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Anonymous   19 March 2010 at 09:00

salary and settement dispute

Dear Experts , kindly advice me on final settelment dispute.

As per company policy (appointment letter which I singed) employee have to work in notice period of one month OR pay salary of one month (pay inlieu).
Sir, I resigned on 1st Feb.2010, and worked up to 6th Feb.2010 (I will to complete my notice period), but company blocked my last month salary (i.e Jan.2010) in which I worked full month. On the dated 8th feb. I came to know company blocked my last month salary, after enquery I came to know that HOD (General manager) given instuction to account and HR department about should not doposite Jan. salary.
And on the date 08th Feb I refuse to work in notice period because without salary it is difficult for me to servive for 2-3 months [i.e Jan, Feb, March without salary (final settelment have to take 20-25days after completion of notice period means my tentative final settelement cheque going to issue on 20-25th March)].
I requested HR manager to compansate my pending leves (32days including PL,CL,SL) or deduct my salary for remaining days of notice period but till date company not given me final settelment.
And now HOD & HR saying that you are not handover your charges so we will not issue your final settelment cheque until charge handover. But sir in my resignation latter I clearly mention that “Let me know my replesment to handover charges” but up to 8th feb. HOD as well HR not given replacement,

Before i stopped to work; I completed my pending work as well told everything related to senior (about wort status) but i dont have documentory proff of that.

I am not only facing this kind of dispute, before me (with me)4 other people are also facing the problem.

G.M saying that I given opportunity to work in this industry and you took disadvantage of it and now leaving organisation without my concern.
And one more thing i want to share that GM also cancelled my increment which suppose to be implente from month of oct.2009, other my colligues got the increment letters in month of Dec. except me.

So, please tell me in this situation what should I do and advice me for further step.

eswarkumarpotti   18 March 2010 at 16:52

reduction of salary of non public fund employee

Dear respected experts,

In our organization an employee worked more that 34 years as non public fund employee. Their salary revisions took place once in every 10 years with ordering of board of officers and there after BOO duly recommends the salary hike on the basis of the financial viability of the institute. Now, in this present case BOO was ordered in the year 2003 and again 2008, accordingly on the recommendation of the BOO 2008 their salaries were hikes erroneously by violating the rule position. The management wish/ propose to reduce the salary hike taken place vide BOO 2008 and continue the recommendations of previous one i.e. 2003. Further, the management proposed to waive off the benefits once implemented if she co-operates or otherwise excess payment was made will be recovered in 12 easy monthly equated installments. In the present scenario the financial viability of the service institute unable bear such expenses towards salary of employees. Pl guide me , if management wish do the following will attract any legal complications:-
- To reduce her salary which was approved erroneously by the board of officers?
- Proposed to waive off the excess payment which was received till date from the previous BOO i.e. 2003
- Case laws in this identical matter may please be forwarded.
- In the year of 1971 indira Gandhi govt had reduced the salaries of the LIC employees. If any knowledge on the matter please provide the procedure followed while redicing salaries,
- During recession IT companies have reduced salaries of their employees on what conditions may please be forwarded.
Thanking you all experts.

Anonymous   18 March 2010 at 12:23

Financial Management of a Trade Union

I am a senior office bearer of a trade union of bank officers'. After leaving the key post by own will after working sincerely for long 25 years, now I am being ill treated by new team, whom I only brought up.

The issue is "there is no uniformity in financial management of the union. Some are spending lavishly and no reimbursement for genuine union expenditure is being done to me."

There are no set rules made by my union and there no discipline for spending on union account. In my tenure it was.

Lakhs of rupees are spent for non members to lure their membership. Some office bearers get the reimbursement and many others never get expenses reimbursed.

Letters written to new team in this regard are not replied. No meetings are conducted.

What is the remedy for me to set right the things.

Anonymous   18 March 2010 at 08:46

Final settelment dispute

Dear Experts , kindly advice me on final settelment dispute.

As per company policy (appointment letter which I singed) employee have to work in notice period of one month OR pay salary of one month (pay inlieu).
Sir, I resigned on 1st Feb.2010, and worked up to 6th Feb.2010 (I will to complete my notice period), but company blocked my last month salary (i.e Jan.2010) in which I worked full month. On the dated 8th feb. I came to know company blocked my last month salary, after enquery I came to know that HOD (General manager) given instuction to account and HR department about should not doposite Jan. salary.
And on the date 08th Feb I refuse to work in notice period because without salary it is difficult for me to servive for 2-3 months [i.e Jan, Feb, March without salary (final settelment have to take 20-25days after completion of notice period means my tentative final settelement cheque going to issue on 20-25th March)].
I requested HR manager to compansate my pending leves (32days including PL,CL,SL) or deduct my salary for remaining days of notice period but till date company not given me final settelment.
Ans now HOD & HR saying that you are not handover your charges so we will not issue your final settelment cheque until charge handover. But sir in my resignation latter I clearly mention that “Let me know my replesment to handover charges” but up to 8th feb. HOD as well HR not given replacement,

Before i stopped to work; I completed my pending work as well told everything related to senior (about wort status) but i dont have documentory proff of that.

