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santosh kumar   28 May 2012 at 12:58

Resignation from the job

Dear Sir,

Iam working as postal assistant(clerk) in post office. I applied for resignation as Iam going to pursue higher studies. But my resignation was rejected by the officials, saying that the staff was shortage. But I have to leave my job urgently as i have to go for coaching for further studies. So what should I do in this situation. Can I proceed legally to be releived from my job

nagarajan R   27 May 2012 at 17:10

Implementation of award

cgit ordereed compulsory retirement instead of dismissal during feb 2010.sec 17B applied only for reinstatement. whether any other section is applicable for me to claim arrears or interim relief etc till the high court vacate the stay. management filed wp in high court and till then what can i do for my livilihood. whether any other section application like 17b to claim relief fm my management. award already published during feb 2010 itself. without mentioning the publication of award, management obtained stay for implementation of award. kindly hele me in this regard.

Senthil Kumar   27 May 2012 at 07:35

Relief for management staff

A company does not pay salary for the management staff for about 6 months. Since the management staff is not covered under any Trade or Industrial Act, then how the Managerial staff can claim the wages from the company.

thakurrajivchauhan   26 May 2012 at 19:41

Epf liability on production incentive

Respected Sir/Madam
I am working in manufacturing company and the management decided to allow the production incentive for normal 8 hrs working, that if a group of workers produces extra number of pieces as fixed standards, reduces the raw and packing materials rejection, keeping in mind the quality parameters then they will be rewarded. this practice reduces the rejection of materials, increases the production and decrease in market complaints. Now i want to know that the incentive paid as reward to workers should be included in wages for epf i.e. employer is bound to pay epf liability on incentive part which is not certain
Regards,
Rajiv Chauhan

thakurrajivchauhan   26 May 2012 at 19:22

Legal implication in case

Dear Sir,
I am working in manufacturing company and engaged independent contractors having their own ESIC & EPF numbers, paid all the dues including ESIC & EPF liabilities as they charged in the bills raised to company. But by chance company fails to produce the proof of deposition of the same to authorities. Company issued notice to contractors that they should submit the proof of submission of statutory liabilities to company, in reply all contractors submitted a written undertaking that they have remitted/deposited all the dues to the authorities what they have charged in bills & they will produce the records to authorities only and not to the company and company submitted the same to the authorities, whereas department demanding the same from company. Now i want to know the legal imprecations in this matter and also whether department should collect the same from contractors is this comes under their moral duty and natural justice

Regards,
Rajiv Chauhan

Rajiv Verma   26 May 2012 at 16:24

Probation period

Dear Sir,

I am working in a company since last one year , as per appointment terms my probation period is of 6 months but till now i have not got any confirmation letter. I got the annual increment but not the confirmation.

My notice period in probation period is one month and after confirmation is 3 months. Now I have resigned from this company, so as per law what will be my notice period one month or three month.

Please guide me so that i can go for legal.

Regards,

Rajeev Tanwar

Raju   26 May 2012 at 15:25

Working hours provisions

Hi Experts,

i have worked for atleast 4 MNC companies in IT as of now but i have faced generic tendency of managers to force for work till late nights and forcing to stretch after 8-9 working hours even; for strectching they are not providing any money compensation or overtime also and if they provide that is very minimal only 50-100 rs per hour.

staying more than 9 hours in office all the time impacts work life balance and health of employee but they still encourage this exploitation and sometime threats for lay off or severe implications on employement, most generic is not giving performance appraisal as they compare you with others who are afraid and doing the work as per them however violating the labour law rules i guess.

please advise me with provision and remedies for such type of instances like forcing for stretch and threating employee and provision for overtime also in case if very required to stay then how much they should pay atleast as per labour law of india.

thakurrajivchauhan   26 May 2012 at 14:45

Epf subscription of cortractors

Dear Sir
we have engaged contractors in manufacturing company who have Independent EPF & ESIC codes. We paid their dues including EPF & ESIC liabilities as per bills raised by them to us. Now i want to know that who is responsible for compliance to govt organisations in this case (for contractual employees)

Raju   26 May 2012 at 00:07

Service bond for non-training visits abroad is valid and legal???

Hi my friend is working in one reputated MNC; at the time of joining in offer letter in service clause already it is mentioned that in case of expensive trainings employee has to stay in comp for 1 yr from the date of return and if he violates the clause then recovery would be on pro-rated basis.

but now they have enforced one more bond forcing to stay 18 months in comp or pay upto 10 lakhs in lumpsum; pro-rated only after six months and they are doing this for work permits and business meetings also not giving any expensive trainings to employess..

my query is this they have not informed me any change in offer letter clauses prior to any 21 days as per IDA section 9(A)nor have communicated any clauses that offer letter conditions are over-ruled by this newly enforced bond.... so is this kind of bond is valid and legal which is violating the terms and condition of offer letter itself ????

please advise and enlighten us.

Saurabh   25 May 2012 at 11:36

Validity of service bond

Hi Experts,

I joined a company in 2011 and accepted an offer letter which stated :

1) You will be required to execute a bond for serving the company for minimum 18 months after your training period. In case you leave the company before the stated period you will be required to pay back the stipend and other emoluments provided to you during that period.

I have just resigned from the company and did not complete 18 months.

I have not signed any bond with the company on a bond paper, it was just mentioned in the offer letter.

Would I be required to pay back the sum as the HR shot me a mail regarding this?
I refused by saying that I had not signed any bond with the company.

Please advice.