mohit sharma
24 July 2014 at 12:48
Dear Sir,
SBI recently issued an advertisement for recruitment of Special Management Executive
https://www.sbi.co.in/portal/documents/44978/143453/CRPD+AD_July2014+issue_Eng.pdf/4c8ca38c-cafa-480c-a9a6-e0359a2f3c4c
I belong to People with disability (PWD) - Hearing Impaired (HI) category. It is observed that SBI, in it's above recruitment, have not reserved any seats for HI candidates in PWD category. Is it not must for a PSU to have reservation for all 3 disabilities (hearing, visual, orthopaedic) if they have reservation for PWD category in their advertisement? Why the discrimination for HI candidates?
thanks in advance
anil karnad
24 July 2014 at 09:30
sir, I had resigned from my employment of 12 1/2 yrs in July 2014, a the time of final settlement the leave encashment was calculated as follows :
(Basic monthly salary / 31 days )x balance priviledge leave
But my argument is that since I was the head of construction and through out my tenure with the employer had to visit & also stay for short as well as long durations overseeing/ supervising construction of factories, industrial units , the factory act should be applied for my leave encashment which should have been as follows :
(Gross monthly salary/ 26 days ) x balance priviledge leave
The employer is in the business of designing & constructing big factories/ industrial units on lumpsum turn key basis for oil, gas, petrochemicals, fertilizers and the clients are PSU's, private investors, listed companies.the scope includes construction, precommissioning, commissioning, operation of plant until guarantee test run & so on.
The employer is contesting that , the factory act is not applicable to me because I was above manager level & so on throughout my tenure with the employer.
Can you pl guide me and also sight the relevant law, paragraph , clause, section -- which is pertinent & befits correct interpretation.
regards,
SLall
24 July 2014 at 07:48
Sir/Mam,
Recently I came across an offer which required the candidate to join them within a duration of 30 days. As per the offer letter the notice period is 90 days in my present company.
I am ready to pay salary in lieu of notice period shortfall still my supervisor is not reliving and want me to serve full 90 days notice else he will issue an absconding against me. I have read several posts on this website pertaining to similar issue and the opinion that has been suggested by experts is that employees does not stand a good chance in this case.
My offer letter states that "After the expiry of your probation period, if you decide to leave our employment, for reasons other than retirement, you are required to give us three months notice in writing. If the company decides to terminate your employment, the company will also give you three months notice in writing. Also, it states that " The company reserves the right to make payment in lieu of notice in respect of Total Fixed Pay"
Also, after reading my company policies properly there is one clause of voluntary unemployment which says that if an employee chooses not to report to office continuously for seven days than company reserves the right to accept payment of the remaining days as a full and final settlement. So is this not contradicting their stand of issuing an absconding if I do not report to office after serving 30 days of notice.
My question is as follows:
1) In India, for a contract to remain valid (not null and void) it has to be enforceable from both sides. I mean it should be equal from both sides otherwise it becomes null and void. Hence, if a company is allowed to make payment in lieu of notice than is it not allowed at the end of employees. Can we not legally challenge a company?
2) I have written several letter to the management stating that as a good HR practice they allow me to buyback 2 months notice however, I have not received any revert from them.Is it possible that company even after full and final settlement is done (accepting money for days not served, or assets held by an individual) not issue a relieving letter?
3) If my new company is ready to take me on board without having acceptance on my resignation from my present company, do I really require relieving letter of this company. Documents to prove my association with this company for future include: offer letter, last three months salary slips, increment letter, resignation mails, handover mails. In future if I switch to some other company, do I require to submit previous to company's relieving letter or any document from above such as resignation mail + salary slips or increment letter can work out?
Kindly advise.
Thanks and regards,
anil karnad
24 July 2014 at 06:10
sir, I had resigned from my employment of 12 1/2 yrs in July 2014, a the time of final settlement the leave encashment was calculated as follows :
(Basic monthly salary / 31 days )x balance priviledge leave
But my argument is that since I was the head of construction and through out my tenure with the employer had to visit & also stay for short as well as long durations overseeing/ supervising construction of factories, industrial units , the factory act should be applied for my leave encashment which should have been as follows :
(Gross monthly salary/ 26 days ) x balance priviledge leave
The employer is in the business of designing & constructing big factories/ industrial units on lumpsum turn key basis for oil, gas, petrochemicals, fertilizers and the clients are PSU's, private investors, listed companies.the scope includes construction, precommissioning, commissioning, operation of plant until guarantee test run & so on.
The employer is contesting that , the factory act is not applicable to me because I was above manager level & so on throughout my tenure with the employer.
Can you pl guide me and also sight the relevant law, paragraph , clause, section -- which is pertinent & befits correct interpretation.
