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Anonymous   18 March 2011 at 17:05

Transfer of WP to Labour Court.

Sir,

My request is that I have filed a writ petition in Hon'ble High Court reg. my illegal termination. My question is that - (i) at any point of time can I request hon'ble High Court to transfer my case from High Court to Labour Court;

(ii) can I request to transfer from service matter case (WP) from Hon'ble High Court to Labour Court at the final stage of hearing in the High Court

please advise me by today

Anonymous   18 March 2011 at 13:15

E.S.I.Act

Sirs,

We have 200 employees in our factory. Out of them 190 employees are drawing more than Rs. 15,000/- w.e.f. 1.5.2000.

Rest 10 are Trainees drawing a lumpsum salary of Rs. 8000/-.

ESI Authorities raised demand notice and show caused for all 200 employees on an assumed salary of Rs. 8500/- and demanded @ 6.5% per month from 1.5.2010.

My query is since 190 employees are drawing more than Rs. 15,000/- the statutory limit fixed under ESI Rules, upon production of proof of salary payment, can the demand be reduced to the balance 10 trainees on their salary of Rs. 8000/- @ 6.5% on the number of months.

If the trainees, gives a declaration that they are provided superior medical/hospital facilities, can ESI drop the demand for these 10 Trainees, or still they can insist for payment for these 10 trainees.

Thankful for kind guidance in the matter.

Anonymous   18 March 2011 at 08:48

Compensation

Dear Sir/Madam

A big Company has taken over my small Company.

The Big Compnay has forced me to sign a resignation letter and gave me ex-gratia payment of only 9 months. I have signed the resignation as they were giving threats of humilation and termination.

I worked in this Company for 15 years and I had requested the minimum for 15 months salary, i.e. one month for every completed year. The Company has refused.

Can you please advise how can I claim compensation for 15 months or more and other recourse.

What are the legal safeguards for me.

Appreciate, if you forward your advise as fast as possible, as time is running out for me.

Thanks and Regards.

Husne Mubarak   17 March 2011 at 19:57

Difference between a Factory and Industry

Respected Sir,

I would like to know what are the basic differences between a factory and industry.

Thank you.

Anonymous   17 March 2011 at 17:50

Recovery of Notice Period

Dear All,

We have a situation - One employee resigned on 1 Jan 2011 and had 2 months notice period. His LWD was approved at 1 March 2011 as per policy. Employee forced the company to make Jan 31, 2011 as his LWD. Company had not accepted and in written educated him on the Notice Period and approved LWD.

Now on Jan 31, 2011 employee bids a good bye email to all and also dint return the company property.

On interactions, employee has ordered the company to give him money else he will not return the material.

On regular interactions after 20 days, he returned the property and we proceeded with the company policies of Notice period recovery and paid him through FFS.

Pls note we have policy of no leave during notice period. Also there is no leave encashment or adjustment. we advice employees to take 2-3 PL's for family once in two months as the work nature is quite stressful and requires much of travel in job.

Please advice if employee can move ahead with any legal case against company.

D Madhavi Latha   17 March 2011 at 00:07

divorce

the cause of action applying divorce is minimum one year. if the girl is made to suffer metally and physically and want to apply for divorce and want to take back the gold and silver articles which were presented by her parents and relatives at the time of the marriage what is the procedure to be followed legally. insted of receving the articles through civil prcedure after obtain the dovorce whether we can suggest to proceed under cr.procedure i.e. lodging complaint u/s 498-a and take an order for search and scease theproperty .

Deep   16 March 2011 at 21:29

Full and Final in case of no notice period served

Hi,
I just had to resign from my job due to some unavoidable circumstances in office. . I did not serve any notice period as it was impossible to work there. These people are not giving my salary. and said i will have to pay to them as i did not serve any notice period.
In the past also they had asked the employee to leave and had paid full salary for the working days and
even the employees who had resign after taking the salary ,company has never asked them for recovery for notice period..
Even for the absconding case they had paid the salary .

THIS COMPANY HAS NEVER FOLLOWED ANY PROCEDURE SO WHAT ARE THE CHANCES TO GET MY SALARY?


Anonymous   16 March 2011 at 18:38

Asking for compensation after being fired(asked to resign) from the job.

Hi,
One of my friend used to work in Bank of America, she was asked to resign after 11 months. She did the way she was asked.

Now they want her to pay some clearance money (more than twice her salary) before she gets the relieving letter.

I'm just wondering if that's legal and instead of compensating for 2 months of pay ,why are they asking for money?

Is there any way we can get back to them?
Any help is much appreciated.

Anonymous   16 March 2011 at 15:36

Maternity Rights

Dear Sir,

I am working in a Pvt. Ltd. Company for the last 3yrs and my delivery date is very near in next couple of months. in this regards I have some questions which I want to clear :

1) Shall I be eligible for Maternity leave with Full salary?
2) For how many days leave I can avail during Maternity period?
3) During Maternity leave period should I will be eligible to get my salary on every month basis or once I join back to my job then only I will be eligible to receive my complete salary?
4) Maternity benefit comes under which Law & Act?

You are requested kindly provide your valuable advise in the above mentioned points. Your valuable feedback will sort out all my doubts and worries.

Thanks & Regards

Anonymous   15 March 2011 at 17:36

Maternity Benefit

Dear Sir,

I am working in a Pvt. Ltd. Company for the last 3yrs and my delivery date is very near in next couple of months. in this regards I have some questions which I want to clear :

1) Shall I be eligible for Maternity leave with Full salary?
2) For how many days leave I can avail during Maternity period?
3) During Maternity leave period should I will be eligible to get my salary on every month basis or once I join back to my job then only I will be eligible to receive my complete salary?
4) Maternity benefit comes under which Law & Act?

You are requested kindly provide your valuable advise in the above mentioned points.

Thanks