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AIZA   07 May 2021 at 19:41

my current employer forcing me to buyout the notice period!

I am to join my future employer in 2 months as my notice period at my current employer is 2 months. However when I put my papers, My current employer is saying it will release me and I HAVE to buy out the notice period of 2 months! I am not comfortable doing so and I want to serve my full notice period as I am to join the next employer in 2 months
As per my offer letter, The Notice period and Termination clause is as follows
"After confirmation of services, either party may terminate the employment by giving a minimum of 2 months notice to the other party. The firm may, at its discretion, with or without conditions, agree to waive off this notice period requirement of 2 months either wholly or partly"
(There is no separate buyout clause)
Can the employer ask me to BUYOUT the notice period when I wish to serve the same?!

Anonymous   07 May 2021 at 13:25

10 c claim

I have resigned in Sept 2019 from hdfc bank ltd however I am still not able to claim my "10 C Claim " and I have closed my salary a/c pls suggest how can I claim for the same?

chandrabhanu   06 May 2021 at 12:19

Consequences of opening ca office during lock down

Presently in Karnataka it is LOCK DOWN. Chartered Accountant service is an not essential service during lock down. So if the office opens & caught by police or Labour law department under which ACT & Which Sections they can file cases. What is the proof they can get?

Arjun Arjun   06 May 2021 at 01:33

Annual performance appraisal

Respected Sir,
I am working in central Govt as statistical investigator.In my Annual performance appraisal for 2019-20,reviewing authority mentioned some adverse remarks against me(That my communication skills are very poor).He also mentioned about the error committed by me in my one sample(But,that error was rectified by me that time itself) .But, he has not reduced my marks. He gave very good score(7. 63)to me.
Kindly reply whether this adverse remark recorded by the reviewing officer (though I got VERY GOOD grading for the period) will cause any problem to me on future

Anonymous   03 May 2021 at 21:27

Regarding gratuity payment

Dear Sir/Madam

I am having few queries in a single case. The case is, one of our employee is associated with us in a retail shop since 2013 in Haryana, hence in 2021, he has become eligible for Gratuity. We took over someone's buisness in November 2017 and operated till April 2021. Due to Covid-19, we are shutting down our business owing to severe losses.
The employee's monthly Gross Salary is ₹23,000 ( Basic-₹9,000, HRA-₹4,500, Other Allowances-₹ 9,500). The employee is Class 10th pass and had done 6 months certificate course only
My question is-
1. Is it necessary that Basic salary should be equal to the Minimum Wages of the State?
2. As per our calculations, his gratuity payable was ₹38,878. Please help me if my calculations are wrong. No. of years of service-7.5 years
3. Minimum Wages in 2018 when we revised salary, we considered him in Semi Skilled (A) worker was ₹8,969.

Thanks

Anonymous   02 May 2021 at 17:01

Criminal cases against the employer

hi

i have been dismissed by my company saying i have made false declaration about my qualification in application. fact is, for the said post prescribed qualification was Bachelor of Arts. but i have degree of bachelor of art and other post graduation and graduation course also. since i was instructed to write one relevant qualification for the post. in application have been mentioned Bachelor of Arts.

during selection process with =out handover the copy to me some signture on undertaking obtained forcefully.

I joined the company later after few year company come to know i have other qualification also, hence, they have issued charge sheet for false qualification in application, dismissed me from the service against there own rules.

Now, i wanted to file the private complaint or police complaint for illegal and unlawful dismissal for no reasons.

Kindly suggest me how i should file complaint against the company

under what are the section of IPC will attract for
1. cheating,
2. willfully knowing that unlawful dismissal wrong full loss to me and my family member and suffer my family badly for livelihood,
3. forcefully taken signature on undertaking knowingly there is no such rule in company to take that undertaking or unlawfully and forcefully obtained signature on undertaking which goes against me.
4. using that undertaking obtained by me unlawfully in the evidence, knowingly that is obtained unlawfully
5. fabricating the documents while furnishing the documents under RTI Act, fabrication by way of erasing the endorsement/decision written by HR head on the letter of complaint against me
6. forcefully and undue influence obtained signature on undertaking unlawfully
7. any other section against company or officer of company for illegal dismissal which attract criminal action

Thanks

Anonymous   29 April 2021 at 13:20

Leaving company before mandatory service period

i have joined a company with service agreement of 3 years. in one point they have mentioned that Rs 100000 have to pay in case of breaching bond. in other point they have mentioned they will not liable to issue experience certificate and relieving letter. there is no connect that if we pay Rs 1 lakh they will issue required documents.
next employer asking mandatory exp and relieving letter. service agreement is on simple paper not on any stamp.
what are the option available to leave this company. considering they will be un supportive.

Ajay Kumar   28 April 2021 at 00:37

Termination from job

I m working in a bank as bm, due to some family problem I shared my password with my team for attendance mark, no fraudulent activities done only for attendence mark, can bank terminate me on the basis of this , even I have resigned from the bank , serving the notice period, on the last day of my notice period they starts investigation for password sharing

sagar jadhav   28 April 2021 at 00:18

Reopening labour law case

person terminated as shown to be supervisor
but he claims he was workman
he got terminated in 1983 and 2002 expired
ahmednagar court case was running ,

rest details https://www.lawyersclubindia.com/forum/Re-open-old-case-143403.asp

is there chance of case open

Anonymous   26 April 2021 at 17:20

Company refusing to relieve and asking to serve more

Hi Everyone,
I am working in a company Since more than 3 year. I resigned from there and got notice period of three months and get my last working day. Just two weeks before my relieving my manager assigned some tasks that need around more two month. Now he is refusing to relieve and saying after completing that only I can get relive. I spoke with everyone in company but no use. In notice time I took some leaves but they are saying to extend it more than that (Around 49-50 days).

I can't serve more than my relieving date as I need to join elsewhere.

What can I do in this situation? If nothing works out how to get relieving letter ?