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
Sonia Prabhu
11 September 2013 at 18:09
Dear experts,
My sister is in an IT firm for 16 yrs and her designation is AVP.. for many years she has not got any promotion. Last year she developed a special unit for herself and after that flourished management appointed a mail candidate on her designation and asked her to resign. She denied it and asked them to issue her a notice but they did not do so. Since 1 yr she developed another unit which she got a new market and even today they did the same thing the management placed a male candidate and took her work away, they are forcing her to resign.
I want to know what should she do and what are her rights in this. How can she be protected from her rights.
It is a male chauvinist issue. She is going to mental harassment .
SHASHIDHAR A
11 September 2013 at 08:50
Dear Sir,
One of our employee resigned. Post which she opted to withdraw but the Management did not accepted her request. Now the case is in Labour Court.
Now the Court has sent summons asking to produce original RESIGNATION, email correspondences and Employee Id Card. Unfortunatly we lost ORIGINAL RESIGNATION letter, we do have email correspondences and the employee has not surrendered her Employee ID Card.
We can produce the correspondences and will mention that the employee has not surrendered the ID Card.
The advise required is as we lost ORIGINAL RESIGNATION, can we submit PHOTOCOPY OF RESIGNATION by mentioning CERTIFIED TRUE COPY and getting attested by Head of Unit. Will the Court consider this copy towards Evidance or are there any other ways to solve this issue.
Humbly request to provide solution to this issue.
vijay singh Mob.No 9621707070
11 September 2013 at 00:03
Sir,
maine 3dec 2009 ko resign kiya aur mera resigntion isi date ko accept ho gaya. mera pf and other benefits about 1.5 years main mujhe DD ke dene k liye bulaya gaya. Lekin main time par nahin aa saka . Aur about to 4 years ke baad year 2013 main usi same amount ka wahi DD date change kar ke de diya gaya.
Sir, main ye janana chahata hoon ki kya mera PF and other benefits kya wahi rehega?
Kya company dwara diya gaya mera purana PF amount increase nahin hoga?
Kya rules and regulations hai, is tareh ki situations main?
Kya mere paas koi reamedy hai?
Raj
10 September 2013 at 23:38
Hello, I am a shop keeper in delh. now a days an employee who is working with me for about 25 years of is now causing troubles. he is also having an advance of around 4 lakhs in cash and cheque. My query is how can I terminate his job and fire him out of my shop.
k.g.agarwal
10 September 2013 at 18:20
I was given a appointment as sales supervisorin a company.
first year the appointment was in there some staff managing company(form only to first test the employee). after 12 months they have given me a permanent appointment in the company itself. the appointment letter was signed by the director of the company.now just due to some difference of opinion of working my sales manager has given an e mail of termination of my job and made my e mail account of comany inoperative.
I have served the organisation for 18 months and by my hard work created a lot of new customer for this company which will give frequent repetitive order.
now i would like to give notice for this illegal termination.
i would like to know what maximum compensation i can ask by the company for this illegal termination. and what should be different head for the compensation like
mental agony,salary of future period etc
Shah Nawaz Bakht
09 September 2013 at 23:27
Sir,
I was appointed as an auditor in U.P.Govt.department on adhoc basis. I joined my duties on 21/04/1979.My department regularize my services vide order dated 04/09/1984. There is no break in my service.After that my department permanent me on 01/10/1986 Now after comleting 60 years of age I was retired on 31/07/2013. So my lenth of service is 34 years 03 months 10 days.Now the pension office is not taking the period from 21/04/1979 to 03/09/1984 as a qualifying period for pension.
You are requested to please let me know whether the period from 21/04/1979 to 03/09/1984 will be include in qualifying period of service or not. Please mention the rule/G.O.also.and oblige me.
Yours Faithfully,
Shah Nawaz Bakht
Retired Senior Auditor
Avishek
09 September 2013 at 22:35
I am dealing with a case in labour court wherein an applicant has interalia prayed to reinstate in her service as a receptionist cum phone operator in a company wherein her service was deputed by my client. My client is the provider of human resource to its several clients whom has entered into an agreement of providing human resource to their human resource department.
My client has an agreement of providing human resource with the company where from the applicant has been terminated.
My client had selected the applicant on the basis of interview and resume as well as had entered into an agreement under which my client can depute the applicant to any of its client with whom my client has an agreement of providing man power.
The applicant was deputed to the company by my client.
However on receiving complain of misconduct from the company by the applicant , my client had terminated the service of the applicant in compliance with the condition of agreement regarding misconduct by the employee and prior one month notice or one month salary before termination executed by my client with the applicant.
hence my queries are hereunder:
1.whether the case instituted by the applicant against the company in the labour court praying reinstatement of her service along with permanency in the said company wherein her service was deputed by my client on the basis of her uninterrupted six year service is maintainable under industrial dispute act 1947?
2. whether it is at all an industrial dispute within the purview of I.A Act 1947?
3. whether my client has any liability under section 25 F of the Industrial Dispute Act 1947 although my client had terminated the service of the applicant after receiving compliant of misconduct from the company in compliance with the express agreement clause regarding misconduct and prior one month notice or one month salary before termination between the applicant and my client?
krishna kumar
09 September 2013 at 18:55
dear sir, good evening
i am krishna kumar working in defence research devlopment organization leh as post of STA.I selected in bank as post of agriculture finance officer.i was apply in bank during service period without permission of office. i want resign from present organization with information like i selected in bank.or resign from personal reason.
plz give suggestion what to do for future point of view as soon as possible..
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Charitable organisation and govt. employees
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?