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?
Sanjay
20 April 2014 at 01:59
I have joined Income tax dept as direct Inspector in Nov 2008. A Apex Court decision came on 27.11.2012 wherein it was held that seniority of direct Inspector is to be taken from initiation of recruitment process. Hence, My batch should be given seniority from 2005 i.e initiation of recruitment process. There was no DPC held in F.Y 2013-14. I qualified departmental exam for promotion to ITO in 2013.In the mean while restructuring finalized in Dept, by which major additional seats for ITO are declared by the CBDT board. Now in in F.Y 2014-15 eligibility list is published.For F.y 2013-14 I am not considered because was not fulfilling eligibility criteria of passing departmental exam as on 01.1.2013. I am considering for F.Y 2014-15. There is approx 200 seats in F.Y 2013-14 for promotion in ITO. Due to which juniors of mine who have fulfilled eligibility criteria will be promoted. My question is I am eligible before DPC . Should I be considered for F.Y 2013-14. Is there any provision of merger of seats of F.Y 2013-14 & 2014-15? One more Point is in my Mind that if Apex court decision was not announced I will not lose my seniority because some of candidates of my batch will be considered in DPC for F.Y 2013-14 as per old seniority from 2008. Apex court decision was like a sudden change in rule.Before its pronouncement no one was aware of it. Due to this sudden change in rule, I am losing my seniority. Is there any judicial decision on identical issue so that I can fight for my seniority.
Ekant kumar
20 April 2014 at 01:39
Someone has filed a fake fraud case on me due to which my company terminated me and now they are not giving me my exp. certificate or relieving letter. I work in IT organisation . What should I do???
ASIT
19 April 2014 at 21:20
Dear Sir, I have 3 Acres of rubber plantation in Kerala and I appointed a labour for tapping the rubbers. I do not have any written contract with him. He is working per day scale. Now he is not do his job properly and he is demanding huge amount as end of service benefit. He is also threatening me that he will not allow anyone to work in my plantaion.
1. Is he entitled for Any end of service benefit. If yes how much for an year?
2. What is the legal prceeding to face his treatening and employ another man.
Advice from Keralite lawyers highly appreciated.
SUSHIL KUMAR
19 April 2014 at 14:40
IF ANY SUBCONTRACTOR OR ANY EMPLOYEES VIOLATE SAFETY GUIDELINE, COMPANY CAN PUT ANY MONETARY PENALTIES ON THE EMPLOYEE/SUBCONTRACTOR
Bharat
19 April 2014 at 11:16
1. Whether employees engaged on daily wages(cash basis) comes under purview of the Provident Fund Act?
2. For Provident Fund does an employee has to work for minimum period/days in an year? If yes, how many days at least he is required to work in an year?
The main problem we are facing is we hire few persons(gang)for work for a day or for few days, sometimes through contractor or sometimes directly, so the point is employees in a gang are not certain; anybody can come for work or we might hire a different gang for the other day. Now does such employees are entitled for provident fund and other benefits like ESI, etc??? Thanks
s srinivasan
18 April 2014 at 18:37
Hello,
I am working as a airline captain with a PSU for the last 14 years.
I intend to resign. My company has a mandated 6 month notice period.
in a recent judgement by mumbai high court is has been said that the service conditions of employees (including self) has changed.
Management has accepted the same by giving a staff notification with 21 days notice period with regard to change in emoluments.
My query is do i really have to give 6 month notice period?
If the answer is NO. please elaborate clearly!
Regards
Capt. S. Srinivasan
Dheeraj Kaushik
17 April 2014 at 18:08
Sir, please advice me in which case under the Industrial Disput Act 1947 ' ESPOUSAL' is required and in which type of case not required
priyanka
17 April 2014 at 16:03
Dear sir,
please guide me.....
There is a issue regarding full & final settlement claim after resigning a job. I joined a company in May'13 and resigned a job in Ma'14.
In my offer letter, there was a clause for performance incentive-entitlement of performance incentive could vary based on individual performance and paid to confirmed employees only.
After that in my appointment letter, there was a clause for performance incentive-entitlement of performance incentive would depend on company as well as individual performance and will be payable to those who continue to be on rolls till 31st mar of each year and will be paid after completion of the appraisal process.
Sir, my query is that...
1) There is any remedy for me to claim performance incentive because at the time of offer letter they are not told me about the condition of PI as per appointment letter.
2)I also worked late hours, which is also not paid to me. There is any guidelines for late hours working in the labour law for harassed persons.
Please sir, help me....
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Employer not issuing experience / relieving letter and salary dues
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?