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Suresh C Mishra   11 September 2010 at 14:25

appointment of authority under the Minimum wages Act

who will be the authority under the minimum wages Act ? whether the Assistant labour Commissioner who is not workmen compensation commissioner at present by the amendement in this act can continue as authority under the Minimumw Wages Act. and what will be the position when the authority is continuing as authority under the Payment of wages act ? a serious jurisdictional matter , Please reply this question along with referecne and advise whether the authority woking at present can continue or not and what will be the fate of orders passed by them ?

Anonymous   10 September 2010 at 21:50

Legality of service bonds

Hi Friends,

I used to work with a MNC BPO company in Delhi since January 2007. In Feb 2007, the company sent me along with some other people to U.K. for 8 weeks for some on job training (as they call it) on our client's site to gain the process (business) knowledge so that I can perform the same work at our Delhi based office.

Before sending me to U.K. they made me sign a service bond for 2 years with a value of Rs. 2 Lacs.The service bond copy is attached with this query.The terms of the bond is that I will have to continue to serve the company for two years after I return from U.K. I had already completed 16 months of this bond period. The only bond period left was just 8 months. Further please note that the work which I used to do in Delhi is now being performed by some other employee who was trained by me for good two to three months. She was independently handling the job and the business was also running smoothly at the time when I got myself transferred to Kolkata. Hence my manager in Delhi also agreed to release me as I properly trained a new employee on my existing job. Later on I got myself transferred to our Kolkata office where I was waiting for my new assignment to begin.

In this meanwhile I got a very good opportunity in some other company offering me day shifts and I accepted to join them. Before joining I also told them regarding my bond issue but they accepted a copy of my resignation e-mail as a proof of resigning from my previous company.

Accordingly I resigned from my previous company after serving proper notice period and had requested my manager to waive the bond amount but the HR told me that they will not waive the amount which amounts to Rs. 1 Lac. Now they have sent me a letter through a Lawyer demanding Rs.90,448.00 which I am unable/unwilling to pay. What can happen if the company files a legal case against me? Please advise whether I am in a position where I can defend any legal case which the company can file against me?"

“Here it is to be noted that when I joined my previous company, I was having a work experience of 4 years for which I also have a work experience certificate. There was no such training given to me in U.K. We only used to sit beside our U.K. colleagues and used to see the work they do. Later on we started doing the same work from our Delhi office. Also given the fact I trained a new employee for complete three months in Delhi before taking a transfer to Kolkata signifies that the company did not suffer any losses which they are claiming now. In Kolkata, I was on bench and was waiting for my new assignment to begin and that is when I resigned after serving proper notice period”

So friends based on above facts can you please guide me as to where do I stand if any legal case is initiated against me by my ex employer?

The Service bond copy is attached.

Nick   10 September 2010 at 21:15

498a/304b - Travel

we have 498a/304b IPC case against me and my parents.case is in trial state.
Is there any way so that i can travel out side country for 6 months for office work?
Say I want to travel to UK .

Anonymous   10 September 2010 at 13:52

Legal Notice by Previous Employer

Dear Sir/Madam,

I have received a legal notice from my last employer stating -

1. I have joined competitor company.
2. Violated Confidentiality agreement breach.

Due to this legal notice in place my full and final settlement is pending with this employer.

Pls suggest , how to go about it.

Regards, Indresh Mishra

Parthasarathi Loganathan   10 September 2010 at 12:05

Week End Law Practice

Can an employee holding law degree carry out law practice rendering legal counselling to clients and involve in all Back-end jobs related to court matters assisting a Senior Advocate?

Dinesh   10 September 2010 at 11:24

Omec-Maven Business Solution- releaving without salary issue

Hi.
I am Dinesh, an IT professional from Noida.
I worked in a company named- Omec business solution (A unit of Maven business solution), Located- sec 16, near logix park.
My Designation- Sr. Web developer(TL)
Appointment Date-14 Jan2010
Re-leaving date-08Sept2010.
I give notice period before 15days as per company rule and they also accepted but when I got re-leaving letter on 8th Sept 2010, They did not provide me salary cheque. Their saying was- It will inform you after 15days of re-leaving.

I did work there for approx 8 months. Till date there is no work pending / no project pending from my side. I have following things
1) offer letter dated 16jan2010
2) appointment letter (after 3 months)
4) appraisal letter( I got appraisal after 3 months of joining)
5) Re-leaving letter give on 08sept2010 with signature and stamp.
6) E-Mails conversation which i also send from company email id to my personal email from the time of notice period to till date.
They also take my signature on a copy of re-leaving letter.
They don't give me -
1) No salary for the month of Aug2010.
2) No other documents or written which can specify that they will give me salary after 15days of re-leaving.

please guide me, what should i do?
I shall be very thankful.

Dinesh verma
+919718461838

Anonymous   09 September 2010 at 13:34

Leave encashment

Dear Seniors,

In our company we provide 15 PL to employees on accumulated basis/ carry forward basis.

My question is how to calculate leave encasement amount at the time of final settlement of any employee if he have accumulated leaves 30 (for 3 calender year)

I mean should it calculated on last basic or based on the actual basic for every year.

Is there is any statuary obligation ?

Kapil   09 September 2010 at 12:41

Filing before H'ble High Court

I have signed in appeal before High Court in one of the matter regarding Provident Fund on behalf of my company.
Now i want to know whether am i liable for any kind of query regarding this matter personally? What will be the position after my resigning from this company??
Am i liable for any kind of statement given on behalf of the company? Whether i have to attend the litigation in future after my resigning from this company??

Anonymous   09 September 2010 at 10:50

Regarding leave policy

Is there anything like compulsory leave policy in any act.

If yes, kindly provide.

NAYAK MAFATLAL GORDHANDAS   08 September 2010 at 23:59

deduction made by bank management from arrears, although i a

I am under suspension from 25/11/2009,getting 1/2 salary as subsistance allowance from 4th month after suspension.I was branch manager in dena bank as on suspension.As per wage settlement between iba and bank unions, bank has paid me the arrears from November 2007, but deducted a big amaunttowards overdue loan instalements not deducted after my suspension,pl. tell me weather it is legal deduction made by the management ?
I am of the opinion that i have paid regular loan instalments upto 25/11/2009, but after that as pernorms bank have not deducted loan instalments, so i say i am not defaulter,and bank should refund the deducted amount, i have made appeal tothe bank, but not responded till today, now, what to do, please guide and help me