payal
24 August 2013 at 14:20
One of our employee wants to leave the job. He has been with us for 2 months now and is in probation period. I have following questions to ask:
1. Under his offer letter he is supposed to provide notice for 1 month while in appointment letter it is 2 months. Which one would apply in such a situation? (Employee is arguing that since he joined the job on the basis of terms and considerations mentioned in offer letter he would serve the notice for 1 month.)
2. In his offer letter a clause is mentioned as per which "he commits to work with us for a period of 2 years" but the same is not there in his appointment letter. Since no training was given to him, he says that he cannot be bound to stay back. Does this bond period has any validity? ( it is given in his offer letter that if he leaves the company before the stipulated period , the monthly deductions from his salary would not be given to him He agrees to this and says he does not want this amount.)
3. He is stating that he has got admission in some prestigious college and can not continue working with but he is not presenting any admission slips. can we force him to present his admission slips?
4. Company doesnt want to relieve him what can we do in such case?
Thanks in advance.
AKR
24 August 2013 at 11:11
I had been working for Indian Oil Corpn Ltd. As I was also preparing for civil services I took UNAUTHORISED LEAVE. After 5 months company charge sheeted me for unauthorised absence, proceeded with enquiry and finally decided "Removal from Service".
Its ok with me as I myself wanted to leave the organisation but only handled my resignation once the chargesheet was issued.
What I want to ask is that this DISCIPLINARY ACTION and the DECISION is any way going to hamper my prospects for joining Civil Services.
Kindly Help
sajjan gupta
24 August 2013 at 07:33
if a labour died of accident at principal employer by contractor in 2005 at age 19 what may be the minimum comensation can be given.
kins of labour filed suit against contractor and principal in 2006 but notice from commisioner came in 2013 march demanding rs 3.27 lacs with interest.
please advise
Indrajeet Shinde
24 August 2013 at 00:18
I was working with a listed company from June 2005 till November 2012, left company as the salaries were delayed by 30-40 days since june 2012.
I got relieving letter along with full and final statement including my pending salaries , gratuity, leave etc.
when i submitted PF withdrawal form, it was rejected on account that company has not deposited the amount, secondly company has not deposited the TDS deducted during April 12 to Nov 12 since it is not reflecting in Form 26AS. Right now iam not able to file IT return and have not got any reply to any communication with employer.
Please advice as to what should be done to recover the below:
PF Amount
Form 16
Full & final amount which includes gratuity, pending salaries, leave encashment etc. which is pending since Nov 2012.
Is there any law to recover my money immediately
The company is headquartered in Delhi and has defaulted FCCB since last Aug.
Regards,
Inder
denis
23 August 2013 at 12:11
My client has received notice from professions tax department for default in filling of the return & payment for the period from 01/04/2012 to 31/03/2013. But there was no employee in his company so there is nothing tax liability. Hence he has not filed return. Kindly help me how to draft letter to professions tax department
Advocate Suneel Moudgil
22 August 2013 at 20:08
Dear Experts,
how is gratuity calculated? kindly explain....
as per my knowledge the formula is as below:-
15/22 X last basic salary X number of completed years of service -
Dear Experts, kindly clarify Last withdrawn basic salary, is it only basic salary or full payment in hand consisting of Basic salary, DA,Medical, Education,HRA etc.
please clarify
if possible please clarify via example:
R.MALLIKARJUN
22 August 2013 at 18:26
Dear Superiors
Greetings,
One
Employee working even after the age of 58 years and having provident fund contribution except pension contribution as the pension contribution will be stopped after his 58 years he died by heart attack before his death he was absent for three months and died by heart attack please answer if his wife is eligible for EDLI Scheme means insurance from Provident fund as he was absent for 3 months before his death and he was already crossed 58 years of age
Please answer my query thanks in advance
shubhra
22 August 2013 at 14:19
Dear Members, my husband works with merchnat navy. last time he was sailing with a company on six month contract. The company,which is indian has not paid him a single penny for his entire contract period.The company's head office is in bombay.Now,plz advice what should he do to get his wages for the period he served his company?
to him should contact in bombay and other legal aspects of his case.
With Brgds:
Shubhra
latheef
22 August 2013 at 09:24
Dear sir,
I have total 11 year of service in a company, 5 years in India and remaining years in outside India.
In india I was on india payrolls and out side india I was on not on india payrolls but was on local terms but I was always considered as India employee. In this case how the gratuity is calculated. Would you please advise.
Regards,
Latheef
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