Pratish
23 July 2014 at 23:54
Dear experts,
Months No-Days worked Paid Unpaid
Aug-09 24 28 1
Sep-09 26 30
Oct-09 26 31
Nov-09 20 29 1
Dec-09 25 31
Jan-10 26 31
Feb-10 21 28
Mar-10 26 31
Apr-10 25 30
May-10 18 23 8
Jun-10 5 8 22
Jul-10 25 31
Aug-10 27 31
Sep-10 21 30 1
Oct-10 15 31
Nov-10 25 30
Dec-10 12 13 18
Jan-11 25 31
Feb-11 25 28
Mar-11 24 31
Apr-11 25 30
May-11 23 29 2
Jun-11 13 30
Jul-11 18 29 2
Aug-11 24 31
Sep-11 12 18 12
Oct-11 10 13 18
Nov-11 27 30
Dec-11 26 31
Jan-12 24 31
Feb-12 22 29
Mar-12 19 27 4
Apr-12 24 30
May-12 24 31
Jun-12 16 30
Jul-12 23 31
Aug-12 22 30 1
Sep-12 17 23 7
Oct-12 23 30 1
Nov-12 23 29 1
Dec-12 27 31
Jan-13 26 31
Feb-13 14 28
Mar-13 22 31
Apr-13 25 30
May-13 23 31
Jun-13 23 30
Jul-13 24 31
Aug-13 23 31
Sep-13 23 30
Oct-13 21 31
Nov-13 26 30
Dec-13 26 31
Jan-14 23 31
Feb-14 23 28
Mar-14 21 31
Apr-14 23 30
May-14 24 31
Jun-14 16 27 3
Jul-14 26 28 3
Aug-14 3 3
1723 105
Note: I will complete 5 Year of service on 3rd of Augest 2014
Kindly let me know, whether I am eligible for gratuity or not, after refering above attendence
PFAC and please let me know the law / section or amendment that I can refer to for this
Regards
Pratish.M
Paul
23 July 2014 at 20:41
Sir My Father is Railway Employ in Thoranagallu, Hubli (Division) and died in the year 2005, my Mother got Family pension for 1 1/2 year and she too Expired in the year 2006, from then i used get the Family pension till i complete 25yrs in the year 2008, as i unaware of the pension will stop at 25yrs, so one of family friend suggest the pension will come if we reproduce the documents of Unemployed, Unmarried/Single. It has taken for 2 yrs to arrange the documents and submit in the year 2010.
In the same Year (2010) i Got Married and settled in Hyderabad.
1. Applied for Extension of Family Pension to the Un-married Daughter
2. Produce the Marriage Certificate and asked for the Arrears settlement for the Period June 2008 to June 2010 (2 Yrs).
3. Visited frequently for the progress of the file, said and postponed by telling of the pending documents to submit
4. Finally the file has moved to accounts for settlement (July 2014)
5. But the Accounts People are saying the file will not accept because i got Married and why should the dept has to give pension arrears.
6. As per the Rule of Railway Board Containing in PARA 2 in RBE . No. 116/2007 it mention unmarried has get the pension till she get Married, but the pension has been stop for 2 Yrs and i am asking for the same 2 yrs. as i got marriage in 2010
7. But After 4 Yrs they are rejecting the file by saying some clauses
i request to guide me to get my Pension/settlement for the 2 yrs
Regards
Amit
23 July 2014 at 20:23
Hi,
I have been asked last month-end to resign from services or I will be terminated.
I have sent resignation on e-mail. But my salary is on hold till today. MD is asking to return all company material for release of salary.
I am offering them material for last two weeks over phone as well as mails but nobody is taking material back or replying.
My salary & monthly marketing expenses are still on hold.
Till today I am also not given the reason for asking the resignation.
What should I do now?
Regards
AMIT KUMAR SHARMA
23 July 2014 at 17:25
My employer is not giving clearance letter can I get my PF without letter from last employer and what is the process to get PF without letter of last employer.
Kindly help.
amit
Vinod Gunjal
23 July 2014 at 17:07
If Company agrees to do Full & Final settlement then what it means whether it means company is ready to give relieving Letter or whether it means company is ready to give Experience Letter or ready to give both?? Plz explain what it means?
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Denied rightful benefits apart from salary by higher management
sir/madam,
I need to know my rights and required steps on the below mentioned problems of my colleague.
1. Joined PSU Bank on 20th july 2012 in assam and applied for home leave fare concession on 5th june 2013 to travel home on 20th july 2013. As he didn't get a single reply on acceptance or rejection till travel date so left for home. again applied for reimbursement on 17th march 2014 but was informed over phone on 23th july 2014 that the reimbursement is not possible since it was not approved earliar.
2.As an officer from outside north east region is eligible for both HRA and lease accommodation, an agreement is simple paper was made in bank's format on 1st sep 2013. this was adviced by higher authority and a mail of approved scanned copy of then CRM was sent for reference. But in june 2014 it was informed that it should be in stamp paper. when the same was sent, the official denied to accept a notary done agreement and asked for another new format in stamp. they even denied to pay from September 2013, i.e., when the agreement with landlord was made.
please legal experts advice us.