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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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P.C. Joshi   07 June 2013 at 14:30

Termination of services

Dear Friends,
your inputs on the following query are needed.

A Ltd has appointed B as a Area sales manager In Mumbai. The date of appintment is Sep 2011. As per appointment ketter the period of probation is six month and unless confirmed in writing deemed tobe extended automatically. Somehow the performance of B has not been satisfactory hence, his probation period was extended time and again. On May 10th he submitted his regisnation but after discussion with sales head he withdrew his resignation. The company issued him letter of confirmation on 22nd may which he acknowledged on 24th May.

Now on31st may the company received a verifcation call from another Company stating that this gentleman has been working with them since 20th May 2013, which he has never disclosed to the Company. When enquired he sent his resignation on 7the June stating that he is resigning from his job since 20th May(back dated)

As per his appointment letter he is suppose to give 1 month notice or salary of 1 month.

The management wants to terminate his service and forfeite this salary upto 20th May.

Pls help me with your views that as a legal manager what should I do to safeguard any legal complications on the company later on . can I terminate his service due to misconduct of working elsewhere without tendering resignation. Can I demand one month's salary for lack of notice or adjust his 15days salary and other dues against one mnoths notice pay.

Pls share your considered views on urgent bais.

Thanks & Regards

P.C. Joshi

Gurleen   07 June 2013 at 13:53

Salary and full and final settlement!

Dear Experts,


Kindly Help me with the issue regarding my salary and Full and Final.
I worked with an Educational institute, registered as a society for 10 months and i resigned due to salary timing inadequacies.
My last working day was 10, April,2013.Its been more than 45 days now that i left the company but my Feb, March and 10 days April salary is due and they are not responding in spite of several reminders.

Kindly guide me what should i do next and also i would like to know that what is the procedure if in case a company is running out of Funds to pay salary ??

Can they not pay Salary of its ex and current employees?

Kindly Provide the quickest Solution to get the money back.


Thanks in Advance.



Vishwajeet Mathur   07 June 2013 at 13:36

Permanent at same job

Sir I am working in a U.P.goverment school for last 10 years continosoly on adopt basis. My salary is 1000 Rupees per month.
Sir there is any provision in any act by that i will be permanent at same job.

Santosh   07 June 2013 at 11:40

Esi & pf

Dear Expert,

Kindly help me in following issues...

1. Suppose a co. has its H.O. in Delhi and it is having its retail stores in Delhi as well as in other states of India.

Now the question is- can we deposit the ESI of employee employed in store in other states(say Maharashtra) centrally i.e. in Delhi itself or we have to deposit it State wise.


2. Meaning of Salary for the purpose of PF Calculation is-
Basic+DA+Retention Allowance
or
Gross salary

3. If co. appoints internal auditor, is the provision of PF and ESI are applicable on internal auditor or not? (just like other emloyee internal auditor is also working in the co.)

Kindly solve the above query as soon as possible.
If possible site some judgement over the matter if any.

Thanks

Gorthi   07 June 2013 at 10:41

Labour law-pf,pt and esi act

Dear Experts,

We have Trust registered under the Trust act where PF, PT and ESI is applicable from Jan'13 on wards. Due to the some administrative issues we could not get registered under the respective acts in Jan'13.
However in June'13 I got registrations codes under three Acts. Now I figured out Principal amount, Interest cost(Us 7Q of PF ACT) and Damage charges (Sec 14B of PF act) .
My question is
1) can I pay the Interest and Damage charges along with the principal amount with out demand raise by the department?

2) If Yes, how do I the amounts i.e what challen should i fill? any other administrative procedure should i follow?


Regards
Aditya

NIKHIL   06 June 2013 at 22:49

Compensation from employer

Sir
Around 10 years ago my uncle works in a export house but unfortunately he got paralyzed at his work place. Then he left his job because of disease. Now, i want to ask that is he able to claim compensation from company and salary of previous years. As he is unemployed till now.

Pratik   06 June 2013 at 17:29

Nagar plaika parishad act on hssc school priniciple

I am from Madhya Pradesh and here one case is ,going on , in which I need your suggestion and guideline.

District Nagar Parishd run the HSSC school and result of school is not good for which they(Parishad) are saying that Principle of the School is responsible , Principle have his own probs that school does not have enough teachers and staff since 10-12 years and few more and Principle is keep asking for the new teachers in written but no response from Nagar Palika... in first look Principle looks correct...

Now some of the Parishad member have passed the Prastav to suspend or remove the principle from his post due to bad result of 10th and 12th and some other senior lecture to assign the Job of priniciple...that prastav is passed and now its in hand of CMO (Chief Munciple Officer)

Now I want to know as per act -

1. Can Nagar Parishad and ward member can bring this type of Prastav against the Principle ?

2. Is CMO or Parishad have power to suspend or replace the Principle of school

3. if Parishd can not bring/pass this kind of prastav then what can be the legal action against them ?

4. what option principle have to save his dignity and post ?

Rajeev M   06 June 2013 at 13:49

Query on voluntary abadonment of services

My wife have taken 3 month leaves(paid from my leave account) after conceived(from may-2012) and resume duties in august-2012 and continue worked till nov-2012.Further I went for my maternity leaves 4 weeks prior to my due date(from dec-2012),company has granted me 84 days paid leaves.
Due to complicay dcotor has adviced me take rest for 3 months from my delivery date(02 jan-2013) adn company accepted the same. but after 3 month doctor again adviced me to take rest for next 3 months.I aske the company to extend it up to july 1st week 2013 but they refused & asked me to join on or before 10 jun 2013,
Otherwise it will be considered as Voluntary Abadonment of services from my side and compay will take necessary action.

I have few quries:
1) Can it is considered as Voluntary abadonment (as i Informed continuosly through email and recive there replies also)and this is as per which act.
2) Can company terminate me even I have produced the medical certificate.
3) I had completed 5 years of service in may 2012,can they hold my gratuity based on this.
4) I am not giving resignation,can they asked me for force resignation and bound me to serve notice period.

I am not in position to join before fisrt week of july.

Please help me legally to get out of this situation.

Regards
Rajeev M
9868440377

SIA...............   06 June 2013 at 12:02

How is gratutiy calculated .............pls reply as soon as possible .

Hi Sir ,

please hlp , how will be gratuity calculated .
1) AS PER LAST SALARY DRAWN or
2) ONLY ON BASIC AS DA IS NOT MENTION in SALARY SLIP .

Also note basic salary should be how much of percentage compared to gross .

As in my case its only 30 % of gross .

Thank You.

jacob   05 June 2013 at 21:38

Letter of engagement to trainee

Dear experts

Is it advisable to give a letter of engagement to trainees (engineering graduates Btech/ MCA)taken on 3 months training with stipend at a software company?

Also is it advisable to give experience letter to trainees on being relived/or training being terminated by the employer (on humanitarian grounds).

When will Apprenticeship Act applicable. Is it applicable to trainees taken by a software company by its own not under Apprenticeship Contract?