Anonymous
13 November 2009 at 16:50
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
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
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
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
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
skg
12 November 2009 at 00:24
Dear legal experts
Please proide your useful advice on the following queries related to procedures
followed by a labour court:
From start and upto end What are the stages in a labour case before the award is declared
and nowdays what is the maximum time limit given in our law to finalize a labour case?
What procedure a workman is required to adopt when he get a less salary job after 2 years
of fighting his reinstatement case of illegal termination and the case is still in
progress in the labour court?
Should he withdraw his illegal termination case and file it for recovery of his full salary
and other benefits like retenchment compensation as per sec 25F upto the period he remain
unemployed or owing to his getting less salary he can still continuue the case of
reinstatement with full backwages and consequential benefits?
rgds
skg
HARISH GOVIND ADAKE
11 November 2009 at 21:53
MY CLIENT HAD RESIGNED FROM RAILWAYS AFTER 8 YEARS OF SERVICE. THE RAILWAYS HAD REFUSED TO PAY HIM ANY GRATUITY AS PER THE RAILWAY SERVICES PENSION RULES, 1993. HE HAD RESIGNED AS PER HIS WISH AND NOT WITH AN INTENTION TO JOIN OR START ANY NEW BUSINESS OR SERVICE OR PROFESSION.
I THINK THAT HE IS ENTITLED TO GET PROPORTIONATE SERVICE GRATUITY.
Anonymous
11 November 2009 at 17:14
DearSir
May i know wheather during pendency of approval application eployee& employer exsist ? Pl give judgment
Raghavan R
11 November 2009 at 14:46
Can any one share the national festival holidays detail for 2010
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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?