Jidnyesh Behere
22 April 2014 at 13:28
Dear Sir,
I have query regarding the basic salary.
How much minimum basic salary will be provided by organization by labour law.
How much increment we will get by percentage.
Regards,
Jidnyesh Behere
Jidnyesh Behere
22 April 2014 at 13:17
Dear Makkad Sir,
I have query regarding the maternity benefit in IT organisation.
My wife working in IT organization, she applying for maternity leave & what are the terms & condition for salary obtain during this period.
Maternity benefit during leave period will be based on basic salary or CTC.
How much salary will she got during this period.
Salary is payable on monthly basis or after joining of maternity leave.
Please guide on this.
Regards,
jidnyesh Behere
yashi
21 April 2014 at 15:34
Sir
I m working in a software company n recently i gave resignation on medical bases after taking my maternity leave and 2.5 month leave extension. Now my HR ask me to pay one month salary.
In my company policy these points are mention:
11. Termination of Employment:
a. Either party can terminate this contract of employment by serving one month notice in
writing or salary in lieu thereof. However, the Company at its discretion may waive off the
requirement of the employee to serve one month notice period and relieve him/her earlier
than that.
b. During notice period employee shall not entitled for any earned leave and no adjustment
of any un-availed leave against the notice period shall be permitted.
c. Notwithstanding anything provided herein above, the Company will be entitled to
terminate the employment of the employee without prior notice or any salary in lieu thereof
if-
i. The Company is satisfied that the employee has become incapable of serving the
Company by virtue of physical or mental infirmity and the satisfaction of the Company in
this behalf shall be final.
ii. The employee commits breach of any clause of this Contract or misconduct.
iii. Business or economic exigencies require so. Misconduct includes, Insubordination or
disobedience of any lawful order or instruction, insolent behaviour, being under the influence
of drugs or alcohol during working hours, dereliction of duty, irregular attendance, leave
without approval or unauthorized absence, theft, misappropriation or defalcation of any funds
or property, any financial losses due to negligence or doing any act prejudicial or subversive
to the discipline of the Company.
iv. Employee’s conduct and behaviour at the workplace is in violation of any terms of this
contract, company policy, any law, rules, regulation or orders applicable to the Company
or other standards of conduct, or in violation of moral and legal turpitude including sexual
harassment.
d. In case employee remains absent from duty without prior approval/proper authorization for
a period of three days consecutively this act of the employee shall amount to abandonment
of the job and will amount to deemed resignation from the services of the company without
giving proper notice as required in clause 12 (a) or (b) of this appointment letter. This
deemed resignation will be effective from the first day of such unauthorized absence an
employee will be liable to pay salary in lieu of applicable notice period along with any other
amount due from him or her.
e. When the employee’s employment with the company ends, the employee shall return to the
company or property/assessts provided to the employee by company for performance of his
duties as well as contents, in whatever media, including, without limitation, all confidential
information, papers, drawings, notes, memoranda, manuals, specification’s, designs, devices,
code, email, documents, diskettes, tapes and any other material pertaining to company’s
business. All data and information stored on or transmitted using the company owned or
leased equipment is the property of the company.
Please advice me what should I do so that i cannot give one month salary to company.Pleas reply ASAP.
P.C. Joshi
21 April 2014 at 14:51
Dear Friends,
One of my friend completed 12 years of pensionable service in 2007.r that he worked some more organisation but on every occasion, he withdrew EPF & FPF compeltely. Right now he is working in a company for last 3 years. He is planning to do own business now. Is it possible if he instead of withdrawing the family pension would like to merge the same with his pension due from 1st company.
Thanks\
P.C. Joshi
Muskan Raj
21 April 2014 at 13:14
Hi,
I joined Rooja Fashions Pvt. Ltd. in September 2013 as a designer cum merchandiser. The company couldn't pay the salary properly from the very first month only. They started paying the salary by splitting into parts. When a question was raise against it they said copmany is going to a downfall and assured its going to be fine.
when after spending few months (i.e. from sept. to Jan 2014) the situation didnt seem any better I decided to resign. While resigning they promised me to clear my dues within a week. But since then they are just ignoring things by saying that company is bankrupt and simultaneously they sold the company to some other firm.
