P.C. Joshi
25 February 2013 at 17:17
Dear Friends,
A is employed with B Ltd. for about 4 yrs.then A resigned and company retained him on retainer basis. The term of retainership agrement is 1 year. Either party can terminate the agreement by 30days notice.
There is a cluase in the agrement that during the retianership and one year after termination A can not compete with the company or work for any competitor of the Co.
is this cluase legally valid and enforceabnle against A.
Pls let me know your views.
Thanks & Regards
P.C. Joshi
Bhaskar Ghosh
25 February 2013 at 13:24
One of my colleagues has been pronounced guilty by the disciplinary authority under Rule 16 of CCS (CCA) rules 1965 and the authority has decided to impose a minor penalty on him on November, 7, 2012 but till date no punishment has been given.
Is there any time limit to impose penalty on the guilty. If so, within how many days
Suresh
SIBA PRASAD NAIK
24 February 2013 at 23:50
I joined 2 months back in a small organization here in Bangalore. As per offer letter during probation if i resign, have to give 2 months notice but if company wants to remove he can do by within 2 weeks. On 18th Feb-13 had dropped resignation stating to relive me as soon as possible, same is approved by my Manager. Now HR is asking me money of hiring, training,and management cost as mentioned in offer along with 2 months notice money. The company also holds my documents and now company is harashing and threatening me to file law suit along with putting me pressure to not relieve me. Please suggest and help me what should i do now.
siddharth
24 February 2013 at 23:14
I joined one of the engineering college (self-financed, run by trust, affiliated to Govt university and approved by AICTE) on 3rd of Oct 2001 as an ad-hoc lecturer, and got permanent post on 1st of Feb. 2003. On September 2003.
I went for further study on the basis of study leave approved by institute for the two years for my master of engineering. I have been compelled to sign bond for the same and the bond period was 5 years and some penalty amount. At that time I opposed to sign it but as Master course is compulsory for me and hence I had to sign the bond, which was changed drastically with my case only in comparison to my seniors who did masters on the same condition.
After coming back from the master course I joined the institute and worked for another 3 and half years with full involvement. During this time again to progress further I joined external basis Ph.D with NOC from institute. Suddenly after six month again the management of the institute gave me in writing to give another bond of 7 years for Ph.D course. I denied as already with their approval only I started Ph.D. They started to threaten me and hence I left institute by giving three months notice time resignation. Albeit they have not given me salary of this period and when I asked for the same they said it is taken against the bond. Now after that they have filed a case against me in civil court claiming the bond amount ( salary of 2 years + interest+ 5 lakhs penalty).
Few facts are
1. As per the University rules for study leave ( ordinance and statutes) maximum time period of bond is three years so can my management take bod higher than that? Can they are having power to change the rules of service matter?
2. They have also not given service book of any employee and when we demanded they denied. So whom to complain about this?
3. What will be my next step as per your guidelines?
4. My advocate is not having this much knowledge of service mater so is it possible to meet you to discuss further?
5. What about my salary for the three months which was not given to me and shown in my Form-16. I am having proof that salary not deposited in my account.
vinodkumar
24 February 2013 at 12:23
a lady servicing as teacher in christian missonary school which is in gujarat since last ten years, a did her job very well and sincerly, but last month a school dismiss her without prior reason or notice now what is proper leagle option for speedy justice for a lady?
Sameera Rehman
24 February 2013 at 09:44
Dear Sir,
I have three questions to ask in regards to due bonus and recovery letter being issued by my last company towards myself.
I worked with my last company from Feb' 12 till 5th Dec' 12 at a M04 grade. According to my appointment letter i was supposed to serve a 2 months notice before leaving my job. It so happened that due to my boss's unprofessional and impolite behavior i decided to leave the company stating that i need to relocate due to some personal circumstances immediately and therefore can not serve notice period.
However,I did give a call to my HR Manager as she was at another site and told her about everything and all the issues that i was facing with my General Manager due to which i was resigning but did not mention the same in official resignation letter.
My first question is - While i was working, i was given a revenue
target to be achieved till 31st Dec' 12. I achieved that target by 30th Nov' 12. upon achievement of the above i was supposed to receive a bonus of approx 1.5 lac. When i recently asked my HR executive if i would receive this bonus in F&F, she informed me that as i did not serve that notice period and as i am not active with them any more, i will not be paid the bonus. Is this legal or correct on the companies part?
Secondly, the HR has also informed me that they are issuing me a recovery letter for two month's salary as i did not serve the notice period. Is this correct, can a company do so?
