Anonymous
05 August 2010 at 12:41
Is leave encashment mandetory to be paid to the employee at the time of sepration by Law? information regarding this stated in which law, where can i find the details about the same. I need the actual leagal documents where i can see or read the details. As i need to submit this to my company and on the basis of that documents we need to plan our company policy for leave encashment. Small IT firm having less than 500 emp. based in maharashtra.
Please guide
HARIHARAN KRISHNAMURTHY
05 August 2010 at 08:52
Background :
The contract of employment has a clause which states that both the parties should serve a notice period of 30 days . It also states, that the employer has the option of sending the employee earlier by paying salary in lieu of notice.
Facts : The employee has given a notice to the employer by stating that he should be relieved " on or before" a particular date which is exactly 30 days from the resignation date.
The employer has however relieved him earlier by 8 days.
Can the employee claim the "salary in lieu of notice" clause and ask the employer to pay the same.
the critical thing is about the usage of the word " on or before " in the resignatino letter of the employee. Although the employee has used the word " on or before" he has mentioned the date which is exactly 30 days from the resignation date.
Can he claim the "salary in lieu of notice" benefit.
Are there any case laws supporting such a claim?
Thanks in advance,
Anonymous
04 August 2010 at 16:11
what is the limitation period for filing suit against illegal termination of services?
Anonymous
04 August 2010 at 12:42
Dear Sir,
I am seeking the advice on behalf of the company.
An employee was posted outside India for a project executed by the company.
The employee was involved in financial irregularities and hence internal investigation and inquiry is on.
The company is in the possesion of the passport.
the employee through an advocate has sent us a notice that employee may be sent back to India for attending his domestic needs and marked a copy of the notice to external affair department/ministry of labour etc.
My querry is can we reply that pending the investigation against him the company cannot allow him to take leave or move outside that country since the prelimnary charges that are levelled against him pertains to criminal nature only and needs to be investigated
pavan
04 August 2010 at 10:25
For the weights being used in the factory, it has got registration from the metrology department.
My query is: apart from registration any other formalities are there which factory has to comply with under the act?
Kindly advise me in this regard.
arumugam
03 August 2010 at 22:56
Sir,
I am working in Customs Department under ST quota. My ST certificate is being sent for verification at State govt. authorities. Their preliminary verification, my certificate finds under cloud. i approach high court and got stay order. Till date my certificate is not cancelled by District collector. In the mean time, CBEC directed to the head of department that we could not be posted to the sensitive places of posting. is the decision taken by the department is correct? i am genuine. i will prove my genuines in court. can i approach court for lifting the ban to place the sensitive posting. please guide me.
Anonymous
02 August 2010 at 19:14
I have a question related to fins & deduction. I working as P&A in a security firm. Some times our guards made mistake like : run form post without any application & information to his superior. Some times misbehaved by them. When my managment going to put some plenlty on them our client stop this.
So my question is that " Is client has power to intrupt within orgazation rule and proccedure" Because it is total loss of main employer. But during compliance client , whetever be fine or deduction must be ask by them.
Anonymous
02 August 2010 at 12:30
It would be appreciated to forward experts Answer to the following questions.
1) Whether the Vice-President of a Trade Union, in Reference matter under ID Act before the Labour Court at Mumbai, filing Statement of Clim on behalf of the member workman, legally valid?
2) The Claimant, vice-president produces letter of authority signed by the President of the outside Trade Union to represent as vice-president for and on behalf of the Member-Workman, whether legally valid?.
3) Since the vice-president is the signatory to the Statement of Claim filed before the Labour Court, whether he can be examined to vouch the contents?
Anonymous
01 August 2010 at 20:01
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?
Experts answers are eagerly solicited.
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act governing matter of wrongful termination of services
under which act one can filed a claim of illegal termination of services with labour commission?