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Abhay   14 October 2014 at 10:50

Employee harassment

Dear All,

The query is pertaining to an issue related to service of one of my relative who is recently appointed in an organisation, after having experience of two years, at the post of accountant and completed around 10-12 days only since joining,

Further, still he has not been given appointment letter from his new employer and not any other documents confirm his appointment.

Now, the problem is that his new employer is harassing him mentally very much, working hours is of 10 continuous hours without overtime compensation, no lunch timing during said 10 hours of job and no leave at all not even of Sunday( all seven days working) and after all this he is treating him very badly with very abusive language causes depression at very level.

Please advice, what legal action can be take against his employer,

Thanks,


Member (Account Deleted)   13 October 2014 at 16:28

Compassionate appointment

Dear Sir,

My father was died(Dated 08-08-2010)due to some health issue.He was employed in tribal-department as Fourth class employee.After some time i applied for the compensatory appointment for me,but department suggest me you will continue your study (that days i am studied in B.E. 2nd year) and they gave "Temporary compensatory appointment" (as per appointment letter dated 30-11-2010) my Mother as Fourth-Class(same post) and she was joined and continue their job till present time.
Now,I want to claim for the Compensatory appointment in place of Temporary-Compensatory-appointment as per my Qualification (B.E. Graduate).Have any rule for claim in this situation or suggest me what to do ???

Regard's ,
Neeraj Prajapati
8109675211

PRADEEP SHARMA   13 October 2014 at 09:51

Bonus on pro rata

Respected Sir,

I'm doing work in a man power services provider team,

i did calculate the bonus as per below details.

=if(basic earning=>3500,3500*20%,basic*20%), so maximum Rs.700 per month, so yearly calculated 8400 maximum per person.

but now principal employee told me that. it will be calculate on employee working days as per bellow details.



Bonus working is as follows :-

1. Pro-rata Basis ( Nos of days, In paid basis)
2. 20% on earned basis or Rs.700/- whichever is lower.

Example :-

1 ABC monthly earned basis for 30 days Rs. 6000/- Bonus will be calculated 6000 x 20% = 1200 but pay out for Rs.700/- ( As per Policy)

2. ABC monthly earned basis for 20 days Rs. 4000/- Bonus will be calculated 4000 x 20% = 800 it is more than Rs.700/- but pay out for ( Rs.700/- / 30 X 20 = 467) ( As per Pro-rata)

3. ABC monthly earned basis for 10 days Rs. 2000/- Bonus will be calculated 2000 x 20% = 400 it is less than Rs.700/- but pay out for ( Rs.400/- / 30 X 10 = 133) ( As per Pro-rata)

so please guide me. have any clause or law in bonus act such type pro rata bonus paid.


Thanks

S Kumar   12 October 2014 at 11:13

Whether section 36 of id act amended and whether an award after enforcement date can be reviewed

Respected experts,

I want to ask that earlier practicing advocates representing a company were not allowed to appear in labour court proceedings without the consent of workman and Labour Court.

Now whether in 2014 this condition of section 36 have been abolished by any amendment.

Further can a party against whom a labour court award have been published as well as got enforced after 30 days of publication can go for its review in the same labour court or different labour court or it have no option but to file writ only in High Court.

thanks
s.kumar

Rutul Shah   11 October 2014 at 17:55

Not issue reliving letter

Dear sir,
We have some problem for our reliving letter so please help me,
Problem is: I am working one company.
I have resigned in company 25th sep, 2014.i have resigned through by Email for our manager & HR Person.
My manager & HR person are told me he is not given me to reliving letter.
My notice day is 1 month, but I have already put 23days for notice day & 07 days I have pay notice period.
We need required reliving letter
So friends we need your help & suggestion,
Any further detail required Please contect me bellow,

