Anonymous
28 October 2010 at 21:48
1.Employer to recover 3 months notice period amount from employee in Full and Final Settlement, Which salary have to consider?
1. Gross Salary
2. Net Salary, or
3. Basic Salary
Is there any law for this.
2.Employer can have right to recover Gratuity amount of Employee without his acceptance, while Full and Final Settlement towards 3 Months Notice.
Anonymous
28 October 2010 at 19:27
Sir
My Friend has joined in one of the leading private bank and worked for a month after a month due to heavy work pressure he decides to resign and submit his resignation. but the bank ask him to serve for the notice period 3 months and also urge him to pay Rs. 1 lakh. Since my friend did not sign any agreement with the bank. How to deal with this issue
Anonymous
28 October 2010 at 12:23
Plz, in this month a new amendment in bonu limit, Current time bonus limit is 3500 rupees but today i heart bonus limit is 10000 rupees plz confirm the same.
Anonymous
28 October 2010 at 11:56
hello sir,
ours company is a infra. co. having off.at mumbai and alloted contracts by state govt. We have sub contracted it to another 2 companies. Our certificate of Regn under Contract Labour Act, 1970 comes to end in Dec.2010. now we want to renew it.
pl. tell me whether first the sub- contractor has to renew its licence then we have to apply for the renewal ?
thanx
Mahesh sharma
raghavendra
27 October 2010 at 18:58
sit.
please give me one judgement , that shows gratuity should be calculate on consolidate amount , which received by the employee.
thanking you
Anonymous
27 October 2010 at 17:53
Please inform as to whether the the Inquiry Officer appointed by the Honorary Chairman who does not hold any executive, administrative or legal powers , send along with the first notice to the charged officer
the copies of Memorandum of article of charges, statement of imputations of misconduct and/ or mis misbehaviour,list of documentsand list of witnesses and ask the charged officer to file Statement of Defence.
To the best of knowledge the written statement of defence is filed only before the Disciplinary Authority and not before the Inquiry Officer. Please clarify.
Can the charge sheet signed by a person holding the additional charge of a post and having no statutory powers of the post be considered as valid ?
Can the pre dated Affidavits of the departmental witnesses who did not have first hand knowledge of the evidence nor were suitably qualified to depose be taken as conclusive pieces of evidence on which the Inquiry officer would make all his findings in an ex parte Inquiry?
Can the Inquiry Officer in his ex parte Report write phrases like "it appears from the affidavits" ,and can he give his personal opinions like " It is no public duty to make unfounded , unsubstantiated and scandalous allegations against a body and to start thinking with legs when asked to stand up and face the charges" .. "Institutions are not run with such acts of subversion, inactivity or callousness"
Further can the Inquiry Officer become personal and start putting his own defence against a charged officer who does not participate in the Inquiry alleging bias of the Disciplinary Authority and that of the Inquiry Officer.
Kindly reply quoting case laws , if any as regards non admissibility of Affidavits in a Departmental Inquiry .
Anonymous
27 October 2010 at 08:56
Hello,
An organisation recruited a candidate on contract for 3 years. The appointment letter stated the pay scale as follows: 21000 - 1050 - 27500 etc. However, after teh first year of his appointment, the company failed to pay him accordingly and whatever got added to his salary as increment never got added to his basic pay. The normal practice is to add the 1050 to basic which makes it 22050. This is vital since all allowances are computed as a percentage of basic. Can the company do so? is it not against what is promised in the contract? what action is possible?
VIJAY K. TEOTIA
26 October 2010 at 20:47
One employee has been terminated from his services. he submitted Form 31 for partial withdrawal from his account, which is supposed to be for final withdrawal. and the reason cited is "illegal termination". can ex employee mention such reason for withdrawal of advance. is he right to submit form 31. can the company refuse to sign wrong form.
Anonymous
26 October 2010 at 19:54
Please inform as to whether the the Inquiry Officer appointed by the Honorary Chairman who does not hold any executive, administrative or legal powers , send along with the first notice to the charged officer
the copies of Memorandum of article of charges, statement of imputations of misconduct and/ or mis misbehaviour,list of documentsand list of witnesses and ask the charged officer to file Statement of Defence.
To the best of knowledge the written statement of defence is filed only before the Disciplinary Authority and not before the Inquiry Officer. Please clarify.
Can the charge sheet signed by a person holding the additional charge of a post and having no statutory powers of the post be considered as valid ?
Can the pre dated Affidavits of the departmental witnesses who did not have first hand knowledge of the evidence nor were suitably qualified to depose be taken as conclusive pieces of evidence on which the Inquiry officer would make all his findings in an ex parte Inquiry?
Can the Inquiry Officer in his ex parte Report write phrases like "it appears from the affidavits" ,and can he give his personal opinions like " It is no public duty to make unfounded , unsubstantiated and scandalous allegations against a body and to start thinking with legs when asked to stand up and face the charges" .. "Institutions are not run with such acts of subversion, inactivity or callousness"
Further can the Inquiry Officer become personal and start putting his own defence against a charged officer who does not participate in the Inquiry alleging bias of the Disciplinary Authority and that of the Inquiry Officer.
Kindly reply quoting case laws , if any.
roshni.justin@yahoo.com
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Perquisite of employee
There is an employee of ours who has left our service. She was provided with a car which she has taken. The condition of employment states that upon leaving she should take the care and pay at book value less depreciation. The employee is not willing to pay and insist on the company to take back the car. Can we take a sell it and recover the balance money from the Full & final settlement of the employee. By doing this are we as employer going to be contravening any of the labour related laws? pl. suggest urgently.