I have just gone through my appointment letter, all it says is that they will not pay dues if notice period is not served, it does not say anything about taking action and initiating recovery, the clause in appointment letter is below:-
"In case you decide to leave the services of the company, you will be required to give not less than two month notice in writing & the company may at its sole discretion relieve you of your duties anytime during the notice period, and in that event you will be paid salary up to the last working day.
In case where due to reasons beyond the employees control, the employee is required to give notice less than the notice period, the company may at its sole discretion, relieve the employee of its duties before the completion of the mandatory notice period with or without payment of salary in lieu of such notice period or shortfall therein."
Also, the company is refusing to give me a certificate of employment which would mention my tenure and post i worked at, as i did not serve notice period. Can a company do so?
Please help.
Regards,
Sameera
skg
23 February 2013 at 22:16
Dear experts
Why High Courts send back a cases to a civil court after rejecting a writ of ceritori of workman who after advise of lawyers filed his case in labour court and fight for 5 to 6 years and also proved with documentary evidences that his termination was illegal but since it has been awarded by lower court or upper courts that he is not a workman he has to start a fresh case for appropriate remedy in civil court for damages or compensation when if after winning from civil court he has to face again the same High Court approached by his employer now.
Is this not a flaw in our judicial system in which a litigant got trapped unnecessarily in time consuming procedures without any fault of his own as he only followed advises of lawyers and put his case in the appropriate jurisdiction at lower level.
Are there any ways in which HIgh courts can proceed on issue of illegal termination (or discharge simplicitor) only and decide now the compensation and not reinstatement ignoring the fact that whether employee is workman or not ?
please give your advise on this issue
rgds
Member (Account Deleted)
23 February 2013 at 19:23
Hi,
I used to work for a privated limited company. Last week our Managing Director (who is infact the promoter of the company) all the employees of the company stating that he does not have fund to run the business. We are yet to get the salary for December 2012, January 2013 and February 2013. Moreover we are liable to get the notice period pay for 3 months in case of termination of employees.
In his offical communication addressing to all the employees, our MD has stated that he will try to pay the pending salaries by in phased manner but he is not willing to commit or provide us detailed plan of action to pay our salaries.
Our problem is that MD is not committing any date by which he will make payment of all the employees; which means he can take as much as time he wants.
And by what we know about our promoters, we think that they are intentionally delaying the payment of our salaries (despite we are backed by parent company which is 1000+ crore groups).
We need your inputs on how to get our pending salaires + notice period pay from the promoters of the company at the earliest. Also let us know if there are any rules related to the timelimit for paying the salaries post termination of employees.
Awaiting your response and help on the same.
Thanks in advance.
Best Regards,
JK
Shah Alam
23 February 2013 at 14:58
Dear Expert plz help me...
I am working as aaccountant in a Private limited Company but for the last three month they didn't pay my salary and now i am going to leave it.What legal action can i take against them.
Plz suggest me what i do inorder to recover salary.
Thanks in Advance
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Transfer to different place showing exegencies of services clause
dear sir,
this is to inform you that in the month of sept 12 i asked for LTA on pilgrimage trip to pasupatinath to fulfil last wish of my parents specially father from sun pharma, which my gm have sanctioned and updated in erp of my companys system. later my immediate reporting authority make a hue of that and both my rsm and gm requested me to cancel my leave and work which i did by letter and mentioned that as per their advice i am cancelling my leave. this note from my side annoyed my gm and hr called me for sales review discussion with gm on 3rd oct 12 and instead of sales review discussion they performed hr discussion and pressurised me to resign or they will terminate me. i opposes the oppression and continued to work. later they transfered me from kolkata to coimbatore where i joined. in the mean time my father who backed me could not probably withstand my absence, falls ill and died out of ca lever quary not proved in 14th jan 13. now i am the only male member with my ill mother, wife in service in govt sector, minor son. my wife, son and mother leaves in kolkata and i work in coimbatore. in spite of several request letter to reconsider my hr or comp doesnot replied to my transfer appeal on humantarian ground and over phone conversation, asking me to leave the job and go. in this junction what should i do. i dont want to leave sun as this is a good systemetic comp and i want to prove myself. sun have torchered me in many ways by not giving me loans, not repliing my quaries, saying abusive words by my immediate superior, etc. though i have given my photographs to sun for publication as calenders for distribution and promotional input for two products, but they have not given me any royalti for that. pl kindly help me to win over the situation and i want my royelti, and wants to get back to my native place as i dont have any fault of mine for poor performance of sales in kolkata which i have proved over presentations based on companies data. but inspite of that i am devoid of moneytory benefits, promotions and now they have transfered me to a distance place subjected me to humilations , tourchers, and depressions.
pl help.
regards
anirban bhattacharya
with regards
anirban bhattacharya