Nidhi Singh
06 November 2017 at 16:17
Dear sir, I am serving my notice period in my current organization. My last working day is 10 th Nov. I work for a recruiting firm in Gurgaon. Now since I have a 4years old daughter who had been hospitalized from last 3days due to severe illness, I requested my employers to release me 4 - 5 days earlier as I have been strictly advised by doctors to keep her on complete bed rest. In my mail I have also attached all medical reports and doctors recommendation. Even then they are forcing me to complete the remaining days or else they would not release me and do the F for. Please suggest a law if I can take some legal action against them
NS
05 November 2017 at 23:01
Hi,
I was employed with a private IT firm. They haven't paid the salary for the month of September, 2017. They gave us a notice on 9th October, 2017 that 31st October, 2017 will be the last working day (Offer letter says 30 days notice). When we asked regarding the payment for the month of September, 2017 and a written assurance that the October salary will be given to us and our relieving letters will be issued to us, they did not oblige. Due to this, we did not work from 10th October, 2017 (we had informed them via email on 9th October that we won't work until we received the September salary) and were terminated on 12th Oct after one notice (on 9th October). We had to keep the office laptops as collateral (as I had heard that they had fired previously also and didn't pay the dues).
Employment agreement states the following:
"Your services are liable to be terminated without any notice or salary in lieu thereof for misconduct,
without been exhaustive and without prejudice to the general meaning of the term “misconduct” in
the case of reasonable suspicion of misconduct, disloyalty, commission of an act involving moral
turpitude, any act of indiscipline or inefficiency, or your failure or refusal to perform your
obligations, duties and responsibilities set forth herein, conviction for any serious crime or felony or
any other crime involving moral turpitude, fraud or wilful misrepresentation; and any wilful or
intentional act having the effect or likely to have the effect of injuring the reputation, business or
business relationships of the Company."
Even after multiple reminders, they haven't paid our salary for the previous month and the days which we had worked on in October and have given reasons that salary is in the bank (the transaction was reverted as it was an illegal transaction, the money did not reach our account) / salary will be transferred via Western Union but we haven't received it yet.
They also haven't issued our Experience certificate and Relieving letter (How do I get these documents).
The managers are not even responding to the emails sent to them.
Please suggest what should be done in this case. Am I eligible for September salary and the salary for 9 days for the month of October.
Any help will be very much appreciated.
Thanks.
Anonymous
04 November 2017 at 17:15
I m resign the job in 20 September 2017.till date not give experience letter. The hr told to me after 3 month to provide the experience letter me how can take action to company
Anonymous
04 November 2017 at 16:04
Dear All,
Myself S Naga Raju working as a HSE Professional in Galileo Ship Management and travels pvt ltd, at Arakkonam near Chennai. My company registered under the Companies act, 2013 and Company rules 2014 – attached page 1.
Self-taken leave from 3rd Oct to 6th Oct with approval of the manager. HR department availed 6 leaves instead of 4 leaves including Saturday and Sunday deducted too.
HR Department statement.
Weekly off (paid holiday) is entitled and followed as per the shop and establishment act. Therefore weekly off is entitled to the staff who worked min 48 hrs in a week. Even I have mentioned these 3 to 4 days is on courtesy basis not in act. will not entitled for weekly off. – attached page 2.
Please advice and help me how to handle the situation
Best Regards
Naga Raju
+91 8008888717
Md Irfan Raza
03 November 2017 at 16:15
In Aug 2014 SAIL CD Management had provided me adhoc employment with few others against land by issuing letters & promised to regularize the same once the adhoc period is passed.but after passing more than 03 years of long tenure.the condition of mine is still remains constant in respect of regularization. In addition to this this is also aware you they did not paid a single month salary from the beginning of this employment to till date.Pl.help me out.
jyotsna
03 November 2017 at 13:22
If a person is working in an organisation u/s. 25 of the Company's Act for say 24years in permanent position and after 24years a company indirectly forced to leave the job saying the don have funds how much the Labour law can help the employee. Please suggest at your earliest.
Thanks,
Harish
03 November 2017 at 08:37
Hi All,
I have been working with software company for past 3 years ,currently i have resigned and serving notice period which will end in few weeks.
I have come to known that company have 6 months policy to clear the fnf post last working day which is huge time period compared to other company's .
Also the company have history of not paying the fnf towards ex employees within the deadline even though they have taken regular follow up.
So my question to experts is : Can i demand for fnf settlement written letter from employer stating the pending due that company owns me ?
If company refuse to give such letter then what are my options?
