Vinod Gunjal
23 July 2014 at 14:45
Condition of employer-
1-Notice period is of 90 days
2-one can adjust leaves/pending leaves against notice period.
3 pay for notice period for not serving notice period only basic salary
My question is if some served notice period for 30 days and told to adjust 60 days leaves against my notice period then they are not ready and told them in written
will not report after 10th may-2014 and no one should raise question of absconding,HR,legal ,labour issue should not be raised but later on iam not going to office for 20 days and after one letter comes to me to join office and call comes and they told to join office and will relieve you then what are the chances will they relieve smoothly and relieving letter n experience letter will get n PF settlement will get and how to tackle such situation and should mark mail to have clear cut picture on that and pls guide in details. I don't want to join but they should not spoil my career so should I join or not and explain what are consequences arises for if I said yes to join or no to join ??
DKTAZILANOM9909
23 July 2014 at 14:15
Sir, we are working in a PSU. Our duty hour is guided by the Factory Act, 1948 (Sec-51: WEEKLY HOURS. - No adult workers shall be required or allowed to work in a factory for more than forty-eight hours in any week) i.e. our daily working hour is 8 hrs and weekly working hour is 48 hours.
Sir, as per one rule of this PSU if an employee works as per the above section of Factory Act, 1948 he will be entitled to certain benefits in his monthly salary. Our PSU is giving that benefit in the monthly salary of any employee if he did not take any leave in that month. But when that employee is taking any leave in any month then he is not given that benefit in his monthly salary of that month. Our PSU rule didn’t say anything regarding denial of that benefit for taking leave. Our PSU’s justification is that as we are guided by the Factory Act, 1948 (Sec-51) when we are taking leaves we are not doing 48 hours duty in that week and we are not entitled that benefit in our monthly salary of that month though our PSU rule didn’t say anything in this regard.
Sir, our query is whether our Management is doing the right thing by denying that benefit for taking leave? Whether our entitled leaves will be treated as notional working hour or not? Sir, if possible pl clarify in details.
regards,
Arup
Jidnyesh Behere
23 July 2014 at 13:43
Dear All,
I got promotion in my organization from executive to Sr. Executive effective from April 14.
1. Can I eligible for hike with promotion?
But i am eligible for appraisal in October cycle.
If I got hike in salary in appraisal, So the difference of salary hike will from April or October 14.
Is there any rules for promotion.
If person got promotion, then it is compulsory to got he hike in salary.
Please guide me on this.
Naman Mohnot
23 July 2014 at 13:18
Whether any labour law is applicable on Sole proprietor?
sanjeev kumar
23 July 2014 at 09:07
Dear sir,
i am working since 1 st March 14 with Ayurwin pharma pvt ltd, ho at banglore,
It is a FMCG company ,
organistion has given salary and expenses till may 14 although not paid expenses for may 14 yet ,
organisation has given only offer letter till they not provide ESIC card,PF no ,salary slip send only for the month of may 14,
i alway's asking for above mention documents by mail or sms at least 20 times
but they did not give,
Now they are forcing to me give resignation, in this regard i have mailed them that either you clear my dues amount of tell me what will the my reimbursement amount and time required by organisation than i am ready to submit my resignation as well as co property,
in this regard i have mailed at least four times SMS several times but they are only replying according to organisation norms we will settle your full and final account ,
They are not disclosint amount and time requires,
As i have no faith on this organisation in this conditions please suggest me what will be the right step to recover my dues form organisation,
Regards,
Sanjiv kumar
Bihar,
O.P. Sharma
22 July 2014 at 14:08
Dear sir,
Pl advise, can a company hold the salary of employee whose contact is expired but asked to work continue.
S Kumar
21 July 2014 at 17:40
Dear lawyers
In my last query P Menu sir advice me that there is no need to file WP against WP of company.
What does it mean.
Isn't this mean that I am myself leaving my claim of reinstatement with backwages
or P Menu sir is suggesting that a reply in form of a counter reply to their Wp where I pray HC for reinstatement with full backwages will be sufficient?
One more thing as their is a section 36 in IDAct to restrict practicing advocates is there any section under which I request HC not to allow a lawyer since I am pursuing my case individually.
Thanks
S Kumar
hdshardik
21 July 2014 at 17:34
when my entity to whom esic and pf is applicable , is when they make payment to contractor for renovate his unit and contractor himself is not payning esic to his labour , is a entity is liable to pay the esic ? why? pl throw the light in relation to this point .
Humayun Khan
21 July 2014 at 16:55
MY NAME IS HUMAYUN KHAN. I WAS WORKING AS FINANCE OFFICER IN A 2 STAR EXPORT HOUSE AT KANPUR M/S SUPER TANNERY LTD. SINCE 01.12.2007. ON 21.06.2014 MOHD. IMRAN (DIRECTOR FINANCE)PUSHED ME OUT OF THE OFFICE INSTRUCTING THE GATEMEN THAT I SHOULD NEVER BE ALLOWED INSIDE THE PREMISES AS I PROTESTED BEING MARKED ABSENT FOR TWO DAYS FOR VIRTUALLY NO FAULT OF MINE. SINCE IAM A PERMANENT EMPLOYEE I WROTE EMAILS AND A LETTER DEMANDING PAYMENT OF STATUTORY DUES AND IN THE EVENT OF NON PAYMENT COMPENSATION. THE COMPANY HAS NEITHER REPLIED TO MY EMAILS AND LETTERS NOR ACCEPTED THAT THEY HAVE ILLEGALLY TERMINATED ME TILL DATE. WHAT LEGAL REMEDY DO I HAVE NOW. KINDLY ADVISE.
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Relevance from company-3
If Current employer is sending me letter to join and telling me that they will relieve me on 30 th aug-2014 then should I join or not ? If I joins then their might chances of creating a problems from my seniors and HR? Then what to do should I write a mail and take some acknowledgement from them and then rejoin or not? If no then how to get relieving letter and experience letter? If I join same company again in good faith for just relieving letter and experience letter, should I join?
And whatever days I was absent what they will show absconding? How? As I already inform that will not report then how and in such cases what employer can do and in good faith they will relieve me?? Whether they give me my all experience letter and relieving letter n PF settlement? What should I do now pls suggest and
Requesting you to suggest what to do now