Amit
24 April 2013 at 16:28
If an emloyee getting retired from the service after attaining the 58 years age and his pf settled from there. After that if he again rejoin the same organisation after retirement. can we deduct his Pf under the act or not. Please also mention the Paragraph under which pf deduction made or not.
thanks/regards,
Amit Kumar
avnish saxena
24 April 2013 at 16:18
If any employee is suspended and/or near to superannuation but huge amount required to be recovered from him, then what remedy will be available with an employer.
pls also educate that if said recovery does not fulfilled by the retirements benefits then what sort of remedy will be available.
kehar singh
24 April 2013 at 08:22
Hello, the State Inquiring Authority(SIA) is not submitting my inquiry report to the DOP for the last two months though all the inquiry procedure has already been completed. The officer always goes out of State on the plea of official tour. When I approached to the Secretary, DOP and requested him to intervene into the matter, the secy said "Since the SIA acts like a Judge and like one cannot ask the Judge of a High Court to deliver the judgement, similarly we also cannot ask the SIA to submit your report.So wait for another few months"
Under these situation what can I do? Should I remain under suspension so long as the SIA do not forward the inquiry report to Govt.? Pl advise.
Subrata Mukherjee
24 April 2013 at 04:12
I am an ex employee of a Pvt Ltd Company based at Pune, Maharashtra. I was the Manager for the Site at Rajkot, Gujarat had submitted my one month's notice period (as per appointment letter agreement) on 10th Jan, 2013. I was expecting some one to join in this due course but the company never send anyone. I handed over his responsibilities, company assets to his superior (collect his acceptance). I was asked verbally on 9th Feb,2013 to keep continuing for 4-5 days but because of my prior commitments, I denied. Upon my denial, the higher officials warned me that if I leave, they would screw my happiness. Due to urgency of my commitments I left the company on the scheduled date, i.e., 11th Feb,2013.
My first question is "did I made any mistake?"
I have been following up for my Jan-13's salary + the 10 days salary pertaining to Feb-13, my full and final settlement that includes Leave, Bonus, LTA. The Company has not submitted my PF papers as on date.
Initially, the HR department assured to pay the amount in mid Mar-13- not paid, now the department is not taking my calls too. There are many employees like me who are having the same problem. I currently am out of fund to run my family expenditures.
Please guide me as what should I do get immediate money from the Company.
Ananta Karad
23 April 2013 at 20:37
Dear All,
Sec-12 of the Act provides that an employer in relation to an estblishment to which any scheme or the insurance scheme applies shall not reduce whether directly or indirectly wages of any employees to whom this scheme or the insurance scheme applies or the total quantam of beneifit the nature of old age pension , gratuity or PF to which employees is entitled under the terms of his employment express or implied. But the above reductions by the employer shall not be made for the reason only of his liablity for the payment of any contribution to the fund or the insurance fund or any charges under this Act or the scheme or the insurance scheme. That means any reduction made by the employer for any other reason not specifically provided in Sec-12 of the Act is not prohibited.
is means that If suppose my in hand gross salary is 25k per month without any PF contribution and in case employer wants to implement PF contribution then it shoud be deducted form my gross in hand salary or the employer should bear this cost or increse my per month CTC for both contribution (employer and emploee)?
Please appraise as am geeting confusion of Sec-12 of PF Act-1952.
Thanks & Regards,
Ananta Karad
prateekkkk
22 April 2013 at 21:59
respected members,
i have filled an OA in central administrative tribunal which gets dismissed...Now i have filled a review petition as some important facts were not considered while delivering the judgement... my question is that whether CAT has power to change or reverse its earlier judgement???
JAGADEESH
22 April 2013 at 18:53
Sir, Required clarification about in the case of death of contract workmen the remaining (recoknable) service required to consider or not under payment of gratuity act.
rahul pruthi
22 April 2013 at 14:19
i ve left a job from vijyant security services gurgaon in jan 2011 till now i ve not recieved my full provident fund...they have given in instalments coz they have maintained multiple accounts on my name...i have follow up this matter every month for my own hard earned money...but still waiting what can i do....till now they have cleared 2 accounts and one more is pending ....they have given my pf money like a loan....total harrasment ...please suggest
Mmayur
22 April 2013 at 12:21
Hello!
i would like know the minimum gratuity term to avail gratuity on/after resignation
some say it as 5 years some says 4 years 8 months
hence, need expert's opinion, pls help!
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Probation period
Greetings to all my seniors..
I solicit advice on the issue of probation in the following condition in the service rules:
PROBATION
On initial Appointment
a) All initial appointments shall ordinarily be on probation for a period of 12 months except transfer/absorption/deputation from Government/Public Sector Undertakings or Subsidiary Companies. In the case of persons appointed from Government / Public Sector Undertakings, the period of probation shall be six months only. The Appointing Authority may, however, at its sole discretion either extend or relax the period of probation in case of persons appointed from Government/Public Sector Undertakings.
b) If the performance of the employee is not found satisfactory during or on expiry of the probationary period, his services are liable to be terminated. The Appointing Authority may, however, at its sole discretion extend the period of probation further and the services of the employee are liable to be terminated likewise during the extended period of probation.
On Promotion
a) All promotions shall be on probation for a minimum period of six months.
b) If the performance of the promoted employee is not found satisfactory during or on expiry of the probationary period, he is liable to be reverted to his original post. The Appointing Authority may, however, at its sole discretion extend the period of probation and during the extended period of probation also the employee will likewise be subject to reversion to his original post.
During the period of probation/extended probation, an employee shall be liable to be discharged from service of the Corporation or reverted to his original post without notice or assigning any reason thereof at the sole discretion of the Corporation.
Total period of probation shall not exceed 24 months.
Facts:
1. The querist joined the PSU from a central Govt Job.
2. The character and antecedents verification has been completed after 6 months and 15 days.
3. Till date date the querist has not received the confirmation letter/intimation regarding extension of probation period /intimation regarding shortfall in performance.
Queries:
1. Whether the employer can keep the querist under probation or extended probation without intimating the querist?
2. Whether the employer can extend the probation as on today?
3. the advantages of a confirmed employee over the probationer.
Thanking you all in advance
Thx n regards.