sibaprasad mishra
16 January 2010 at 16:29
Dear Sir,
I am working in a Pvt. Bank, as per my appointment letter it has been mentioned that, during resignation I have to give a notice period of 3 months out of which 30 days is mandatory and the rest can be adjusted by giving the salary of the shortfall period.
That I have resigned on 17th Dec’09, with a request to be relived on 10th of February. But at present I want to propone my reliving date to 30th of January by paying the rest days salary.
Kindly advice me that on demanding that, whether I am legally right, or if they deny for that, then what I have to do?
Thanking You
Yours Truly
Sibaprasad Mishra
9439040952
Email: sibaprasad.ouat@gmail.com
Rama mohan Acharya
16 January 2010 at 15:48
Can any body help me by provoding a copy of the judgement in SLP 15345/1987 in the matter of North East railway employees federation, Gorakhpur wherein it was held that if any tenure is fixed in constitution for conducting of Executive committee elections then the old Executive Committee becomes defunct on expiry of that period and is not competant to carryout the work of the union.
Anonymous
16 January 2010 at 00:21
Sir,
I have resigned on 09.12.09 w.e.f. 07.01.10 after serving 6+ years in a company. Therefore I have given almost 1 month notice, as mentioned in my appointment letter. Now, Company has hold my Salary & other reimbursements, stating that all will come along with the Full & Final Settlement. All other employees has got their salaries. My question is :
1. Whether company can hold the notice period salary?? if yes, then how long?? and what about the salary from 01.12.09 to 08.12.09(Salary before notice period)?? isn't it suppose to pay along with all the others salary in the next month?? Please respond giving the reference of the concern Sections of the Law.
2. How long a company can take time to give the full and final settlement even after the notice period is over? Please respond giving the reference of the concern Sections of the Law.
3. If they are not giving the full and final settlement in time, where i will have to proceed further (out of the company) for get the F&F immediately
Please respond giving the reference of the concern Sections of the Law.
Best Regards
BKT
Suresh C Mishra
15 January 2010 at 21:29
The PW authority has forwarded recovery certificate in an ex parte order under this Act, restoration moved and it was allowed and recovery order was taken back , in such facts whether the Recovery authority can recover the recovery charges @ of 10% in UP? if yes what is the law ?
Anonymous
15 January 2010 at 13:11
dear all
i joine a co. 6 month back.after serving three months co. dont want my services.after giving my two months salary co.pay me 2 months salary and asked not to come orally. i want my 1 month salary+ relieving letter.co. denied that on the groun that appointment letter has provision that co. has right to terminate the employee without giving notce and forfiet the salary.i was on provation.guide me what should i do.
SUDARSHAN
15 January 2010 at 12:28
Employee's duty timing is 9.00 am. in morning. One employee usually come around 9.05 - 9.15 am.
Is there any relaxation given to employee by statut on duty timing ? If any yes plz let me know the section and subsection under law.
Plz reply.
Anonymous
15 January 2010 at 10:35
Sir, we are the trusty of one Non Granted english School. We were not deducted the epf amount from the salary of our employee. So EPF Commissioner issued a order to pay these dues & also paid the damages 100%.Let me know that, the damages are compulsory or it can be waived by the commissioner? thanks
Reshma K
14 January 2010 at 23:51
I am confused with the definition of Workman. It seems most of the labour laws deal with Workman. Can you pls help me with a simple yet comphrehensive definiton of WORKMAN. Does the IDA, ESI, WCA, EPF, Factories Act, MWA apply only to WORKMAN. What about bank employees, teachers, government servants, private sector employees (software, consultancy, etc). Does any of this apply to them. Pls provide some comprehensive answer
Reshma K
14 January 2010 at 23:47
I am confused as to which cases come before labour court and which before industrial tribunal. Can you pls explain the difference between labour court and industrial tribunal.
Also in the case of dispute of a software employee regarding dismissal, retrenchment, which court does he approach, since the industrial disputes act deals with Workman and the software employee is not a workman. Can you pls provide some comprehensive details on this.
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Gratuity
A friend of mine took VRS from a Govt Company owing to some differences with the Chairman. Vrs though was granted, however on frivilous account the Chairman instituted an Inquiry - where no financial involvement is there in the charge
sheet. Pending this Inquiry his Gratuity is not being released by the Company. What is the course of action for him to get his Gratuity under the Act. Similarly the leave encashment has also not been released.
Further it is over a year and except preliminary hearings, the Inq is being delayed for the obvious reasons that charges are not proveable by the Company managment. Pl sdvice