Anonymous
27 May 2011 at 11:17
Company Has pressurizing me to resign from service when I have not to resign he has stopped & hold my salary to create pressure for resignation I have written for the matter to the higher authority after that company has orally terminated after that . I have written a letter to DLC ( Deputy Labour Commissioner ) & copy to chairman & other higher officials.
DLC has given a matter to Labour Supreindent for an enquiry during the consolidation proceeding company has extended more for settlement but not interested to settle after that company has make a false transfer order and produced before Labour Suprendient and said that employee has not terminated he has transferred but I have proved before the L.S. that the transferred order is false and make it after termination for back date after that L.S. has advised me to file a case against company U/S 26 of Jharkhand Shops & Establishment Act 1953 ( Bihar Shops & Establishment Act ) and L.S. has filed a case U/S 28 for recover my salary which is calculated ( Month x 10 Times ) after that company has send a courier after ten months for the complain of which inside a hand bill of birla and the receiving of that courier has been produced before the DLC court that he has send a salary cheque and employee has received the cheque but not present in his bank A/C but the fact is that there is no cheque inside the courier.
I have given own witness before the DLC in court and the opposite party has given for witness before the DLC of which all are given false statement and the case has pending before last three year and after that D.L.C. has changed after the retirement of DLC new DLC has closed the case and given his judgment without hearing my side the case is not maintainable because there is no termination because the company has not issued any termination letter.
Judgment letter has attached.
The branch manager who has terminate me has resigned from the company has given print out of his email that how the company create all this termination and transfer.
He accepted his emails but deny that he had not given me that and blamed that I have hacked his email.
D.L.C. has deny this email has a proof because its an internal communication between the officials.
Pls. suggest what I have do. Judgment attached.
Sarita Kamal
26 May 2011 at 23:52
i joined an MNC in the month of Aug 2010.
I had to sign a service agreement which said if i leave the company within one year I will have to pay an amount of 20000/- to the company. When the agreement was signed the HR refused to give me a copy of the service agreement.
After 8 months, I resigned in mid May 2011 after serving a notice period of 1.5 months (out of 2 months).
In my Full and final settlement the amount deducted for breaking the Service agreement was shown as50000/-.
I found this absolutely shocking and requested the Service agreement for legal verification, and yet again the company refuse to give me the copy but the HR did give me the document for reading purpose.
There were certain things that i realised:
1) my signature was there only on the last page of the document while the rest of the pages that mentioned the service agreement clauses did not bear my signature.
2)till the end the HR refused to give me the copy of the doc.
Am I not suppose to get a copy of the document.
Can the initial pages of the document be tampered.
What should I do to acquire the copy of the service agreement.
Ritesh Joshi
26 May 2011 at 14:39
1. What are the requirements / compliances under Apprentices Act for an IT company?
2. Are there any returns to be filed? Which department takes care of this internally usually? Human resources?
3. Is there a list of companies to whom the provisions of this act apply to? Does it apply to IT company?
4. Would it apply if there are only employees and subcontract personnel, which are of course given training as is a standard practice in all IT companies?
5. What compliance is to be followed in case there are no apprentices and no such agreements signed?
Kindly clarify the above, would be grateful.
Thanks in advance.
Kind regards,
RJ
SN
26 May 2011 at 14:31
Respected Sir/Madam,
With respect to a sole proprietership firm for example a dealership firm, what are the labour laws that need to be followed?
Can you please tell me the policies and laws that are mandatory for employer and employees to comply to?
Himanshu
26 May 2011 at 01:57
Hi
I joined an IT company at a middle management level and with respect to my level, there was no probation period applicable i.e I was a confirmed employee from day 1. After working for about 7 months, I developed a kidney stone problem and was subsequently hospitalized for the same (company was aware of that). The stone was in the formation stage and could not be detected at that time. After about a month, I had another pain attack and was diagnosed with a 1 cm stone which had to be surgically removed. I flew back to my hometown for the surgery and a stent was inserted in the ureter. I was not allowed to travel and as per the doctor I have a tendency of forming recurring stones and will be an ongoing issue (was said over a verbal discussion with the doctor).
Considering the situation, I resigned from the company on 30th April 2011 seeking immediate relieving under medical circumstances. My appointment letter says
"Termination of Service: During your employment with the company, a notice of 60 days is required to terminate employment from either side. the company may terminate your employment by payment in lieu of 60 days notice, without assigning any reason whatsoever, at the sole discretion of the company. If at your request, the company agrees to relieve ypu before serving the full notice period, you will be liable to pay the company on lieu of the balance notice period. However, please note that accepting any such early relieving request would be entirely at the discretion of the company."
I have resigned via email marking my immediate manager and HR under medical circumstances and also have submitted my hospitalization reports to the corporate insurance provider. Also, I did send in the resignation by registered post attaching a copy of the email resignation.
After this the HR replied back to the email saying that I either need to serve the entire notice or pay it off to which I replied stating that I cannot stay in Chennai and not in a position to pay it off due to heavy medical expenses. I have not received any reply to it yet.
Now I want to know:
1. If I take up a job with another company near my hometown providing them the copy of the email resignation and the physical mail, would it turn out to be legitimate in background verification check. Can my previous company put me in absconding status and negate the verification?
2. Is there any law which governs this kind of situation and discourages companies to exploit employees under such circumstances.
3. I was hospitalized and submitted the claim for the same while I was still with the company, the insurance company has cleared the claim and issued a cheque which my company is refusing to provide to me. Can something be done about it?
