Anonymous
14 August 2010 at 12:50
HAI frnds,
can anybody suggest me about the payment of leave encashment on which salary during employee settlement ? whether it is on gross pm or basic & da. what law says? any supporting legal orders on this issue? because as i have verified few companies will pay on gross salary and few on basic @ da as mentioned in the company hr policy. but legaly which one is correct? to experts desk
ANURAG VERMA
12 August 2010 at 21:08
I AM ANURAG VERMA WORKING IN THE ORIENTAL INSUANCE COMPANY LIMTTED AS AN ASSISTANT. IN THE YEAR 2005 THERE WAS A QUAREL WITH A PEON
AND A MANHANDLING HAPPENED WITH BOTH OF US. HE IS FROM SCHEDULE CASSTE. COMPANY HAS ARECENTLY PENALISED ME IN MAJOR PENALTY AND REDUCED MY BASIC SALARY FROM 12035 TO 4995. PENALTY OF REDUCTION IN BASIC SALARY AT LOWER SCALE.
HOWEVER THERE WAS NO MEDICAL EXAMINATION , NO FIR WAS LODGED IN THE CASE.
COMPANY HAS FINANCIAL ABUSED ME TO RUIN MY LIFE AND MY FAMILY
PLEASE ADVISE ME THAT WHO CAN FIGHT MY CASE IN THE LAW OF COURT OF INDIA
ANURAG VERMA
PH 9873411313
Arjun Arjun
12 August 2010 at 20:03
Dear Experts,
My cousin has been working in Manappuram Finance since 14.08.2008.In February 2010,he became confirmed employee of the company.
Today my cousin is told that he is not eligible to get bonus(to be received this year) since he has not been confirmed employee for the previous year.
Please advise us if my cousin is eligible to get bonus(to be received this year).
Regards,
Anoop
Ramamurthy SIvakumar
12 August 2010 at 12:18
Dear SIr
We are Mining and manufacturer of vermiculite and vermiculite based products. Our processing plant is located in the mines area only. Vermiculite is a mineral taken from the earth. The crude so excavated from the mines will have to be procesed before marketing the products.
As per the ESI act , ESI does not apply to Mining operations.
We are registered with Department of Commerce as SSI unit. Mining lease is given bt the DEpartment f Mines and Geology.
I would like to have the valued opinion of the experts on the following.
1. Whether ESI act will be applicable to us ?
2. As per the mines act 1952, wages paid for processing , dressing of the materials till the materials are ready for sale will be considered as mining operaion.Under the circustance, whether the wages paid for the processing labour will be subject to ESI. I repeat that the processing units such as drying , crusing etc are well inside the mines area only.
3. Whether the machinery repair work given t outsiders will attact ESI. Work is being carried out out side our mines area. Fitting is done by our technicians.
Suresh C Mishra
12 August 2010 at 09:42
The Judgement of Hon,ble Supreme Court in Gaziabad Cooperative Bank says that all the employees of cooperaive sector can not avail he remedy under UPID Act of ID Act, the labour Courts and Industrial Tribunals are rejecting the reference pending? Now
1- whether the case of spinning factories or sugar mills which are fully registered under the factories Act, 1948 and they have their Certified Standing order for the governing the service condition of the workers of the mills can be excluded and be stopped of availing the remedy under UPID Act of Id Act 1947 as the principles laid down by the Apex Court
II- What is the legal remedy for the retrenched or dismissed workers of these mill
III- what is the procedure of closure of the factory and settlement of its workers dues etc except the under the ID act .
Anonymous
11 August 2010 at 23:45
HI seniors
I am a fresher and have been recruited by an MNC 3 and half month back having no bond and i only received a offer letter from the company in which the salary structure and next grade is mentioned and nothing is mentioned about the notice period.
My HR say that u have to give 3 month notice before leaving the job otherwise legal action will be done against you. So please suggest me regarding the above problem as soon as possible
Your suggestions will be highly appreciated
Thanks and regards
Anonymous
11 August 2010 at 21:40
A is in the service with a Private Limited Company, over the past 15 years. The Company's higher up issued a letter stating that A hs acquired wealth/property which is disproportionate to your income considering the A's Cost to Company of Rs. 10 lacs per annum.
