Manish Kumar
04 April 2013 at 10:35
Sir, I am working as PGT in a sainik school on regular basis in the scale of pay 9300-34800 + GP 4800. I am seeking the transfer to another sainik school in the same post and pay. But authority does not allow me for transfer. he tells apply as a fresh candidate in open vacancy and if you will be qualified then i will take you. (Vacancy of the post has also been published in newspaper). Legally is it correct? Can I apply there in open vacancy?
Pramod
03 April 2013 at 23:19
Now a days at corporate level compnies have invented lots of ways to keep employee away from the benefits of labor law. For example in pharma industry Medicals representatives are given designations as Sales officer, Field officer, Territory Manager etc.It is so because these people should not get any benefits under labour law.
My question is that whether an employee can file a suit independent of company for his harassment. If yes then what are the remedies . How to record or proof the harassment.
Example XYZ Companie's manager ABC is harrasing UVX who is a employee.in this case can UVX file a case against ABC.
kamal
03 April 2013 at 18:09
Respected Sir,
Firstly i apologies for providing incomplete information stated by me yesterday. I m thankful to my Ld. Seniors who helped me even in that seniario also. as stated by them i have stated the gist of the case as below.
"The Client had Approached me and he is working in state government organisation working for the poor and indigent person while providing them with hospital facilities and even other facilities too. My client had not got salary as per 6th pay commission since from financial year 2006-2007." SO what are the consequences for not implementing the 6th pay commission of the state government employee and where suit is to be filed"
Anonymous
03 April 2013 at 08:41
Hi sir, i have served my current company for more than 3 years. Now for my better career prospects i have resigned from my company. As per the letters issued to me by the company till date its clearly mentioned that i may give prior notice of two months or pay two months salary in lieu of period. So i have opted to pay the money and get relieved immediately. But my HOD started giving freebies and now he is saying that he will not relieve me until 2 months. But i need to leave this company immediately for my better career prospects. I have been negotiating with him since 7 days but no outcome. Also i consulted my HR manager but no favourable reply. What should i do now ? Please can any one suggest me what to do. My HOD is a KOREAN and i feel a foreigner has no right to spoil the career of an INDIAN.
J Moses
02 April 2013 at 19:48
Sir,
In A.P , GO.Ms.No.212 (Finance & Planning deptt.,) was issued to regularise the services of temporary/consolidated/dailywage appointments which are irregular and are not through Employment Exchange.
In the GO, in the conditions prescribed for regularisation, even the sponsorship by the EMPLOYMENT EXCHANGE is RELAXED.
So, My question is, for the regularisation of appointments which are sponsered by th employment exchange, is it necessary to use the same GO in which sponsorship is relaxed ? ( Appointed on ad-hoc basis in already sanctioned and clear vacant post on being sponcered by the Employment Exchange)
R Singh
02 April 2013 at 19:08
Not payment of overtime, non-payment of TA & DA as per the approval of MD/CEO, non-payment of Higher grade acting amount by management,
It is coming under ID Act?
Where & how to complaint?
mondira
02 April 2013 at 18:53
SIR,I AM PERMANENT EMPLOYEE OF A CENTRAL GOVERNMENT HOSPITAL AS A STAFF NURSE AND I WAS ON LEAVE FOR THE LAST THREE MONTHS ON EOL(EXTRA ORDINARY LEAVE)AND NOW I WANTED TO APPLY FOR LIEN.I DONOT WANT TO LOOSE MY PERMANENT JOB.SO SIR,COULD IT BE POSSIBLE TO APPLY FOR LIEN?I AM LOOKING FORWARD TO HEAR FROM YOU....
visu
02 April 2013 at 15:17
Pl. support me with legal reference, to determine employer-employee relationship.
particularly in case of expat employee working in India.
This is required to determine the SERVICE TAX liability of the assessee whose 80% of his employees are EXPAT under a contract of 3 years.
Sudheendra Rao
02 April 2013 at 10:26
Dear Sir,
I am working for a US based real estate company which has offices in many countries including India.
From Oct 2006 to April 2008 I worked for this company in India, then from May to Oct had a break and re-joined the same company in Singapore in Nov 2008. Now I am in the process of a transfer from Singapore to Bangalore, continue to work on the same role but based of Bangalore (there is no gap).
I want to know what should be my starting date for gratuity payment eligibility.
Is it Nov 2008 (day I joined this company in Singapore after break) or the day I am going to be placed in Bangalore (2nd May 2013) ?
Thanks in advance for your answers.
Regards
Sudheendra.
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Gratuity eligibility for 4 years 190 days.
Dear Learned experts,
Judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], states that it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year's service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity.
According to gratuity Act 240 days=1 year for employees working above the ground and
190=1 year in case of the employees work below the ground or if the employee's organization works for less than 5 days in a week.
So is it correct to say that I am eligible for the gratuity by working 4 years and 190 days in an organization which works for 5 days in a week.