Anonymous
06 June 2011 at 18:07
Dear Sirs,
I would be highly obliged if you find it proper to provide your gracious expert comments on the following matter:
One fine day I, an Area Manager in a Private Life Insurance company whose services have not been confirmed, suddenly got a telephonic intimation from my reporting manager that my services stood terminated with immediate effect. As my appointment letter says “During the probation either party may terminate the service by giving 15 days notice” and “After confirmation of your service, either side may terminate the appointment by giving one-month notice or salary in lieu thereof”; I was shocked with the above mentioned message from my boss. I discussed with him the said clause of my appointment letter but as he was not listening to anything I requested him to provide me a copy of the said termination letter on an immediate basis so that I could discuss the issue with the senior most officials of the organization. But even after my repeated requests I could not be provided a copy of the said letter. I raised the issue to the senior most officials of the organization including The Head-HR, but even then there was absolutely no response from any of the concerned officials. However, afterwards, on one fine day I found my official system ID (Employee ID) as disabled. I again wrote a mail to the senior most managers of the organization intimating them the said development and non receipt of the so called termination letter. I also informed them regarding no-response from the concerned officials on my various related mailers and requested them to look into the entire matter from their side in order to get the same resolved. But again there was absolutely no response from any of the concerned officials. Subsequently, I also forwarded the matter to the Whistleblower committee of the organization and requested for a thorough investigation and resolution of the entire matter. Shockingly, again there was no response from the concerned officials. I kept on writing on an almost daily basis but couldn’t receive any response on my mailers and also couldn’t get any copy of the said termination letter either. When almost 3 weeks were gone since the above mentioned tele-con of my reporting manager and I couldn’t get either the said termination letter or any response from the concerned officials on my various mailers; I wrote a mail to them with the following statements “It is absolutely painful to note that even till now you have not considered it proper to bless me with your kind response on the said matter. Although each of my senior managers concerned, through their various acts in the context of the said matter, have tried in every way to shatter the same; I still have all the confidence in the system of the organization and believe that the whole matter can entirely be resolved 'in-house', without taking the same to the courts of law. Therefore, I once again request you to kindly intervene into the said matter on an immediate basis and arrange for a resolution for the same.” This time the concerned officials came into action and despatched the so-called termination letter. When the said letter was delivered at my place it was found that there was a gap of 22 days between its issuance and despatch. It was evident that either they backdated the said letter or they kept the letter with them after its issuance and still disabled my employee ID and blocked my salary. As the manner in which the concerned officials had acted in the entire matter and the reason stated in the so –called termination letter was entirely objectionable; I again requested, for their kind responses on various specific issues pertaining to the said matter, by sending them another mail. But, again there was no response from the concerned officials. However I continued to send them request mails. After waiting for a few more days, when I didn’t get any response from the concerned officials I requested them to make their stand precisely clear on the entire matter so that I could chart out my future course of action. As a result of this mail of mine I received a couple of communications from the concerned officials stating that they were looking into the matter. Later on, I was instructed to have a telephonic discussion with a senior official of HR dept. I did the same. During the discussion with the said senior official of HR dept, he throughout maintained that nothing wrong was done by any concerned official in the entire matter. He also maintained that there was nothing wrong in the entire process and the said termination was legitimate. Immediately after the said discussion I again wrote a mail to the Whistleblower committee and the senior most managers asking for there comments on the assertions made by the above mentioned official of HR dept and also wanted to know asto whether the said assertions were the official communiqué of the Whistleblower committee/Organization. But again there was no response to my mail. I kept on writing request mails for a related response. After a few days the same official from HR dept. wrote me back stating that whatever was to be said to me had been communicated and also instructed me to not to write any more mails to any company officials. I immediately responded to his that mail and requested him to let me know asto why he was not responding to the various specific issues independently if every thing done in the context was legitimate and correct. I again wrote to the Whistleblower committee and other senior most managers of the organization requesting them to respond on the entire matter. But none of them responded. I kept on requesting all of them, for related responses, by writing mails on an almost daily basis. But the concerned officials didn’t respond. Gradually, in the course, I communicated the entire matter till the level of the MD of the organization and thereafter till the level of Group CEO as well. But again the concerned officials didn’t respond. It has been almost 7 weeks now since I started requesting organizations senior most managers for intervention into/response on/ resolution for the said matter but not even a mere proper response has been provided to me.