Please help me with this. I have received a few offers with good companies but
am skeptical to join as not sure what would the verification turn out to be!!
Please Help
ANJAN KUMAR PAUL
25 May 2011 at 17:01
Hi,
I was working on a private engineering firm as a service engineer on their kolkata office since may 2008 after 2 month i have get a better opportunity and i have given the resignation on that because that time I am in probation period and in this period i have resign from the company without any notice as per my appointment letter.
After resignation they didn't gave me release letter result of that I could not joined in my new company. Then I have urge to my existing company to rejoin to my work. They said to me to send a blank dtd. chaque of Amount Rs.50,000.00 with a letter that I will work here at least three years, if I unable to fulfill that they can encash the chaque. In those days my economic condition was very poor and lots of pressure had went my head. Hense i have sent the chaque with the letter in17th november 2008. After sumit the letter I had rejoined here but they didn,t issue my Appointment letter. Also they idn,t give any PF any medical facility. I was followup so much to my branch Head for medical facility or card but I didn,t receive. I was working mainly in OIL sector which place is very much hazardous and here working is very risky.
They didn't fulfill the commitment that and after ending my 6 month probation period, they didn't increase my salary and even after completion of 1 year also they didn't. In addition that so many harassment was there and I was felt totally uncomfortable and uneasy. I felt mentally sick and dull and I decided to leave this company any how.
In June 2010 I have joined in my recent company without submitting the resignation in my past company. After 2 month they had sent me a letter for rejoin immediately but I could not answered the letter. After that they didn't correspondence with me and I also didn't contact with them.
Now, suddenly when I have checked my account I saw they have dropped the chaque on 21/4/2011. Now I don,t have sufficient fund in my account. On 25/5/2011 I have received a Legal notice about the matter and for submit the security deposit of Rs.50000.00. It is very difficult to give the money for me. So, there I request to assist me to take a further action about the above matter.
Anjan Kumar Paul
Md Mukibul Islam
25 May 2011 at 12:59
Hi Sir,
I joined an MNC on 21st of Aug 2006 and resigned the same on 2nd of May 2011. I have completed 4yrs and 254 days in that company. Now as per the Payment of Gratuit Act, 1972, Section 2A 2(a)(i) and Section 4(1)(b), I think I am eligible for the payment of gratuity. But my company is denying that and saying that "you need to complete 5yrs for gratuity".
Please let me know whether my understanding of the Act is correct. And if I'm correct please let me know what process i need to follow legally to get my payment of gratuity.
The Act document for you reference.
http://labour.gov.in/clc/PaymentofGratuityAct.doc
Thanks and Regards,
Mukibul
Anonymous
24 May 2011 at 23:25
They pray for and are granted one month's time to file counter affidavit.� Two weeks' thereafter for rejoinder affidavit.
List for admission on 17.8.2010.
The learned counsel for the petitioner submits that in view of the judgment of this Court in the case of M/s PFIZER Ltd. versus State of U.P & Others 2010(125) FLR 350, the award� holding that medical representative is a workman is not illegally sustainable.�
The matter requires consideration.
Till further orders, the effect and operation of the impugned award shall remained stayed.
Order Date :- 28.5.2010
I had already filed counter affidavit and rejoinder affidavit had also been file long back.
eversince then the case has not been heard for admission.
i had not been granted 17-B too.
the issue on which the stay has been granted already stands decided by high court as interlocatory order thrice.
almost a year is passed, the case is neither been admitted nor stay has been vacated nor any relief in the form of 17-B had been granted.
PL PL suggest effective remedy to me
N.J. MISHRA
24 May 2011 at 17:33
whether educational institute affiliated by universities comes under the provision of Bombay Shop and Commercial Establishment Act, 1948? if no kindly refer jdudgement for supporting my case
member please guide me
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Termination from Company
Company Has pressurizing me to resign from service when I have not to resign he has stopped & hold my salary to create pressure for resignation I have written for the matter to the higher authority after that company has orally terminated after that . I have written a letter to DLC ( Deputy Labour Commissioner ) & copy to chairman & other higher officials.
DLC has given a matter to Labour Supreindent for an enquiry during the consolidation proceeding company has extended more for settlement but not interested to settle after that company has make a false transfer order and produced before Labour Suprendient and said that employee has not terminated he has transferred but I have proved before the L.S. that the transferred order is false and make it after termination for back date after that L.S. has advised me to file a case against company U/S 26 of Jharkhand Shops & Establishment Act 1953 ( Bihar Shops & Establishment Act ) and L.S. has filed a case U/S 28 for recover my salary which is calculated ( Month x 10 Times ) after that company has send a courier after ten months for the complain of which inside a hand bill of birla and the receiving of that courier has been produced before the DLC court that he has send a salary cheque and employee has received the cheque but not present in his bank A/C but the fact is that there is no cheque inside the courier.
I have given own witness before the DLC in court and the opposite party has given for witness before the DLC of which all are given false statement and the case has pending before last three year and after that D.L.C. has changed after the retirement of DLC new DLC has closed the case and given his judgment without hearing my side the case is not maintainable because there is no termination because the company has not issued any termination letter.
Judgment letter has attached.
The branch manager who has terminate me has resigned from the company has given print out of his email that how the company create all this termination and transfer.
He accepted his emails but deny that he had not given me that and blamed that I have hacked his email.
D.L.C. has deny this email has a proof because its an internal communication between the officials.
Pls. suggest what I have do. Judgment attached.