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Anonymous   17 August 2010 at 13:28

urgent help required

Dear Experts,
Greetings,


I'm working with a pvt. ltd. company since April 2008 as a retail store manager in Rajasthan. The company is engaged in the business of retailing of branded cloths. When i was appointed i didn't get any appointment letter neither service contract was filled by me. And apart from that i didn't signed any legal paper (stamp) for the penalties if any shortage occurs in the total stock quantity. I don't get overtime as i work 12 or more than 12 hours par day. I don't get either CL/PL. I don't even get national holiday off or compensation.

I've been promoted to operation executive 2 months ago, so i left the store i was appointed for and they appointed a new store manager over there. Now the problem is I've tendered my resignation with notice period which was for till 31st july 2010 but i'm still working in the organization coz they did't sattle my account and they just done an audit in the store and figured out a descripency in value and units which is around 6,00,000 and it seems to be impossible for me to pay. I did't get my salary for the month of July(They hold it their side). HR Man says we'll sue you if you don't pay such amount. What should i do now as i find myself helpless??
Can i take a legal action against the company for not paying overtime or something? What legal action they can take?
Pls help me on urgent basis?


Thanking you.

Anonymous   16 August 2010 at 18:50

Recover Money for 4 Months

hello sir,

It was during the initial stages of my career. I was offered a job with 4 months as a trainee without stipend and then the after that that i will be fixed as a permanent emplyee. It was all written on a 100 rupees bond paper and they also took a 10,000 rupes check as a security deposit.

The PB started when, even after completing 5 months, they did not started the salary neither i was told about the permanent Employment. It was after my often request to HR on the salary. They told me in the end of the 5 month that they will offer 5K after successfull Project completion.

After hearing this i just left company saying im not feeling well. And this was a very decision as i got a new job which was very good.

My worries are now that they have that check given by me as a security deposit.
This check was never encashed by them , but is there any way i could get that check back and also get the stipend for those 5 Months.

Thanks,
Mukesh

Anonymous   16 August 2010 at 14:03

ESIC deduction applicable on referal amount

Our Company paying employee referal amount for giving new employee's Joining refernce i e 1000/- per employe. is it applicable for empoyee's ESIC @ 1.75 deduction on referal amount?

Manasa Ranjan Samal   14 August 2010 at 13:24

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.

Anonymous   14 August 2010 at 12:50

LEAVE ENCASHMENT

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

MAJOR PENALTY

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

DENIAL OF BONUS

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

APPLICABILITY OF esi ACT

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

whether ID Act is applicable co operative spinning worker

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

leaving the company withour serving notice

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