Nandini R. Bhatkar
02 November 2017 at 17:35
Sir i have filed an application to frame preliminary issue that whether the applicant is labour or not. Said aaplication is allowed by the court and now the matter is fixed for hearing on preliminary issue and i have file an affidavit i.e. examination in chief. Please guide what would be the contents of said affidavit. I have already filed my written statement. Please guide.
seshadri vikrala
02 November 2017 at 11:46
HONOURABLE SIR SENDING THIS MATTER WITH A GREAT EXPECTATIONS THAT YOU HAVE TIME TO READ IN SEQUENCE BUT NOT TO DISCARD PLEASE.
IN RAILWAY BOARD RPF THERE ARE TWO TYPES OF ENTRY INTO GROUP A CADRE SERVICE SELECTION PROCESS...
DIRECT UPSC SELECTION PROCESS AS ASSISTANT SECURITY COMMISSIONER,RPF, THEY GET THEIR NEXT HIGHER RANK PROMOTION ON COMPLETION OF THREE YEARS CONTINUOUS SERVICE AS ASC. REMAINING,EAR MARKED QUOTA, FIRST PHASE, THEY SELECT INSPECTORS TO ASC POST, KEEP QUITE ON DPCs, MAKE THEM AS AD HOC ASCs to work for several years. ACTUALLY
40/50% SELECTION PROCESS IS TO BE DONE THROUGH DPC/UPSC, WHICH IS DONE NOT BEING CARRIED OUT BY RAILWAY BOARD RPF AS PER PROVISIONS OF THE LAW,THE RULES, JUDICIAL PRECEDENTS, BUT THEY CONDUCT DPCs AT EASE AS PER THEIR CHOICE. IN RPF DIRECTORATE,DG,RPF IS FROM IPS CADRE SERVICE RANK OFFICERS ON DEPUTATION AND COULD NOT SUCCEEDED IN SET RIGHTING THE INSIDE VICIOUS CYCLE IN CONDUCTING DPCs IN TIME SCHEDULE BY TRYING TO GET FACTUAL INFORMATION ON RECORD... NOT A SOLUTION WAS SOLVED SO FAR AT HIS OPENNESS DIRECTIONS AND ORDERS SO FAR.. ALL CASES DECIDED BY COURT ORDERS ALSO NOT HONOURED EXCEPT ONE CASE WHEREIN, THEY IMPLEMENTED HIGH COURT OF CALCUTTA IN THE WP FILED BY ONE BHUPATHI ALIAS B. MOHAN, THE SLP FILED BY THEM DISMISSED.. HEREIN THE CRUX OF THE LAW RULES AND SPECIFIC JUDICIAL PRECEDENTS COMES THROUGH.. THEY GAVE DEEMED PROFORMA, PRESUMPTIVE PROMOTION TO ALL RETIRED SA GRADE DSCs to DIG SCALE OFFICERS, EVEN THOUGH THEY ARE NOT PETITIONER S IN THE WP, LEAST ,THEY DID NOT EVEN APPLIED FOR DEEMED PROMOTION ORDERS AT PAR WITH JUNIORS BEFORE SUPERANNUATION, THEREBY, ALL THE RETIRED SA GRADE OFFICERS IN RPF WERE GIVEN PENSION FIXATION BENEFITS AT PAR WITH JUNIORS...HERE , THE SAME IS OUTRIGHTLY REJECTED BY RAILWAY BOARD RPF...
DEPARTMENT PROMULGATED RULES BUT ALMOST KEPT ASIDE IN THIS MATTER.
THEY GIVE PROMOTION TO INSPECTORS/GROUP A CADRE SERVICE RANK AS ASCs/GROUP A CADRE POST...JUNIOR ADMIN SCALE...NO GROUP B CADRE POST S IN RPF SINCE 1983...
THE ATTACHMENT OF LITIGATION IS THAT THE ADHOC SYSTEM CONTINUANCE GOES ON AND DEPARTMENTAL ASCs WITHOUT REGULARISATION RETIRE,THEN COMFORT MIND DEVELOPMENT IS THE CRUX OF THE DAY,YEAR, RPF CONDUCT DPC ,ALL PREVIOUS YEARS VACANCIES ARE FILLED WITH JUNIORS IN THE PLACE OF SENIOR S..