How do I make them pay my leftover salary to which they promised to clear in a week?
W.Krishna Murthy
21 April 2014 at 12:43
Is there any chance for issuance of renotification of gratuity act as several thousands of employees affected
Ashish Rana
21 April 2014 at 00:26
Hi,
I was working with Limited company in Chandigarh. I joined X limited on 19th July'13. I was working their as a project head. But on 8th Jan'14, the ask me to leave the company without any prior notice,by saying that they will clear all my dues after 45 days from my re leaving date.
The company was not doing good in domestic area. But till now my salary and dues are not been cleared...please suggest
ashokkumar
20 April 2014 at 20:28
Hi,
I was recruited for Kuwait company as a contract employee by Indian based company. My initial contract was signed for 9 months and then the contract extended for 12 months. I didn't renew my contract on last November due to salary issues.
I have resigned the contract job on March 2014 and my Indian employer accepted it.
The Kuwait client asked my Indian employer to transfer my work permit to local sponsor, but they had some agreement problems.
My Indian employer send me back to India after cancelling my work permit without informing client or hand over the pending work. In that last week, they kept my passport for visa cancellation and hold for more than 6 days. And my Indian employer got my signature in the final settlement paper from their
local Kuwait sponsor, without paying salary dues.
I stayed in Kuwait room without any proper document for some days, so I send mail to VP & HR manager of the company about the below issues,
1. work permit cancellation can be done in 2 days, but holding my Passport for more than 5 days.
2. Questioned about the final settlement paper signature from Kuwait sponsor(my Indian employer sponsor) without salary dues.
3. company paid salary after deducting 10% tax every month and provided me with form 16A. So I questioned why I was taxed for Kuwait earning and then asked to sign local sponsor final settlement paper.
After coming back to India, they are not issuing my experience letter, relieving letter and salary dues. They are asking me to sign apology letter for sending mail to Vice president of the company.
Is there any Indian law allow employer to hold the experience letter and salary dues for this case. Is there a way to get this document through legal?
ashokkumar
20 April 2014 at 19:59
Hi,
I was recruited for Kuwait company as a contract employee by Indian based company. My initial contract was signed for 9 months and then the contract extended for 12 months. I didn't renew my contract on last November due to salary issues.
I have resigned the contract job on March 2014 and my Indian employer accepted it.
The Kuwait client asked my Indian employer to transfer my work permit to local sponsor, but they had some agreement problems.
My Indian employer send me back to India after cancelling my work permit without informing client or hand over the pending work. In that last week, they kept my passport for visa cancellation and hold for more than 6 days. And my Indian employer got my signature in the final settlement paper from their local Kuwait sponsor, without paying salary dues.
I stayed in Kuwait room without any proper document for some days, so I send mail to VP & HR manager of the company about the below issues,
1. work permit cancellation can be done in 2 days, but holding my Passport for more than 5 days.
2. Questioned about the final settlement paper signature from Kuwait sponsor(my Indian employer sponsor) without salary dues.
3. company paid salary after deducting 10% tax every month and provided me with form 16A. So I questioned why I was taxed for Kuwait earning and then asked to sign local sponsor final settlement paper.
After coming back to India, they are not issuing my experience letter, relieving letter and salary dues. They are asking me to sign apology letter for sending mail to VP.
Is there any Indian law allow employer to hold the experience letter and salary dues for this case. Is there a way to get this document through legal?
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Bonus
there are varied views on whether to consider only basic pay or the gross remuneration for arriving at the eligibility of payment of bonus to the employees.
kindly advise whether to calculate the gross salary or only the basic salary should be considered under payment of bonus act ?