Anonymous
09 May 2020 at 17:14
Respected Sir
Need your help has I'm facing a financial crisis beacuse of a sudden decision by my company of relieving me early and hence recovering of joining bonus.
I have Joined my Company on 15th June 2018. And I put down my resigination on 20th March 2020. As per my appointment letter I was suppose to serve complusary 90 Days Notice Period. which I was willing to serve. My Last working day in the system was showing has 19th June 2020 thus I was completing 2 years with the company by the time i would have left.
Everything was going on smoothly during my noice period when one fine day on 16th April 2020 my company called and informed me that they will be reliving me from the company tomorrow with immediate effect by just giving 1 days notice and they actually relived me on 17th April 2020. Now my present company is demanding from me to pay back 4 Lakhs Recovery Amount of Joining Bonus which they paid when I joinined. It had a clause that if i leave company before completion of 2 years I need to pay backthe same.
I want to ask you all the experts here the following things :-
1) Since I was willing to serve my 90 Days of Notice period completely and my actual last working date in the company was after completion of 2 years only, just beacuse of this sudden decision from companies end to relive me early am I liable to pay back this joining bonus amount of 4 lakhs back to the company.
2) Beacuse of this sudden decision I could join my new company only after a gap of 2 weeks in May 2020 therefore incurring a loss in salary for 2 weeks period since I was jobless for 2 weeks sitting in home .Also since my present company relieved me before 2 months from my actual last date Am i eligile to get some compensation for this 2 weeks of joblessness or thr remaing 2 months.
I will be very grateful if you can guide me.
Also pasting below the two extracts from my Appointment Letters for your referece :-
1) During the service period, either party to this contract shall be at liberty to terminate the same
by giving to the other 3 months notice in writing or compensation (on Basic Salary basis) in
lieu thereof. Provided that, such notice or compensation in lieu of shall not be payable by the
Company to you in the event of any contravention or violation by you, of any of the provisions
set forth in this appointment letter. It shall not be necessary for either party to assign any
reason for termination of the contract. Final decision on relieving an employee in case of
insufficient notice period or compensation in lieu thereof, or the decision to waive the notice
period vests with the Company. Any unutilized leave, as per the Company’s leave policy, may
be set-off against the notice period of 3 months, at the discretion of the Company.
2) Unless otherwise specified, any reimbursements, in the form of relocation expenses / notice
pay or payment of joining bonus, will be fully recovered if your employment with the Company
ceases within two years of joining. Any payment made, in the form of relocation expenses /
notice pay or payment of sign-on bonus will be taxed as per income tax rules
3) Extract from Joining Bonus Letter : This is on assumption that you will work with the company for a period of a minium 2 years and in the event there is a seperation for any reason, the same will be recovered.from you in full. The other terms and condition will be same as per our appointment letter.
PLEAESE GUIDE ME
baluu jii
06 May 2020 at 15:46
In 2010 recruitment of third gred teacher in Sanskrit Department of Rajasthan the rajasthan High court passed a order on 2 august to dismiss 3rd gred teachers after servicing more than 6 month in sanskrit dept.due to merit list changed by RPSC.This order challenged in supreme court & honorable bench of judge G S SINGHVI ,GOPAL GOWDA & C. NAGAPPaN passed stay order in september 2013 against high court`s dismiss order& issued notice .How Can i know what will happened the final decision of supreme court since it has been long time .
Vijaya Bhaskar
01 May 2020 at 16:09
Dear Learned Expertise,
We are Charitable organisation working among people with disabilities
We have lost two prospective funding agencies or foundations, whose contribution or donation was more than 50 % of our annual budget. We do not have new granting foundations that can come forward to support us during this global economic crises
We have insufficient funds which will support only for few months (2-3) and we don’t know what will happen after the funds are exhausted and raising funds locally is a big challenge in this current situation.
it is inevitable that the organization has to make certain hard decisions resulting in reducing its workforce, though the organization has no such intention to do so which is painful to all of us. This is the first time in the history of the organisation.
However, the organisation is willing to serve one month notice to the contract staff with pay and allow the staff to find the job during notice period necessarily not working.
-And also try and assist in outplacement (finding an alternative job).
-Will provide a strong letter of reference or recommendation along with experience certificate that will help add to the testimonials to get job opportunities
-If the finances are stable, we would be glad to give preference and re-employ
-We assure our full support and cooperation on getting PF contributions from EPF office.
Queries are as follows:
1.Can we proceed by serving one month notice to contract staff and pay the notice period which is in the contract
2.What about confirmed staff, can we give one month notice with pay which is in the appointment letter.
3.What are the feasible options available to reduce permanent workforce which is painful to all of us.
4.Which governing guideline should we follows while reducing the workforce (shops and establishment or industrial disputes act)
5.Can we serve the notice on a day which falls to a be national holiday.
