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Anonymous   01 July 2010 at 10:16

rules for getting relieved from employer

I am working in a sales company for last 1 and half year.
My offer letter says that i will be under probation for 6 months and after that i will be confirmed by issue of confirmation letter.
it also says that my notice period is 30 days during probation and 90 days after confirmation.
I have not been confirmed so far and i have recently tendered my resignation. Now the company says that i am confirmed but they have not issued the letter and my notice period is 90 days.
I need leagal advice to have a smooth releiving.
nandakishore

jagan   30 June 2010 at 22:51

Departmental Enquires

1. Whatis Malafide in Dept. Enqiry?
2. What is Bonafide in Dept. Enquiry?
3.What is Bias (Do)
4. What is Victimisation?('')
5.When can a court interfere in a departmental enquiry?
6. What is a vague chargesheet?
7.What is prinicples of natural justice?
8. When can a chargesheet be quashed by a Writ court in dept. enquiry?

Please provide case laws for the above questions with a certain amount of detailed explanations.

Govind Sharma   30 June 2010 at 16:06

Re: ESI Coverage

Hi,

Any company registered under Shops and Establishments Act with employee strength more than 20 need to register under ESI Act and all employees whose gross salary is Rs. 15000/- need to cover under ESI Act

Regards
Govind

vijay ghangrekar   30 June 2010 at 15:45

casual leave rules in private sector in india

please guide me to make casual leave provisions in asmall private company

Anonymous   30 June 2010 at 15:31

Real Life legal issue, please help!!

hello all,
I want your advise on a legal issue that has come upto me through a real life situation involving a very near and dear relative of mine. Here is the question-
A government servant, Mr.X was wrongfully arrested while discharging his official duty, was sent to judicial custody for 40 days. His department extended and financed all the legal help, including lawyer's fees and bond for bail. The fact that the ministry, under which the department comes, did not suspend Mr. X and also recruited additional solicitor general for his defence, shows that the his department and the ministry consider Mr. X innocent.

Presently Mr.X, who is out on bail, after being defended by additional solicitor general himself, is facing a problem. The problem is, that though the department expressly considers him innocent, they are unable to decide whether the period spent under judicial custody be treated as period spent on duty or not.

According to me, under the given circumstances the period spent in judicial custody should be treated as period spent on duty and not as extra ordinary leave, as labelling this period as extraordinary leave would be same as taking a punitive action against Mr. X, which he is not liable for. As the fact that he was WRONGFULLY ARRESTED while DISCHARGING HIS OFFICIAL DUTY, and DEFENDED BY ADDITIONAL SOLICITOR GENERAL, and NOT SUSPENDED (as is usually when a government servant is arrested for criminal charges he is suspended), show that he is considered to be innocent by the department, and the department has taken on itself to defend this person.

Please give your legal advise as to how should the 40 days period spent in judicial custody be treated, and if you could back it with case laws or rules and regulations on the same, I would be highly obliged.

Anonymous   30 June 2010 at 11:42

Bonus Payment Act

some of the company's emloyees getting minimum wages (Gross salary)but for the bonus payment we have break the gross salary and fix the basic salary almost half of the basic salary. Is this legaly right

Anonymous   30 June 2010 at 11:42

How can I over ride the Employment Agreement.

I was employed in a company and was executed an Agreement of Contract stating that I should work for a period of 5 years etc., terms and conditions. But after a period of 2 ½ years, I got a good opportunity in a MNC. I informed the same to my company, but the company insisting me to pay liquidated damages as per the clause, as mentioned in the said agreement. I requested the company to pay the said amount on monthly basis; accordingly I have given post-dated cheques for the said sum.

Since my financial position is not permitted to pay the monthly installments, 5 monthly cheques were returned and thus the company has filed five individual Cheques bounce cases against me.

In this (1) how I could avoid to face such cases and such damages. (2) how can I override the above said Agreement of Contract. Plz. Clarify me in detail.

raju9   30 June 2010 at 08:47

in govt hospital nurse k naukri me gadbadi

1)kya koi nurse december2009 k sat&sunday k chutti feb2010 me le sakti he? 2)kya koi nurse jis din duty pe nhe thi muster pe apsent lekha he phir bhi uske samne sign karti he kya a kanoon true he ? 3)muster pe present lekha he phir bhi uske samne sign nhe he? 4)in gadbadiyon k liye shikayat kha kar sakte he?

Anonymous   29 June 2010 at 21:25

termination of employment without notice

my company has stopped sending my salary for the past 3 months for no apparant reasons & suddenly without notice they have served a termination letter on me.Kindly advice as to the legal course of action that can be taken up to release my dues.

suraj kumar singh   29 June 2010 at 19:04

Case Insaurance law

hii

can any one inform me that recently there is a judgement passed by the Delhi high court regarding the insaurance claim....it was held by the court that in order to claim the insaurance amount, VISCERA REPORT is not mandatory...i want to know the name of case or citation of case....i need it at the earliest

Regards,

Suraj Kumar Singh
Advocate
Delhi High Court
09810329829