Thanks & Regards,
Rutul Shah
09016550115
Rutul77@gmail.com

MRINAL KANTI SAHA   11 October 2014 at 13:38

Payment of gratuity including the provision period

I have worked in a W.B. Government Registered Partnership Firm in Kolkata, since from 01.09.2009 up to 31.08.2014. I have submitted them my Notice for Resignation before one month i.e. on 31.07.2014. That means ultimately I have resigned there w.e.f. 01.10.2014. According to my Appointment letter initial 6 months from the date of my joining was my Probation Period.After successfully completion of my Probation Period, the company verbally confirmed me that my Probation Period had completed and after seven months from the date of my joining, that means from the first day of the eighth month, they have started to take my attendance in the Attendance Register.During my Probation Period, there was no attendance system of myself. Now, the company is telling that I have worked there 4 Years and 5 Months according to the Attendance and 7 months was my Probation Period, so I will not be entitled to get the Payment of my Gratuity. ARE THEY RIGHT BY LAW OF GRATUITY ? PLEASE LET ME KNOW IMMEDIATELY!

PertinSaab   11 October 2014 at 12:39

Ccs conduct rule

Govt. of India's Office Memorandum No, 22011/1/79. Estt. (A) dated January 30, 1982 para 6 States: "Where the 'acquittal by court is on technical grounds, if the Government does not propose to go in appeal to a higher court or to take further departmental action, action should be taken in the same manner as if the officer had been acquitted by the court on merits." Now my query is,Who is the "Government" , as mentioned in the above para? 1. Is it the Government of Assam?, because Mr. X had fought a criminal case in a court in Assam. Mr X got acquittal on technical ground and the court has preferred not to appeal further. 2. Is it the Government of West Bengal wherein Mr. X is serving? Now the government of West Bengal is contemplating a case of disciplinary proceeding against Mr.X, with the reason that the acquittal is not merit. Learned members may like to clarify please.

Srinivasa H V   11 October 2014 at 09:27

Delay in acceptance of resignation

Sir, I was appointed by Karnataka PU board as Lecturer in Physics. I joined on 28th June 2013. Then I resigned on 31st December 2013. Later I was informed to furnish self declaration on bond paper and family members consent. I furnished them in March 2014. But till now I have not received relieve orders. Case worker says it is sent to Joint director for signature. It is there since past 3 months. Because of this I cannot join anywhere else for job. Now, can I file a case in KAT? Can I assume that it is accepted? Can I join anywhere without relieve order??

In the bond paper I and my family members declared that I resigned on my own wish, and my family members have no objections for that. I approached concerned people but they are not responding. They are hopeless, careless and neggligent.

Santv   11 October 2014 at 00:24

About background verification of co.

I am working in a Co. for past 7 yrs now. All of a sudden my Co is asking to submit documents, proofs for Background Verification reg. Education & Employment. I have submitted all the details reg. the same.
Unfortunately Co. got closed for which I submitted Docs for previous employment & my current Co. thinks I could have faked.
My Ques. here is
1) Can a Co. ask me Docs for Background verification despite my 7 yr service in the Co.
2) How can I give some unexpected Docs for eg: Bank statement some 8-10 yrs back to justify my employment in previous Co.
3) Current Co. has already done BGC during my joining of the Co. Now they wanted to do 2nd time after 7 yrs.
4) I personally don't feel justified by Co. explanation saying Co. has the right to do so.

Kindly advise me on the above, Can any legal action can be taken.

Member (Account Deleted)   10 October 2014 at 12:56

Proof of employement

respected sir i want to know detail about probation and police verifacation in govt psu job at time of joining. my problem is that i joined a psu as executive engineer on the basis of interview. after 6 yrs of mgt of psu chargesheeted me of GIVING FALSE EXPERIENCE CERTIFACATE. during departmental enquiry my previous employer deposed that he has given certificate and produced few salary slips. and by RTI application it is proved that firm exist and has worked on various works but my psu mgt is now saying what is proof that i worked in that firm..my employer told them that after police verifaction he destroyed all documents.. plz advice me what i shd do