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sinuvasu   16 November 2009 at 01:54

Regarding final settlement after termination of employment

Dear sir,
If a sales employee,who is working for 3 yrs and inducted permanently after successful completion of 6 month probation period in pharma/chemical company and was terminated without any show cause and piror notice or retrench benifits.and company was not willing to settle the final account including last 2 months salary and expenses and also the company was not providing the PF.no. of an employee.Under this circumstance can this employee approach the labour court for getting relief?

prasad   15 November 2009 at 13:27

info

how to file writ and how much cost it takes and whom should i contact to do this and does any one is there to do in andhra pradesh

Gaurav Agarwal   15 November 2009 at 12:34

Asking pregnancy Status in application form

We are planning to open a school, primary, most of the teachers in primary school are female. Attrition is one of the problems faced by the management in such schools, one of the reasons for same is pregnancy status of applicant. Can we ask pregnancy status of applicant in application form, can such question be asked during interview?

Anonymous   15 November 2009 at 10:25

componsate appointment

sir i have applied for componsate appointment due to my fathers death and it has been over nine years i did not get any responce from the higher authority and two years back they have given me some papers saying that these are essential to accuquire the job pls help me in this regard

Anonymous   14 November 2009 at 00:19

Affidavite - At time of leaving Job

An employee while leaving a job signs a affidavit in front of Notary in which employers inserts a clause that employee will not take up a job with a competitor who is involved in similar business for next three years.
Any such condition was not mentioned in letter of employment.
Can an employer put any such condition on employee?
Can employer sue employee in case he takes up a job with competitor or starts his own business in similar area ? What could be the possible implication of such a case?
Does such affidavit violates fundamental rights of a citizen under constitution of Republic of India?
Can affidavit be null and void since employee didn't agree to any such term at the time of taking up job but at the time of exit he was pressed to sign such document? Any case law by SC?

Anonymous   13 November 2009 at 16:50

Performance linked Reward after resigning

Dear Sir,

I have resigned from a company on 09th Aug 2008. Beforehand company has declared some increments in various components of payroll. Along with this the company has declared Performance linked reward for Financial Year 2007-08.

Since I have resigned, the management has refused to pay the Performance Linked Reward for FY 2007-08.

Since I was very much there as an regular employee during the period Apr'07 - Mar'08, do I have right to claim my Performance linked reward from the company.

If the management refuse to pay me PLR, what options do I have to claim the same? Can I sue a legal notice against the company for this?

Thanks & Regards,

Paresh Budhia

Anonymous   13 November 2009 at 16:48

Performance linked Reward after resigning

Dear Sir,

I have resigned from a company on 09th Aug 2008. Beforehand company has declared some increments in various components of payroll. Along with this the company has declared Performance linked reward for Financial Year 2007-08.

Since I have resigned, the management has refused to pay the Performance Linked Reward for FY 2007-08.

Since I was very much there as an regular employee during the period Apr'07 - Mar'08, do I have right to claim my Performance linked reward from the company.

If the management refuse to pay me PLR, what options do I have to claim the same? Can I sue a legal notice against the company for this?

Thanks & Regards,

Paresh Budhia

B V RAO   12 November 2009 at 14:04

MINIMUM WAGES

what is the definition of the minimum wages as per Karnataka Act? Does it include HRA & other allowances in addition to basic & DA?

Ashvin Khambhata   12 November 2009 at 10:02

relationship of employee&employer

I have terminated one employee during pendency of charter of demand after completing inquiry &at the same time I have filled apprroval application in labour court .May i know wheather relation exit as aemplpyee & employer during pendency of approval application?
ASHVIN KHAMBHATA

Anonymous   12 November 2009 at 09:30

Not settlement of dues after resignation

As per terms of appointment letter

"If at any future date after confirmation, on assessment of your performance, it is found that your continuance in employment is not beneficial to the company or you are found unfit or unsuitable for service in the company, your service can be terminated by giving you three months notice or payment of three months’ salary in lieu thereof. Similarly, you may also have the option of leaving the services of the company after confirmation by giving three months’ notice in writing to the company Or payment of three’s month salary in lieu thereof.”

In case resignation is accepted.And the individual serve till that time served mentioned in resignation letter but Co. is posing more time to releave. If the employee leave the company before getting releaving letter.As it may be intention of the HR to Harras the employee.

Questions

- Is any legal notice issued by any advocate on behalf of the company to the employee is having any legal santity.

-Can the company avoid/delay setllement of due of employee. Which includes-Extra TDS deducted but not paid to Deptt, Incentive,PF, Supper-annuation Balance etc.

-Is there any relief is available to employee.Even though he has tried his level best to resolve the issue amicable way.
Is there any Case laws suporting the stand taken by the employee.As appointment letter is clear there is neither the pre-condition nor any obligation cast by appointment letter to get releaving befor leaving the company other than to pay 3 month salry in lieu of notice. Person is heading responsible position in organisation and he has served one month after giving resignation which is more thn the period mentioned in resignation letter.
Please advise