidates, only 2 candidates mentioned at point no. 7 possesses the computer degree from a recognized institution and some as private degree and some as none ie not fulfilling the eligibility criteria. Private degree are not demanded but still appointed.
Now differences started to occur between all candidates that those who don’t possess the computer degree can’t be appointed and promoted. Those candidates who possess the computer degree & recruited later demanded promoted first over the former recruited without computer degree and demanding demotion of the candidate who recruited former without computer degree & got promoted.
Some candidates now achieved the service of 23 yrs or more and some are less than 20 yrs & greater than 12 years and not get any promotion still.
Some candidates inserted forged degree of computer to show that we have appointed with computer degree from a recognized institution so that he might got promotion first.
Pl answered satishfactorily and advise me better solution.