Considering the fact that you are full time employee of the organization are required to devote full time and energy in rendering services to the Company, your ct of amassing huge property and the disproportionate amounts rises serious doubts about your integrity and need proper explanation.
Moreover, there are serious allegations aginst you that you hve amassed this wealth through illegal / improper means by cheating the Company fraudulent manner.
Under the circumstances, we would advise you to submit the following:
1) Copy of the Income Tax returns / Form 16 for the 6 years and explanation in writing as to what re sources of income through which you have acquired this disproportionate property / wealth.
2) Pass books of all your bank Accounts showing entries for the last 3 years for our verification.
Sd/-
The question is to all experts, with a request to answer the following queries.
1. Whether the employer can contemplate to initiate legal proceedings, on the surmises under Criminal/Civil/Service laws?
2. Is it not proper for the employer to specify based on which he has come to the conclusion of cheating, fraudulent, illegal / improper manner possessing amassing wealth and property?
3. How can he the employer demand A's documents to use against 'A'?
As far as A is concerned he is honest, hard working. A is at painful stage inspite of his honesty the employer is now questioning his integrity/loyalty towards the organiztion. The allegations are far from reality. With regards to the allegations A is in a stout position deny.
4. Can A put the employer to the strict proof to the above contents?
5. What is the legal position and its remedy?
6. As stated at Sr.1 above the employer vide his latest letter dt. 10/08/10 further demanded from A the Form 16 for 6 years and Pass books of all Bank accounts failing which criminal/civil proceedings may be commenced against A.
Under the circumstances as to what A has to do immediately?
Can A approach Human Rights commission? If yes, in what form A can approach?
Ple. forward your valued answer.
Experts answers are eagerly solicited.
Anonymous
11 August 2010 at 21:37
A is in the service with a Private Limited Company, over the past 15 years. The Company's higher up issued a letter stating that A hs acquired wealth/property which is disproportionate to your income considering the A's Cost to Company of Rs. 10 lacs per annum.
Considering the fact that you are full time employee of the organization are required to devote full time and energy in rendering services to the Company, your ct of amassing huge property and the disproportionate amounts rises serious doubts about your integrity and need proper explanation.
Moreover, there are serious allegations aginst you that you hve amassed this wealth through illegal / improper means by cheating the Company fraudulent manner.
Under the circumstances, we would advise you to submit the following:
1) Copy of the Income Tax returns / Form 16 for the 6 years and explanation in writing as to what re sources of income through which you have acquired this disproportionate property / wealth.
2) Pass books of all your bank Accounts showing entries for the last 3 years for our verification.
Sd/-
The question is to all experts, with a request to answer the following queries.
1. Whether the employer can contemplate to initiate legal proceedings, on the surmises under Criminal/Civil/Service laws?
2. Is it not proper for the employer to specify based on which he has come to the conclusion of cheating, fraudulent, illegal / improper manner possessing amassing wealth and property?
3. How can he the employer demand A's documents to use against 'A'?
As far as A is concerned he is honest, hard working. A is at painful stage inspite of his honesty the employer is now questioning his integrity/loyalty towards the organiztion. The allegations are far from reality. With regards to the allegations A is in a stout position deny.
4. Can A put the employer to the strict proof to the above contents?
5. What is the legal position and its remedy?
6. As stated at Sr.1 above the employer vide his latest letter dt. 10/08/10 further demanded from A the Form 16 for 6 years and Pass books of all Bank accounts failing which criminal/civil proceedings may be commenced against A.
Under the circumstances as to what A has to do immediately?
Can A approach Human Rights Commission? If yes, in form A can approach?
Ple. forward your valued answer.
Experts answers are eagerly solicited.
BHAVESH Y KAYASTHA
11 August 2010 at 17:18
suppose employee do not service continiouesly for five years after one year he resigns his service. in this situation can he claim graduity from his employer.,
moreover graduity deduction by employer must be deposited with any govt. dept. if yes to whom, where and how, when?
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Permanency in Public Sector Undertaking
Sir,
I want to know that "Is there any rule one person is tobe a permanent staff aftering working the exact period in PSU?" Kindly reply.