I am not only facing this kind of dispute, before me (with me)4 other people are also facing the problem.

G.M saying that I given opportunity to work in this industry and you took disadvantage of it and now leaving organisation without my concern.
And one more thing i want to share that GM also cancelled my increment which suppose to be implente from month of oct.2009, other my colligues got the increment letters in month of Dec. except me.

So, please tell me in this situation what should I do and advice me for further step.

R. Muthukrishnan   18 March 2010 at 08:00

ID Act Clarification

1.Whether a conciliation officer under the ID Act can (i)entertain a complaint given by a worker under Section 25(T) of the I D Act 1947, after he is dismissed from service, for some unfair labour practice alleged to have been committed by his employer before his dismissal and(ii) give show cause notice to the employer if there is any prima facie evidence during the enquiry.
2.Whether the court can take cognizance of the offence u/s 25 U(Penalty for committing unfair labour practice), if a complaint is filed after one year from the date of offence alleged to have been committed.
3.What is the remedy for the worker if no trade union espouses his cause to raise an industrial dispute u/s 2(k)against the unfair labour practice

Anbu   17 March 2010 at 11:59

Accident

A car driver involved in own Rash and neglent accident. driver and car owner has died in the spot. the another one injured passenger file a petition against car driver. The investigation officer filing a first information report in he adimit his own neglent driving. The car is ownboard drived by the driver. The car owner is a doctor.

1. The deceased driver, how can he claim?
2. How he claim in Deputy commissioner of labour? or other wise how can claim MCOP?

Anonymous   17 March 2010 at 10:47

Labour law

I would be very much thankful if you could inform me exact longform & meaning of word MRTU & PULP ACT 1971.
Rgds,

Ganesh   17 March 2010 at 09:12

final settelment dispute.

Dear sir, kindly advice me on final settelment dispute.

As per company policy (appointment letter which I singed) employee have to work in notice period of one month OR pay salary of one month (pay inlieu).
Sir, I resigned on 1st Feb.2010, and worked up to 6th Feb.2010 (I will to complete my notice period), but company blocked my last month salary (i.e Jan.2010) in which I worked full month. On the dated 8th feb. I came to know company blocked my last month salary, after enquery I came to know that HOD (General manager) given instuction to account and HR department about should not doposite Jan. salary.
And on the date 08th Feb I refuse to work in notice period because without salary it is difficult for me to servive for 2-3 months [i.e Jan, Feb, March without salary (final settelment have to take 20-25days after completion of notice period means my tentative final settelement cheque going to issue on 20-25th March)].
I requested HR manager to compansate my pending leves (32days including PL,CL,SL) or deduct my salary for remaining days of notice period but till date company not given me final settelment.
Ans now HOD & HR saying that you are not handover your charges so we will not issue your final settelment cheque until charge handover. But sir in my resignation latter I clearly mention that “Let me know my replesment to handover charges” but up to 8th feb. HOD as well HR not given replacement,
So, please tell me in this situation what should I do and advice me for further step.

Thanks in advance

vinod bansal   16 March 2010 at 22:55

Application for recovery of arrears of wages

R/Members
My client was working with a agriculturist in his fields as a simple labourer ,later on my client was kicked out without paying his arrears now i has served a notice on his employer but he has not paid his arrears till today ,under which provision i can file a complaint in labour court ,as i have came to know labour act is not applicable in agricultral work,what i have to do, can i file a simple application before labour officer. Kindly advice. Thanx

Anonymous   16 March 2010 at 13:22

Provident fund and miscellaneous provision Act

Sir,
I worked for a company for more than 2 years.
and after resignation I have applied for my P.F. at P. F. Office. but found that my Employee no. is not correct, so I immediately communicate the management and asked them for disbursement of my P.F. In the mean time I got informed one of the employee of that since a long time company not made its contribution in the account.
my querry is that if I file a case before appropriate Court for my claim of P.F. then there is possibility of winding up procession of said company in stage of execution of said degree/judgement. it is pertinent to state that a explanation has already seek by the authority from the company in this regard.