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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   09 June 2011 at 14:09

Gratuity and PF with held by employer

Hello,

I was working with a reputed insurance company since Feb 2006 and have been getting promotions almost every alternate year. I was supposed to get married in Oct 2010 and hence required leave for the same. Since I had sufficient Annual leaves in my account I availed the same. Later, as I was not able to join back immidiately since I had to go abroad with my husband, I had requested for Leave without Pay which is a part of my contract and I am authorised for it. I had asked LWP for about two months and had requested incase I could join back by January. The same was rejected and I was asked to join back immidiately which I could not since I was abroad. I still insited incase it could be approved and I could join back in two months time. Once I came back In January and inquired from my office , when I could join, I was told, that I was terminated and that the company had already sent a termination letter to my temporary address, which they later admitted was returned back undelivered to them. They made no attempt to send me a copy of any written warning letter at my permanent address( which is given in the company records) or even a soft copy on my email from which I was corresponding with them while I was abroad. On my Inquiring, I was later sent a copy of the termination letter dated 31-Dec-2010 on my email in mid Jan 2011. I again requested them incase my case could be considered and termination could be withdrawn . I wanted to join back. But I was refused. I even requested if I could serve my notice period since as per my contract I am supposed to give 1 month notice, which again was refused by them as they said I was terminated. On persistence by me and my immidiate boss, my termination was converted into resignation and I was asked to submit a backdated resignation letter with date mentioned as 31-Oct2010 (when my annual leaves ended). I did so on 4rth April 2011 and handed over the same to HR.

Till date after that, I have been continually following up fo my F&F, relieving letter, gratuity and PF. There has been no response to my mails.

Kindly let me know:
1.How much time should a Company take in fulfilling the requirements and processing F&F.

2. Since I could not serve any notice period, can they hold back my gratuity and PF and refuse my reliving letter.



krishnarajpr   09 June 2011 at 13:08

Applicability of ID Act for shops & establishments

I am given to understand that certain sections of the ID act is applicable to establishments covered under shops & establishment act.

Is there any specific sections which is applicable. Also, could i be clarified whether closure and retrenchment of ID ACT applicable to shops & establishments.

sudarshan jain   09 June 2011 at 10:40

Compliance under Labour Laws

Company giving service of cargo handling in the Airport Terminal area.
Is company covered under Factory Act-1948 and other applicable compliance or if any additional compliance apply to the company.
Please tell me with detail.

AKHILESH SRIVASTAVA   09 June 2011 at 10:19

is pendency of criminal case a bar to promotion ?

In the case, ;judgement of K.V. Janakiraman {1991 (4) SCC 109} is applicable.

essycherianantony   09 June 2011 at 00:14

perks and allowances

How can you differentiate between "Perquisites" and "Allowances"?

Anonymous   08 June 2011 at 10:48

Provident Fund & Public Charitable Trust

Are Provident Fund regulations applicable to a Public Charitable Trust ? Can a Public Charitable Trust get any exemption in this regard ?

karthik   07 June 2011 at 22:10

To serve or not to serve the notice period

Hi,
I have recently joined a startup company,with an offer which includes an agreement that i need to serve a notice period of 3 months from the day i put my papers.
After joining the company i have noticed a lot of discrepancies in the offer.The offer also states that i accept the policies that company has which can be looked up in the intranet of the company.
Firstly there is not intranet in the company.I sent a mail out to the HR on the first day of joining inquiring about the policies, he then informed me that the policies are being formed and will receive the hard copy ASAP.Its been 2 months now but there is no news on the policies. Recently when my colleague put his papers he was informed that he will be paid the salary for the notice period of 3 months only as a part of the final settlement,On inquiring he was informed that this the company policy and every policy needn't be shared with the employee.

Kindly confirm if i am legally obligated to follow all the policies which the company creates on the fly.Also will there be any legal issues if i abruptly leave the company if the policies are unacceptable

Anonymous   07 June 2011 at 20:23

PROVIDENT FUND

iT IS KNOWN THAT NOW P.F CHALLANS CAN BE GENERATED THROUGH ONLINE AND OTHER FORMALITIES i.e RETURN,3A,FORM 9 CAN ALSO BE DONE THROUGH ONLINE.PLEASE LET ME KNOW THE WAY I CAN UTILISE.

Anonymous   07 June 2011 at 17:50

querry for tax

sir
how can i become a trademark and patent agent
what is the qualification for this. plz tell me about that matter as earlier as possible.


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