AJAYKUMAR NAIR
01 April 2012 at 22:23
I am an HR working for a private company.
This company hired a labour contractor in 2005 and the contract ended on 2007. Company has all PF contribution paid challans paid during that period.
This contractors has not submitted PF Return since 2001. This contractor is not traceable now. He has sold all his property's.
Now the employees who were on the contractors roll are working the the company now. These employees have submitted PF Withdrawal forms to PF Office.
PF Office has rejected all applications because the contractor has not submitted PF returns since 2001.
Company has submitted PF challans, form 3a and 6A for employees working on their site. But still PF Office is rejecting the forms.
Since PF contribution has been paid during that period why PF office is refusing to clear the claim.
What options are left with the employees.
Dharmesh
01 April 2012 at 19:16
MR. A BASIC 5100/- + 4900 ALLOWANCES
10,000/- TOTAL MONTHLY SALARY
HE IS WORKING 15 DAYS IN ONE MONTH ( HE IS WORKING SINCE 5 MONTHS CONTINUES SERVICE)
HOW MANY BASIC CONSIDER FOR BONUS CALCULATION
5100 BASIC / 30 DAYS * 15 DAYS = 2550/-
OR
3500 BASIC / 30 DAYS * 15 DAYS = 1750/-
WHICH AMOUNT CONSIDER FOR WORKING OF BONUS ?
PREM
01 April 2012 at 16:45
Dear helpful Lawyers..I Won a case thru Hon'ble CAT in a service matter(posting on deputation for 3 yrs to abroad).Order passed on 26-April-11 quashed the wrong selection of low merit candidate, directing my Govt. deptt. to take me in his place. But till date Deptt. has not complied with the order, rather filed a WP in HC in Sep 11, to stay Hon'ble CAT's order, and I guess my deptt. is intentionally not moving d case knowing their un-lawful stand/base due to which they shall again loose in HC. I think they have been passing the time to transfer me away from my place as transfers may start from April 1/2 week of this year.Can they transfer me when the case is in progress and moreover when I have taken up my case as party in person?Is there any remedy in the periphery of LAW?Few local lawyers told me that they cannot, as it shall be clearly a malafide action on their part.Pls clarify..
Anuj Garg
01 April 2012 at 15:45
Dear Experts,
I need your opinion based on laws exists in India. Can company force an employee to serve the full notice period even he is willing to pay the short fall of notice period?
As per company, required notice period is 3 months but an employee wants to give notice for 45 days and ready to pay the balance short falls. If company deny to accept it and ask to serve full notice period, what are the options available to to an employee?
Can employee leave the company after giving notice of 45 days and later can he demand the reliving letter from company and if they dont provide the reliving letter, what should be the next cource of action available to him?
Everybody knows that its very hard to implement legal actions, so how much time will it take if someone needs to take action against company?
It would be appreciable if you can quote some court decisions or law sections showing some favour to en empleyee.
Regards
Paras Gupta
01 April 2012 at 03:35
Hi,
I am working with TCS e-serve international limited.One of my male colleagues filed a false complaint with HR of sexual harassment. I have been falsely accused of calling him gay in an official meeting. No evidence has been provided in this regard. Also, it seems HR is trying to frame me by gathering information regarding my past behavior with other people. This includes some heated arguments and discussions with others. The person even after filing complaint is sharing dinner, snacks and desk with me. He acts as if nothing ever happened. He also indulges in indoor games etc. with me, we never had any arguments. Still, my appraisal has suffered, I lost an opportunity within company. My promotion which is due since Oct'11, is being delayed. I am also informed that i would be issued warning letter for the false charges. And that too without even showing any evidence.
Can i sue my company and my colleague for Mental Harassment and Defamation of character?
Please advise.As I have gone thru a lot of mental trauma.
Would like to update status as on 27/04/12:
I have been issued warning letter despite there is no evidence. My last year Appraisal band was "A" and this year I have been given "D". As a result, My Salary has been decreased by 62k p.a. My promotion has been frozen, all others due for promotion were promoted. I have also been assigned Performance Improvement Plan(PIP).