BY THE TIME... THIS STOP GAP FILLING UP OF PROMOTEES AS ADHOC ASCs CONTINUES BY RAILWAY BOARD RPF WITHOUT HOLDING TIME SCHEDULE DPCs, SAY 2-5YEARS , DIRECT ASCs SHALL GET THEIR NEXT HIGHER RANK PROMOTION SA GRADE, AS DSC, BY VIRTUE OF VACANCY,SAME DECLINED TO DEPARTMENT ASCs ONLY ON PLEA THAT THEY ARE ON ADHOC HENCE NOT ELIGIBLE FOR ACTUAL PROMOTION...
THIS CAPTIONED POSITION IN RAILWAY BOARD RPF IS GOING ON SINCE DECADES,
ALL EFFORTS MADE LOST IN THE WIND AND UNDER THE BUREAUCRACY'NAME SYSTEMATIC HANDLING IN RAILWAY BOARD
... COURT ORDERS PRONOUNCED AGAIN AND AGAIN ARE HAVING NO EFFECT ON RAILWAY BOARD,RPF DIRECTORATE.
ALL GONE WITH THE WIND...LAWS, RULES , JUDICIAL PRECEDENTS ARE FOR NAME SAKE...TO THEM.
WILL THIS PATHETIC CONDITIONS OF THE SERVING ADHOC ASCS AND RETIRED ASCS BE SOLVED OR NOT... WHETHER THE RAILWAY BOARD RPF IS ADOPTING IT'S OWN COURSE OF DUAL SETS OF RULES AND DETHROWING THE JUDICIARY ORDERS AND ALSO THE LAW RULES, CAN'T THIS BE TAKEN AS CONTEMPTUOUS ACT OF THE RAILWAY BOARD RPF, EXAMPLE, IN RECENT SONY VERGHESE CASE ..SLP 1663 OF 2013FILED BY UOI& RAILWAYS DISMISSED BY HONOURABLE SUPREME COURT IN APRIL 2017 WITH SPECIAL DIRECTIONS BY UPHOLDING THE HIGH COURT OF MADRAS ORDERS, BUT SO FAR NO ACTION SEEMS TO HAVE BEEN POURED ON RECORD...
2) MY PROPOSAL SENT TO ALL...
I PRAY TO CONSIDER TO REVIEW THE ORDERS IN FAVOUR OF ADHOC SYSTEM CONTINUANCE FOR SEVERAL YEARS WITHOUT CONDUCTING DPCS, DUE TO WANTON DELAYED TACTICAL DEALINGS OF RAILWAY BOARD RPF...NOT ON EMPLOYEES FAULT...WHY THE EMPLOYEES PENSIONERS ARE MADE TO SUFFER...HOW TO END THIS TYPE OF FLYOVER JUMPING RULES ADOPTED BY RAILWAY BOARD RPF...
MY CONSIDERED SUGGESTIONS MADE...TO RESERVE ... QUOTA OF%IN NEXT HIGHER RANK PROMOTION FROM ASC RPF TO THAT OF DSC,RPF...
THIS ACTION OF SHALL SETRAIGHT AWAY SETUP AND STOP THEIR UNDERGROUND FAVOURITISM, THUS, EVERYTHING IN RPF ON THE ISSUE SHALL STAND SETTLED..
IF THE DPCs are held in later years and if the EMPLOYEE S PENSIONERS are forced to retire without any further promotions, but for the mistake of the ADMINISTRATION'S FAULT, errors,etc... their names should be considered for placement in the DPCs PANELS ACCORDING TO INTAKE QUOTA OF VACANCY OF PREVIOUS YEARS AND they must be given DEEMED PROMOTION at par with the JUNIOR before superannuation as per SENIORITY and pension benefits be given...
Only thing that you are all requested to kindly consider TO READ and publish in your esteemed papers and MAGAZINE s...
NB..I HAVE GIVEN LOTS OF CASES AS PER RECORD WHEREIN THE RAILWAY BOARD RPF PONDERED THEIR FAVOURITISM, EVEN THROUGH DIFFERENTIAL TREATMENT AND APPLICATION OF RULES JUDICIAL PRECEDENTS, ORDERS AS PER THEIR CHOICE SELECTION PROCESS....
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Doubts regarding surrendering certificates to employer
Dear sir
I am a engineering graduate.i am a working professional working for a private firm,since in order to have a change in my job I attended a interview and got selected for appointment,but the my new employer is asking me to surrender any of my original certificates for a period of time without any acknowledgement.i told them that I will consult it with parents and will come back in 2 days.
My question is shall I surrender them my certificate to them?
If surrendered what are all things should I do to be safe from my side.?
Can I get a acknowledgement in the company letter head stating the certificates retained by the company and the terms of employment? if yes will it be valid in any future emergency cases?