Your suggestions and guidance would be a great help for further process.
crpc
28 April 2020 at 18:21
Hon'ble All Learned Advocates
I have a short query from labour experts as-
As per Industrial Act 1947, Section 5
5*(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled,
technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and
for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been
dismissed, discharged or retrenched in connection with, or as a consequence of,
9 that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-- (i) who
is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957) or (ii) who
is employed in the police service or as an officer or other employee of a prison or (iii) who is employed mainly in a managerial or
administrative capacity or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred
rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him,
functions mainly of a managerial nature.
In above referenced ...managerial and administrative capacity employee has been excluded. Now my question is-
what law/act/article will govern the dispute of illegal activities like forgery / illegal termination / exploitation / harassment happened with managerial and administrative capacity employee ?
Regards.
Ankur
K.Muthu
25 April 2020 at 12:51
I am an ex-employee of NLC India Ltd. I retired from my services in NLC on 30.04.2016 and I have a daughter at the age of marriage.
My elder daughter died in a road accident in Sydney, Australia in 2014 leaving her 5 year old child motherless. I urgently rushed from Neyveli to Australia on receiving the phone call conveying her death. At that time, I had to spend lakhs of rupees towards obtaining Australia Visa, flight tickets at exorbitant rate, cremation and funeral expenses. To meet out these expenses, I availed special Leave encashment stipulated under clause 19.5.1(b) of the NLC Personnel Manual Rules.
Under Clause 19.5.1(b) of the NLC Personnel Manual Rules, employees who completed 30 years of service as on the date of application will be permitted to encash Earned Leave (EL) upto a maximum of 200 days in any one of the calendar years during remainder of his service.
As I completed 30 years of service in 2014, I encashed my EL accumulations to meet out the expenses incurred due to my daughter’s death. At that time I was in grief and depressed state of mind due to the unforeseen death of my daughter and I relied upon my subordinates to fill up the application form for leave encashment. I did not notice the application form was filled up for 100 days leave encashment instead of 200 days. Because of this inadvertent error, I have lost 100 days of my EL/HPL accumulations which works out to approximately INR2,50,000/-.
Before retirement, I represented to the NLC management for granting permission to encash the remaining 100 days EL under clause 19.5.1(b) but I did not receive any response to my representation.
After retirement, in 2017, I filed a writ petition in Madras High Court praying to direct the respondents (NLC India Ltd) to permit me to encash the 100 days leave and pay the monetary benefit for the 100 days leave. The court directed NLC management to consider and dispose of my representation dated 28.03.2016 on merits and in accordance with law and pass orders within a period of 8 weeks and communicate the decision taken to me (the petitioner). Accordingly, NLC management informed that my request for permission to enhance the leave encashment in 2014 from 100 days to 200 days as a special case is not possible of compliance.
I was a loyal servant of NLC working sincerely and honestly during my 32 years of service in this esteemed organization. During my service, I contributed to the company to the best of my ability. The error in leave encashment happened when I was in grief and depressed state of mind due to the unforeseen death of my daughter.
I am a senior citizen and I have no source of income. If the unclaimed 100 days of EL encashment is allowed to me, it will be much helpful to me and my wife in our old age.
In this situation, I seek your advice if I file a suit against NLC India Ltd for claiming the 100 days leave encashment, can I succeed? Please advise me.
K. Muthu
Satyendra Kumar Bisht
24 April 2020 at 17:54
I was found guilty in an UFM(Unfair Means ) case in college semester exam due to which one of my paper was cancelled or in other languages, I was failed in that paper by the university. I cleared it as a backlog during the next exam.Tchhnically ,I was not debarred of rusticated by the university.I have got a job in Income Tax department and while filling the attestation form I came through a column "Have you ever been debarred from any examination Or rusticated by any University or any other Educational authority/institution?" What should I fill in this"Yes or No" As I was not debarred only my one paper was cancelled and I was allowed to clear it during the next examination.This has not been mentioned on my final marksheet or degree.Will it be considered as " suppression of information" if I mention "No".
Satyendra Kumar Bisht
24 April 2020 at 15:11
I was found guilty in an ufm case in college semester exam due to which one of my paper was cancelled or in other languages, I was failed in that paper by the university. I cleared it as a backlog during the next exam.Tchhnically ,I was not debarred of rusticated by the university.I have got a job in Income Tax department and while filling the attestation form I came through a column "Have you ever been debarred from any examination Or rusticated by any University or any other Educational authority/institution?" What should I fill in this"Yes or No" As I was not debarred only my one paper was cancelled and I was allowed to clear it during the next examination.This has not been mentioned on my final marksheet or degree.
Ravindran Prasad
17 April 2020 at 10:28
Sir, I, Prasad, bring to your kind notice Bank has considered only Point No 1of Avtar Singh's Case and neglected all the remaining points. So, I filed a case against Bank in the High Court . But, till now, Bank did not file the counter. This High court officials told that unless the Bank files counter, the case cannot be settled.
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Bonus not paid
Dear Sir,
When the company incurred the loss during the current financial year, management still not yet release the bonus to employees. Does the company bound to pay minimum bonus or not.