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neelima jain   09 March 2012 at 20:52

Company not relieving

Dear Experts,

I need your urgent advice. I am working with corporate company & put separation request.
As per company process their is clause of 90 days notice period. PL will be adjusted against calculation of notice period maximum upto 60 days.

I have 60 PL & hence i served company for 30 days. day before relieving i received mail from my hr that as per new guideline you have to serve entire 3 months & no PL will be adjusted against it.

When my separation request is accepted by hr it is clearly mentioned about acceptance of 60 day PL clause, hence if company introduce any new policy then it should be prospective not retrospective. When i discuss to left the job on scheduled date they state that they will treat me as absconding from service & not settle my F&F.

Kindly guide what should i do ....

Sharath Babu   09 March 2012 at 17:11

Payment of gratuity in the absence of nomination

With regard to payment of gratuity:

A lady employee expired. She had a minor kid and husband. She has not nominated anybody. Now the question is whether the entire gratuity amount is paid to Husband or to the minor kid or divide between Husband and minor kid.

Friends kindly advice what should be done and whom should the gratuity be paid in the absence of nomination?

Pravin Bhai   09 March 2012 at 14:14

Basic salary meaning in maharastra minimum wages act

Dear All,

As per the new maharastra minimum wages notification. Minimum wages is Basic Plus Special Allowance.

Can you tell me Basic means what?

Is basic means Basic+DA+HRA or what.

Thanks & Regards
Pravin Sharma

V.N.K. MENON   08 March 2012 at 12:43

Award by labour court & wp at h/c

A workman was awarded by Labour Court : reinstatement with full backwages, continuity of service with all consequential benefits. Employer challenged the award in High Court. After 2 years of prolonged litigation the workman was given relief u/s 17-B of I.D. Act and in order to avoid payment of wages at home, the worker was reinstated at wages at the rate decided for the purpose of 17-B which is slightly less than last drawn wages. Whereas other parts of the award remain to be decided by H/C.
My Query is whether the 2 years relief paid u/s 17-B is deductible from pending payment as stated above if matter is decided in favour of workman? If not the ground on which it can be argued.

solicit collective wisdom of friends and experts, pl.

Biplab Swain   07 March 2012 at 10:08

Regarding esic enrollment

We have an association of Movie workers and technicians(Like spot boys, light boys etc) in Odisha for last 19 years.
This is registered under trade unions act.
However, the model we work on is we collect and distribute the amounts from the production company/producers to the workers, registered with us.

We want to enroll our workers under ESIC scheme.

Please advose the process/possibility.

kewal singh paneser   07 March 2012 at 07:10

Rate of interest in case of accrued arrears on account of pensionary and retiral benefits

The Hon'ble high court of pb and haryana has allowed a petition in case of pensionary and retiral benefits in my favour without mentioning the rate of interest at which the accrued arrears have to be paid. what can i do?

KASI VISWANATHAN   06 March 2012 at 20:51

Factories act, 1948

Thank you so much for your reply sir. Just i want know about reason for exclusion. Once again thank u so much.

tulasi   06 March 2012 at 16:24

False suspension without notice

dear sir...

My father works in a cooperative bank..the bank charged my father with misappropriation of money and sent him home by threatening..to support why they have suspended they have not sent a notice or at least a formal letter of suspension..when he went to sign the attendance register, they did not giv him intentionally to prove that he ws absent for long time...9 years passed..till now no notice of suspension or termination..no salary...what to do?

SURAJ KANTHAMANGALA   06 March 2012 at 12:49

Absent for duty

hai seniors,

one of our female employee was in pregnancy and covered under ESI act.
but she has not informed us about her leave or not produced any ESI certificate as she was on ESI leave nor sick leave. she is absent from jan 2nd . two days ago i have got some information from somebody that she delivered baby.
previously she has asked information about the leave and i have explained her about the leave formalities and policy.
-can i send her explanation letter nor terminate her service nor consider her loss of pay ?
-is there any issue will arise if i ask her to resign nor is it mandatory we have to consider her continuation of service.
-as i know sending letter is already delayed , is ther any issue will rise if i send now ?
as the ML act says employer should not terminate nor dismiss the employee during her ML - for seniors advise

P. SRIDAR   06 March 2012 at 11:46

Leave eligibility for a employee in probation period of a shop and establishment company

Sir,

I am representing a company covered under TNSEA Act 1947,i wish to know the leave eligibility of the employee whose in probation period.