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

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abhijeet   09 May 2013 at 19:25

Gratuity eligibility

Hi, My date of Joining is 10th Oct 2008 and i am planning for resignation on 15th June 2013. Am i eligible for gratuity.

Durga chatterjee   09 May 2013 at 17:56

Payment of bonus denied by employer

Dear Sir,

When i was offered employment in my company with an offer letter, the Offer letter part where Salary offered has one of the sentence stating that "Performance pay (Based on exceeding KRA's)-Payable annually for the period of April 2012 to March 2013 on prorate basis upto 10% of CTC.
Above this sentence one more sentence is mentioned that is "Performance pay component will not be in effect till March 2013".

I have resigned from the company of 7th March and serving two month notice period but as the company wants me to extend my notice period for few more days i will be working till 21st May 2013.

I have joined the company on 11th June 2012 so 20 days short i have completed an year.

I would like your help on how can i claim my performance bonus from company and what should i do to get the same as it is a amount i cannot afford to loose.

Please Help

Durga Chatterjee

Saravana Kumar T   09 May 2013 at 12:27

Poultry farms & pollution control board

Dear Legal Experts,

I'm working as a HR Manager in a Poultry Indursty.

I need some clarifications about the Applicability of Poultry Farms as per Tamil Nadu Air (Prevention and Control of Pollution). Rules, 1983, and The Water (Prevention and Control of Pollution) Cess Act, 1977 and The Environment (Protection) Rules, 1986.

Also is there any guideline for poultry farming like Punjab & Hariyan, Orissa.

Please give your advise in this regards.

Thanks,
Saravana Kumar T

HAROON SHAIKH   09 May 2013 at 11:39

Minimum wage


i am working in a an light engg. industry

for the last 10 years.i have not paid wages

according to minimum wages act.

iam working as a clerk in this firm.

can i calim for the wages uner this act.

please give your legal opinion & advice.

h.h.shaikh

staffy kapoor   08 May 2013 at 21:28

Harasment from employer

.i was employee of rajasthan judiciary .while on job,they didn’t sanctioned any leave in case of sickness,and forced me to work long hours after office time and even on public holidays.they harassed me mentally.
i was stenographer


Also they never dictated any thing to me……and asked me to write down judgement in files.and intentionally harassed me.

I worked from morning 7am to 6pm in office even when office timings where from 7am to 12:30pm



They mentally harassed me due to which I suffered from high blood pressure,and backbone pain,due to which i took medical leave on advice of my doctor, and they opened inquiry intentionally and not sanctioned my medical leave and My magistrate gave me threatening that she is going to make problems in my pension and retirement if I m not going to work long hours. And she gave me too many notices.

She gave me order to come at her residence in public holidays for dictation,infact there was no file pending in judgement in order.both magistrates manipulated the judgements .

Many times I requested for transfer to DJ,but he never agreed and told me that he will not transfer me nor is going to retire me.but eventually he retired me.fax was received on 8th august 2012 for order of retirement under section 50(2) with pending inquiry.

Atlast on 5th july I gave my VRS application but,DJ gave me chargesheet under section 16cca dated 9th july which was served to me on 16-july 2012. in this inquiry when I demanded documents ,all documents were not provided even after 2mths of application. again I wrote an application on 1-10-2012,till now no documents are provided.my gratuity and pension and some of my bills are still due.



my pf money and my medical leave ,which was not sasnctioned money is still due.

RAJIV BHARDWAJ   08 May 2013 at 17:20

Salary from law firm

My wife is working in a Law Firm (Having 2 Partner), since 2010, as a Secratory to Partner, getting a salary of Rs. 28,000/- P.M.. She has resigned from the post on 1/5/2013, she has given a 1 Month notice.

Please note that her salary for the month of March-2013, Apr.-2013, till date, are still un-paid.

Suddenly today, on 8/5/2013, one of the partner, whom she is reporting, told her on telephone that they are dissolving there Partnership and they will not pay the salary to any employee until there accounts will resolve i.e. the partnership dissolution completed.

kindly suggest now where we stand and under wihich law she can claim her legal dues.

The firm has only 4 employees i.e. 1 Secratory, 1 typist, 1 Court Clear & 1 Peon.

Pl. also note that all the employees we never get there salary on time.

Kindly suggest.

MANISH KALAMKAR   08 May 2013 at 11:21

Regarding service rule

respected sir,trial is going on against me under it act 66a,ipc 465,468,471 in lower court.i am innocent as far as this case concerned.this is case of false implication designed against me.
sir during this,i was suspended from dept from 02/12/2011 to 05/04/2013.i.e. for 16 months.in span of this i appeared for state services exam.cleared prilims.then appeared for mains.cleared it.finally selected for the post.while applying for both stages i disclosed about suspension from dept.as well as trial in lower court.notwithstanding this state service commision has selected me.now my suspension has been revoked and i am on my duty.what would be the condition put by state govt.while taking me into new job.can there be impediment while joining new service.please guide me in this critical situation.

Sridevi Damodar   07 May 2013 at 17:26

Info-employer responsibilities for night shift employees

Hi,

I have been looking for details on the responsibilities of an employer towards employees working the night shift.

- Do the employers need to pay higher salary to employees working the night shift?
- What are the facilities that need to be provided?
- Any other applicable requirement?

I have found relevant clauses under the Bombay Shops & Establishments Act. However, I could not find any specific references to night shift employees in commercial establishments.

Looking forward to your replies.

Thank you.

Sridevi

sanjeev kumar   07 May 2013 at 17:14

Dismissal/removal from service

D/Fellows,
As per the Govt. of India instructions,An employee can be removed or dismissal from service,on the ground of misconduct WHICH HAS LED TO HIS CONVICTION AND NOT CONVICTION ITSELF.Does it mean that constitution of an enquiry committee is mandatory for further probe the cause of conviction.
with regards
sanjeev kumar