Therefore I would like to request all the respected experts to kindly help me out in understanding the entire matter from legal point of view. Haven’t I been tortured by the organization/its officials? From law point of view what violations have been committed in the entire matter? How should I take the matter forward? Which are the forums I should approach? What relief and remedies I can get?
canara bank contract employees
06 June 2011 at 13:51
Dear sir,
This is a representation from CANARA BANK CONTRACT EMPLOYEES ASSOCIATION for safe guarding the intrest of INVESTMENT OFFICERS ON CONTRACT (Specially recruit for bank insurance).We wish to mention as fallowing......
1-We are Special person for doing the insurance job in canara bank since 2009
2-We have been working on the bank of contract for 3 years extended for two years.
3-Our contract basically confines us for monthaly target 1 lack/month recived primium and almost of us doing satisfatory.
4-Suddenly bank floated concept of supplementry contract without taking into confidence the other party of contract.
5-On reputing the contants of supplementry contract the management of canara bank get annoid and started taking revengefull action by way
terminations,holding salaries,incentive ,humiliting etc
6-Now once again the management has launched the concept of CLG (COADED LEAD GENERATERS) which implies that the parmanent officers of canara bank
in the rank of scale 1,2,3 will get speciallised traning for IRDA LICENCE.
7-This means at one hand the officers of canara bank going to get additional benifit by way of commession,incentive.While on the other hand the investment officer on contract
will become jobless and will come to street.
8-This is highly undesirable view of social and natural justice.
9-The parmanent officers are already setteled and earning handsome salary and hence this action of bank is going to give them additional benifit at the cost of intreset of investment officer on contract.
WE REQUEST YOU TO INTERVENE IN THE MATTER FOR THE JUSTICE OF INVESTMENT OFFICER ON CONTRACT...
Dear sir ,
we file court case in kerla highcourt and lucknow high court regarding this supplymentry contract sir,i just send you the copies of...
1-contract letter
2-supplymentry contract
3-pitition copy lucknow and kerla high court
4-stay order copy of kerla high court
5-suprim court order copy regarding contract employes
6-
SARAVANAN.R
06 June 2011 at 09:44
Sir,
I am working in a Public Ltd company here at Alleppey. My services were confirmed in Ist December 2006. So If I resign after giving 30 days notice in August 2011, will I entitled to Gratuity, as the service period will be 4 years and 6 or 7 months.Wll the service of seven months reckoned as one year.
I will be happy to hear from you.
Saravanan
B.B.R.Goud.
04 June 2011 at 19:51
is there any specific provision in any law about, not to deduct from the employee salary and not to contribute 12% of pay, if the salary is above Rs 6500, for existing employee in continuation of service ? if any available please provide tha same. in advance, thank u all
Anonymous
04 June 2011 at 11:39
The establishment is governed by model
standing orders.Can an officer subordinate to
Manager sign the termination letter? In
brief can power to terminate be delegated to
subordinate officer?
Anonymous
04 June 2011 at 11:35
Workmen were terminated for misconduct after
domestic enquiry.Termination was withdrawn
unconditionally and they were allowed to
join duty.They were again terminated on the
basis of earlier enquiry without any fresh
charge sheet.Is the action valid and lawful?
Is there any case law.
Anonymous
03 June 2011 at 21:01
I am working in a private company. There is no any agreement between me and the company. I got a better opportunity. I tendered my resignation and requested to relieve me. But these people are not relieving me. My new employer is asking for relieve order.
I want to know the legal position as what remedy I hv?
Anonymous
03 June 2011 at 15:33
How long we can employ a person under contract labour continiously. To avoid lien in company's employment what legal measure we have to take as a principal employer.
Raja Babu
02 June 2011 at 19:45
Very frequently is is seen, even in govt. service that a person is asked to officiate at a higher post. Generally officiating carry an officiating allowance which is a small fraction of difference of pays of two posts. I would like to know
1. Is there a maximum time for which a person can be asked to officiate at a higher post (as per govt of india service regulations)
2.Since the employee concern is supposed to discharge all the duties associated with higher post but his pay and perks are not at par, isn't it against equal pay for work policy? in other words an exploitation?
srinivasarao
02 June 2011 at 10:29
sir,
i am working in a govt dental college (direct recritment) joined as asst professor and later promoted as professor.
our college In charge principal joined govt service as dental assistant surgeon in primary health center and took lateral transfer as asst professor to teaching institute after i joined as asst professor in teaching institute.i also became professor earlier to him.
i am claiming to be incharge principal as per supreme court order 5579-5586 of 2001 dated 19-10-2010.
