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Jigar Patni   16 December 2013 at 15:38

About notice period

Dear Sir/Madam,

I had join one company on june-2012.
now i got better opportunity so i had put resign on nov.-2013.
As per appointment term with company that, I was on 6 month of notice period. during the notice period I had 15days of notice period.
but after complition of notice period, company was not given me any confirmation letter. and as per company rule, after confirmation on job notice period will be of 45 days.
I have mention on my resign latter that please releive me on or before 2nd dec.
and i was submitted all of their thins on 2nd december & discontinue from job.
so i have question that they are not giving me any confirmation after notice period, so which notice period
will be considered?
and also they have not given me last month salary and
now they says as per 45 days notice period, your partial salary will get us and remaining 15days you have to give company or pay salary of 15days. otherwise we will take any legul action.

so please provide me better solution.

rajendrakhatana   16 December 2013 at 14:23

Provident fund act 1952

In pf malfunction who are responsible if there is cheating with employee.example I f suppose I am employee and I have left organization and applied for pf withdrawl but I have recd information that som other person or any one withdrawal my pf with fake name and with fake account no.

who are responcible

manoj   16 December 2013 at 14:01

Cat judgements

sir, is there any judgement regarding a person have FIR pending against him can join the central govt job.
it will be great for me if any one provide me.
thanks,
adv manoj kumar

kaur   15 December 2013 at 19:21

Private job

Employer uses abusives lanaguage on and off. Due to job fear I have to keep silence. The other employees are not willing for witness so same can be reported to higher authorities. Can phone recorded be sufficient proof.

sumit   15 December 2013 at 18:39

Transfer to my native place

Dear Sir

I am working in a govt bank,basically from Uttar pradesh,but posted in a city of andhra pradesh.I am at the same place for more than 4 years,as per bank HR policy after 3 years we can make a request transfer.There was a marital discord between my wife and me and also my parents due to old age are ill and need attention.I requested to my supervisors for my transfer to my native,after repeated request and application they are not giving any attention to my problem.Due to all this I am in tense situation and its effecting my health.
My question is whether the clause in the appointment letter'Bank reserve the right to post the employee anywhere in india' is not a protective shield for the employer to exploit the employee.Sir I request you all to kindly let me know is there any legal way to sort the problem

Thanks
S K

Navin Pandya   15 December 2013 at 17:29

M&m ltd. not giving proposal in writing

Namaste!

I am struggling for justice against my most unjust dismissal from Mahindra & Mahindra Ltd.

After SEBI's introduction of Listing agreement Clause 55, the Company agreed to resolve my grievances by paying compensation but the company doesn't want to do in transparent manner, ie, give proposal in writing. The company wanted to spread it over years, whereas I requested in lump sum in view of my being almost a senior citizen.
Now, there is status quo and the company does not respond further. I have only three emails as proof of company's agreement and then suspending discussion. There is not yet any further progress.

Can I file Writ Petition against the company? Kindly advise.

Best regards

Navin Pandya

hari   14 December 2013 at 15:42

Absenteeism from work

Dear Sir,
I have joined in Xyz Company where they were not issued any appointment letter for one month. Because of my personal reasons I submitted my resignation before getting the appointment letter. Then HR asked me serve 2 months notice period which is not mentioned in any paper and not disclosed properly. When I asked HR the same they said that all these rules will be mentioned in appointment letter but you are resigning before getting that letter and all these rules will apply from joining day automatically even though you are not signed any paper . From my resignation date I stopped going to office and I mention it in resignation mail as well.
But the company ID is left with me so after 15 days I send them a mail asking them that if there is any exit formalities left from side. They replied like they will get back.
After some time I joined another job where I did not show Xyz experience. After 3 months of resignation of Xyz again I got mail form them .

Total 60 days notice period shortfall due is [2 months Gross salary]


Below are my questions
is it Absenteeism from work?
Am I needed to pay that amount?
if no what I can respond ?
if yes how much I can accept to pay and what are clearances I have to demand from them ?
what about the other components like welcome kit unused, insurance ?

Could you please advise me how to proceed?


NANI   14 December 2013 at 14:39

Compensation

X' an employee goes to attend to his work riding on a bicycle and is involved in an accident in the course of journey . Is the employer liable to pay compenstation?

Manish Jha   14 December 2013 at 04:04

Notice period salary not paid after termination due to under performance

Dear Sir/madam,

I have been working with a small registered company where after dedicated and good work also due to cost cutting and internal politics they terminated me on the name of under performance.

In appointment letter sent by mail they had notice period of 2 months
whose content are like that:

You will be on a probation of 3 month. As per company policy, notice period is 2 Months.


1. At Will Employment. This is not an employment contract. Employee understands that
his/her employment with company is and will always be “at will” and nothing set forth in
this Agreement or otherwise shall prevent or limit Employee’s right to terminate his/her
employment at any time with or without notice, and company may terminate Employee’s
employment at any time and for any reason without notice.


Kindly tell me I have the right to claim legally to the company to get 2 Months notice period salary.

Here, I want to mention that after 10 months they told to sign another letter where notice period they made as 1 month. Is it legal to change notice period after 10 months of employment.

Kindly suggest.

--Manish
Bangalore

Kahnu Charan Senapati   12 December 2013 at 13:46

Provision of allowances like hra, da after reemployment admitted at the time of retrenchment.

Dear Sir,
I would like to ask a question regarding the dispute surrounding provision of allowance like DA and HRA admitted at the time of retrenchment after re-engagement.
That, l was working as a contractual employee in an establishment and at the time of retrenchment I was drawing salary in the pay scale with DA, HRA and Medicine allowance combined altogether in the form of consolidated pay. The retrenchment was all of a sudden without any notice. The contract had expired three months before at the time of retrenchment.
I was reemployed again but paid less than I was getting before. This time not in pay scale nor any other allowance that was being paid at the time of retrenchment - just a lump sum amount. I worked for a couple of months without any contract. Later, a contract was signed between me and my employer predated with a higher lump sum pay but without any other allowances as was paid before. I was also not paid arrear dues for the back period after re-engagement while signing the predated contract.
Now, I have quit the job and claimed gratuity. But claimed DA, as was provided before, to be included while calculating gratuity.
Am I eligible to receive the DA at the same rate after reemployment as I was having before retrenchment? What are the acts and rules to refer to claim DA while calculating gratuity.
Any help will be highly solicited.

Thanks.
Kanhu