I have lost all the hopes and feeling very low. I feel my career is ruined and life is finished.
Rayan
31 March 2012 at 19:45
Husband works in central govt police, wife is a state govt teacher. Husband couldn't get transfer to wife's work location for long time. Is there any ways for husband to reach wife's work location city? His dept have office in wife's place still he couldn't able to get transfer. Is there any provision in central govt transfer clause or laws? please provide suggestions.
neha
31 March 2012 at 19:03
dear sir,
i recently went for an interview at a school and got selected as an academic councellor,,the salary and timings wernt confirmed and they told me that i need to sign a bond for 1 year and submit my original study documents,,next day they called me to take the appointment..documents were already prepared and salary and timings filled in without even confirming with me..i argued and they adjusted the salary to a little but timings still were same..with lot of hesitation i signed the bond but couldnt submit my original certificates as i dint hav them at that time...
they asked me to get my originals and join the school next day..i asked them to give me some time to join but they were adamant..
same day i got an offer from a company where i gave an interview previously with double the salary and great timings,,
i went bak to the school next day and told them i cant join as my family is against the contract system since i might get married soon..they threatened me to enforce the bond..
is it valid since i dint even work for a day...and also i dint recieve a joining letter pleae help and ans soon
sunil
31 March 2012 at 11:38
Dear Sir,
I was working for A Multinational Co. headquartered in Germany. since Feb 2010 as Marketing Manager, I was force to resign by our Managing Director of Indian operation on suspicion that I was working with 2 companies Simultaneously, As a Marketing Manager I am having Very good Repo with All my customers & also competitors, As I resigned Our Director Started Sending Email to all my contacts & competitors, that I was removed on grounds that I was involved in various mall-practices also given me A challenge that he will not allow me to get Job or do marketing in the same field. It has become difficult for me to retain relations with Various Customers.
My question is : Can I file Defamation case against the company & Director? & How?
Dear Experts,
Thank you very-much for your valuable guidence Could you please let me know the time span within which the Notice has to be issued.
Thanks & Regards,
KISHAN DUTT KALASKAR
31 March 2012 at 08:22
Dear Sir,
Whether review of two orders is possible....that is orders of Enquiry Authority and Appellate Authority.
Here the Enquiry Authority and Disciplinary Authority have passed the orders and the accused was reduced to the post of peon.
The accused preferred appeal before Administrated Judge who is High Court Judge in Karnatka of as Koppal District Administrative Judge. At that time the prosecution side here the Registrar Vigilance not preferred any cross appeal seeking enhanced punishment.
The appellate authority that Administrative Judge/High Court Judge passed orders on merits and set aside the orders of both the Disciplinary Authority and Inquiry Authority on 11.2.2009.
All of a suddenly on 22.9.2012 the Registrar Vigilance issued a notice that as to why the said both the orders should not be reviewed and more severe punishment should not be awarded as per the orders of Chief Justice of Karnataka.
In fact the orders of Administrative Judge are final. Some fishy appears in this case.
The said orders dated 11.2.2009 even to this day not given to the accused. Show cause not enclosed with copy of said ordes. It is learnt that as some strictures were passed in the said orders so the are not made public.
My question whether such reviews are possible ?
Whether accused is not entitled for copies?
For how many days the accused should wait to get implimented the said legal orders?
Whether it can be challanged but advocates saying it is premature notice as no action was taken though explanation was submitted by the accused....is it not delaying tactis of Registrar Vigilance?
Is it not high handedness of Registrar Vigilance behind and back of High Court.
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Salary pending
Respected sir / Mam,
I am Sanjay Tiwari i had work with IBMR gurgaon. my salary was Rs. 37000/ per month and company is not giving salary in last two month i want take legal action .
Sir pls tell me it case is civil court or labour court.
Regards
Sanjay Tiwari