Sandeep
14 September 2013 at 17:03
Dear Sirs,
I am currently negotiating an offer with a competitor of my current employer. I have put together 7 years of service in my current organization.
My organization compels resigning employees to sign a stamppaper bond that restricts the employee from joining competition or its sister companies for 2 years. The signing of this bond is mandatory to get a relieving letter from the current employer.
I would like to have advice on following questions
1. What would be the impact of signing such a bond and still joining the competition as it has offered a better job opportunity
2. Will my current employer be able to take any legal action against me?
3.Will they be able to hold my PF and gratuity funds
Thanks in advance
Best Regards,
Sandeep
ARUN KUMAR
14 September 2013 at 13:52
My friend who is working in a pvt. ltd. company has received a email from one of his manager to "STOP WORK".
now question is as per industrial dispute act "STOP WORK" is legal ? if yes then what is the status of employment?
kindly guide.
i m bhatia
14 September 2013 at 11:15
My son's F&F has been short paid by about Rs.20,000/-. Being based at Delhi now, he cannot proceed against this injustice as the IT Bangalore company has jurisdiction for disputes at Bengalore only. Engaging a lawyer to pursue case may not be commensurate to the results that may be achieved and the son can ill afford to spare time for pursuing the matter.
Plz advice the chances of recovery through the State Govt. labour department and also whether a formal complaint in letter form by the son would be sufficient to proceed with the matter or whether this patently illegal short-payment should be written off like bad debt?
Valued advice by the learned persons in the field would be highly helpful in resolving the matter. By the way I have posted a mail in forum column in my name yesterday touching upon briefly the issue involved.
i m bhatia.
Soumya
14 September 2013 at 06:07
Sir/Madam,
I was working in a software company from 2nd feb 2007 to april 30th 2013. during 1st july 2011 to 2nd jan 2012 I was on leave as I asked for leave for maternity.Company said maternity leave is 2 month and will pay for it and hence I too another 4 months which is loss of pay.
Now when I requested for gratuity company replies as below.
"we find that she has taken approximately 194 leaves during the year 2011-2012 and out of that Maternity leave is 56.
As per Gratuity Act, employee should work minimum 240 days in one financial year, but in this case she has not satisfied this condition.
As precautionary, we are obtaining expert opinion on the applicability of Gratuity payment."
So will i will not get gratuity? Experts please help.
mukesh Gupta
13 September 2013 at 14:55
Sir,
In a case the services of an employee has been terminted after disciplinary enquiry on the ground that he was unauthorised absent. Now can we recover the notice pay of three months from the employee on the ground that he abandon the service by his act which resulted termination. Pls guide. If citation is availble pls provide . THANKS
meha iyer
12 September 2013 at 23:38
I joined my organisation on 29th march 2008 and made a resignation on 12th march 2013.In between i went for maternity leave on 9th Sept.2012.As per my co. ,the maternity leave gratnted is 4 months adjusting all the leave balances and 2 additional months with leave without pay.
Kindly confirm me ,m i eligible for gratuity as per supreme court judgement.
Plz guide me.
manmohan
12 September 2013 at 19:33
i am working with an organisation under punjab Govt. as at the time of appointment they have taken my qualification certificates. but now after 9 months whenever i am asking them to give me back the certificates they says we can't give it back to you as you are under probation period of 2 years. i want to know that can i force them to give me back my certificates. i heard lot about that there is a supreme court judgement that no employer can retain the certificates of an employee
plz suggest me something on this matter and plz refer me to any judgement on this if there is any my mail id is Manmohanpatwal@ibibo.com
Vivek Anand
12 September 2013 at 13:28
I am in Kerala and a state Govt. employee. I am planning to establish a new charitable organisation. The organisation will be having an elected body or council under permanent administratorship of me. My assumption is that since I will not be an elected member of the organisation, it does not violate service rules regarding the conduct of Govt. employees. Isn't it so?
My assumption is based on this: "A member of the Service may, without the previous sanction of the Government, take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society, or of a club, or similar organisation, the aims or objectives of which relate to promotion of sports, cultural, or recreation activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force."
(The All India Services (Conduct) Rules 1968)
Am I missing anything?
skg
12 September 2013 at 12:09
Dear labor law and service matter experts,
A workman appointment letter says that he is also entitled to receive other benefits/facilities applicable to employees of his level in accordance with company rules/schemes in this behalf. During his tenure of 20 years before his retrenchment various employee welfare schemes were announced.
On his full and final settlement he found that benefits of those declared schemes were not paid to him.Since he do not want to leave the company on bad notes he received what ever amount they gave peacefully.
My question to experts now is that whether under section 33 C(2)
a) he can recover these monetary benefits declared under employee welfare schemes
b) and if on account of delayed payments of these benefits (which also included bonus as well as his gratuity) he can also claim interest @ 9% per annum u/s 33 C(2) for the period delayed .
rgds
skg
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Termination notice period procedure
Dear Experts,
What is the legal procedure of execute the termination notice period to employees on their neglect of work and non performance in sale achievement.
While they are working with us since two year