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naina   22 May 2013 at 14:41

Full n final settlement of salary after giving resignation without serving notice period

Dear Sir,
If someone has given resignation due to Dress Code Policy which makes it mandatory to wear Western clothes and candidate is not ready to wear western clothes. And candidate has brought this to the attention of her HOD who suggested that she has to resign from the company with immediate effect if she can’t comply with the new Dress Code Policy. After this she has resigned from the company. Now her salary is on hold and company has told her that they are deducting fine against non complying with uniform policy of the company.And they are also deducting salary for Notice period recovery. What action an employee can take. Kindly suggest.

Regards
Naina

Sen   22 May 2013 at 13:16

Variable compensation

Hi

My CTC has some amount attributable to "Variable Compensation". The company policy is to pay Variable compensation every 6 months e.g. Amount due from April to September is paid along with October salary on 31st October and amount due from October to March is paid along with April salary on 30th April. If any employee leaves and not on the rolls on payout date i.e. 31st October or 30th April, company does not pay him / her the due amount of variable component.

So, if an employee has left the organization in the month of Feb, even though his variable compensation is due for for 5 months, he's not being paid his due share.

I want to have an advice whether employee is eligible to claim his due share of Variable compensation till the date, he was associated with the organization. Is it tenable in the court of law. If eligible, what action should be taken to recover the amount.

Manander   22 May 2013 at 11:44

Regarding experience letter

Hello Sir,

I was hired by a company named XYZ(A small frim) and they send me to work in the premises of a big company named ABC(A very big company) and that ABC company appoint me to their client location(PQR). Now I have been leave my job and the experience letter that XYZ given to is conatin the name of XYZ and PQR but ABC is not mention anywhere.

Kindly let me Know is this correct or my experience letter should contain the name of ABC also because they send me to PQR.

Richa Goswami   21 May 2013 at 16:21

Regarding mental harassment

Hi Sir,
I am Richa Goswami I was working with Advance Computer Services limited Mumbai as a Executive from last three months and at the time of joining i have signed a bond of 2 years and now my mother is not well she had gone through three surgery of her both eyes and Dr has given advice to her not to do any kind of work and do a complete bed rest so I have told to my CEO Mr Pankaj Patel that i am not able to continue the job due to this reason and he has told me that I have to submit all the documents related to operation i have done that also but now he has sent me a legal notice that I have to pay 50000 Rs against that bond and he is torturing me and my family for that money.
Even at the time of joining my HR told me if there will be any kind of genuine case than company will consider that that but now he is torturing me regarding that money since last one month even after i have submitted all the related documents.He is now telling that he will issue an arrest warrant against me.I am very much depress. Please tell me what can I do.can i file a case of mental harassment.I am not getting what should i do.But I am very disturbed because of this as mother is also not well and he is also torturing me.please tell me what should i do.

Sen   21 May 2013 at 12:02

Gratuity

I've worked for a company for 3 years. My Cost to Company (CTC) break-up contains some amount as attributable to Gratuity. I'd resigned, served the notice period and moved on to another organization. I've received my full & final settlement along with reliving letter. However, in my full & final settlement, company has not paid me the gratuity due for three years maintaining that gratuity can be paid only after completing 5 years of service, as per Payment of Gratuity Act.

My query is that as Gratuity is part of my total Cost to Company (CTC), am I eligible to claim for the same?

SURJIT MEHRA   21 May 2013 at 05:28

Bpo - process didnt come - asked to leave - no compensation

Hello sir,

I am working with the Outsourcing Industry for over 6 years now.

I joined XYZ BPO on Feb 25th, 2013. They provided training for a month however, the new (pilot) US process kept on delaying. The company attributed delay to some "technical issues at client's end". On 26th April, 2013 the company "LIED" and announced 97% chance process with them, 3% chance process MIGHT NOT come to them but assured that in any case, it will retain everybody in another process that they already have with them without any cut or decrease on the salary that they had offered.

However, the following Monday, the office cab did not arrive. On contacting, they said company will give full and final chq. for the total amount till the last working day i.e., 26th April on 15th May (Just 26 days salary, not even 30 day salary .... and also, they could have given that F&F chq. on 30th April or 01st May instead of further delaying it for next 15 days).

The company appointment letter has the following clause in it :

"During and after the probation period either side can Terminate this employment contract by giving 30 days' notice period or salary in lieu of the same. The management reserves the right to waive off the notice period. Your probation period can be extended at the discretion of the
management. The aim of this clause is to minimize the unnecessary disruption of business. The company reserves the right to terminate your employment on ground of policy, misconduct or unsatisfactory job performance."

However, this company didn't inform the trainees of mishappening going to take place and kept news of “process NOT
with them” in wraps. Had they made me aware of this mishappening, It would have given me time to prepare for this eventuality.
I want to sue this company and claim
damages as it has caused me trauma and agony. I have family to take care. It's been close to a month now and I am unable
to secure a job as I am 34 and the bpo's hesitate when they are getting fresh graduates.

I want to claim damages for this loss. At least a minimum of month salary if I go by above-mentioned clause in the appointment letter (IF IAM NOT WRONG).

Please advice, how can I take it further ...

ravi   20 May 2013 at 22:57

Need your advise to get my pf from pf organisation

Dear All
iam Ravichandra My Pf no.HR/GGN/27841/8519 and this account was deposited employer and employee from 1-04-2009 to 01-11-2010.After resigning from company i was applied thrice through company but still i have not received my PF amount.

Please advise how to get my PF.

Regards
Ravichandra

Om Prakash Pandey   20 May 2013 at 18:39

How to file case under labour law

Hi Experts
I am working in Pvt Ltd company in Delhi and i was confirmed employee i have resigned my job on 6th March and last working day is 5 th April . on 20 days working i have earn one privilege leave . during this period i have taken 12 leaves . But my employer deducted my salary of 12 days when he credited march salary in april 2013. Even Though i have 12 earned leave. when i asked he said that it will credited when full and final done . He deducted my 12 days salary according to current ctc and not adjusted the leave and leave pay given only basic salary . My query is
1)That employee can take earn leave, sick leave and casual leave during resignation period .
2) is it any govt law that employee cannot take these kind of leave during the resignation period .
regarding this nothing mention in appointment letter that you cannot take this leave during the resignation period

my company corporate office in gurgaon but registered office in delhi dwarka esi and pf no also registered from delhi .

please help me and if i correct then advise me in which state should i file the case along with court address . what is format for this and what paper required for this .

Please help me
Thanks
om

shrey   20 May 2013 at 13:28

Minimum wages

HEllo

Minimum Wage is Rs. 6000/-, may we bifarcate it into Rs. 3500 as basic wage and Rs. 2500 as HRA.

Case relates to state of West Bengal thanx

thanx