legally am i correct to claim because there is no seperate administrative post as Incharge prinicpal is also heading a dept as professor. please let me know
Illegitimate termination of services
Dear Sirs,
I would be highly obliged if you find it proper to provide your gracious expert comments on the following matter:
One fine day I, an Area Manager in a Private Life Insurance company whose services have not been confirmed, suddenly got a telephonic intimation from my reporting manager that my services stood terminated with immediate effect. As my appointment letter says “During the probation either party may terminate the service by giving 15 days notice” and “After confirmation of your service, either side may terminate the appointment by giving one-month notice or salary in lieu thereof”; I was shocked with the above mentioned message from my boss. I discussed with him the said clause of my appointment letter but as he was not listening to anything I requested him to provide me a copy of the said termination letter on an immediate basis so that I could discuss the issue with the senior most officials of the organization. But even after my repeated requests I could not be provided a copy of the said letter. I raised the issue to the senior most officials of the organization including The Head-HR, but even then there was absolutely no response from any of the concerned officials. However, afterwards, on one fine day I found my official system ID (Employee ID) as disabled. I again wrote a mail to the senior most managers of the organization intimating them the said development and non receipt of the so called termination letter. I also informed them regarding no-response from the concerned officials on my various related mailers and requested them to look into the entire matter from their side in order to get the same resolved. But again there was absolutely no response from any of the concerned officials. Subsequently, I also forwarded the matter to the Whistleblower committee of the organization and requested for a thorough investigation and resolution of the entire matter. Shockingly, again there was no response from the concerned officials. I kept on writing on an almost daily basis but couldn’t receive any response on my mailers and also couldn’t get any copy of the said termination letter either. When almost 3 weeks were gone since the above mentioned tele-con of my reporting manager and I couldn’t get either the said termination letter or any response from the concerned officials on my various mailers; I wrote a mail to them with the following statements “It is absolutely painful to note that even till now you have not considered it proper to bless me with your kind response on the said matter. Although each of my senior managers concerned, through their various acts in the context of the said matter, have tried in every way to shatter the same; I still have all the confidence in the system of the organization and believe that the whole matter can entirely be resolved 'in-house', without taking the same to the courts of law. Therefore, I once again request you to kindly intervene into the said matter on an immediate basis and arrange for a resolution for the same.” This time the concerned officials came into action and despatched the so-called termination letter. When the said letter was delivered at my place it was found that there was a gap of 22 days between its issuance and despatch. It was evident that either they backdated the said letter or they kept the letter with them after its issuance and still disabled my employee ID and blocked my salary. As the manner in which the concerned officials had acted in the entire matter and the reason stated in the so –called termination letter was entirely objectionable; I again requested, for their kind responses on various specific issues pertaining to the said matter, by sending them another mail. But, again there was no response from the concerned officials. However I continued to send them request mails. After waiting for a few more days, when I didn’t get any response from the concerned officials I requested them to make their stand precisely clear on the entire matter so that I could chart out my future course of action. As a result of this mail of mine I received a couple of communications from the concerned officials stating that they were looking into the matter. Later on, I was instructed to have a telephonic discussion with a senior official of HR dept. I did the same. During the discussion with the said senior official of HR dept, he throughout maintained that nothing wrong was done by any concerned official in the entire matter. He also maintained that there was nothing wrong in the entire process and the said termination was legitimate. Immediately after the said discussion I again wrote a mail to the Whistleblower committee and the senior most managers asking for there comments on the assertions made by the above mentioned official of HR dept and also wanted to know asto whether the said assertions were the official communiqué of the Whistleblower committee/Organization. But again there was no response to my mail. I kept on writing request mails for a related response. After a few days the same official from HR dept. wrote me back stating that whatever was to be said to me had been communicated and also instructed me to not to write any more mails to any company officials. I immediately responded to his that mail and requested him to let me know asto why he was not responding to the various specific issues independently if every thing done in the context was legitimate and correct. I again wrote to the Whistleblower committee and other senior most managers of the organization requesting them to respond on the entire matter. But none of them responded. I kept on requesting all of them, for related responses, by writing mails on an almost daily basis. But the concerned officials didn’t respond. Gradually, in the course, I communicated the entire matter till the level of the MD of the organization and thereafter till the level of Group CEO as well. But again the concerned officials didn’t respond. It has been almost 7 weeks now since I started requesting organizations senior most managers for intervention into/response on/ resolution for the said matter but not even a mere proper response has been provided to me.
Therefore I would like to request all the respected experts to kindly help me out in understanding the entire matter from legal point of view. Haven’t I been tortured by the organization/its officials? From law point of view what violations have been committed in the entire matter? How should I take the matter forward? Which are the forums I should approach? What relief and remedies I can get?