Harshita
28 March 2017 at 18:40
Hello Experts
I have problem.
One employe who working in IT dept was using pirated software. When the campany found it told HR (me) to send him show cause notice.
I sent show cause notice asking why he used pirated softwar.
He gave no reply for 3 weeks and not caming to work.
Now he sending letter from lawyer and the lawver says that they will reply for him.
I dant understand that this person is still employee in company and all we asked is reply to show cause notice then why is he not replying getting in a lawyer to reply.
He has not resigned we have not terminated him.
What should i do.
Should reply lawyer or send reminder to employee for nat replyaing to shw cause notice.
Thanks
Harshita
shashikant verma
28 March 2017 at 17:23
I worked for a company for around 9 months, and from which I resigned in March-16 from the post of GM-Project. They have sent my F&F statement after resignation but have not paid my 4 months salary/dues despite continuous reminders. They even defaulted on TDS and PF, which were deducted but not deposited. I managed to get them to deposit complete TDS (including for the salary due to me and not paid by them) and partial PF after complaining on Public Grievances portals of Ministry of Revenue and Labour.. However, for the balance salary and pending PF (employers contribution), kindly advise if I should file Summary suit or Winding up notice against the company.
Jatin Shaw
25 March 2017 at 19:01
Respected Experts, I had joined this organisation which is based in New Delhi at their branch in Kolkata in May 2016. They had only given me the offer letter which I duly accepted and had joined but never was provided with an appointment letter and even after requesting many times they did not send the same. The branch was just a godown and all the previous staff had quit but then even I continued and started working. My reporting boss was the CEO of the company based in Delhi. The problem was that the salary credited to us by 20-25 of next month. Which continuously was delayed even after requesting them to pay the salary on time. Later on I got to know this was in practice in the company and even my boss would not listen to me over email, phone or on personal visit and would always reply I will see. Thus not been able to continue with the possibility of delayed salaries I quit in January 2017 on 6 th January. After that I have been requesting them to clear my December month Salary and my travelling and conveyances expenses. But they are avoiding as usual my emails and calls. Please tell me how to recover my dues from them ?
Akhilesh Mankodi
25 March 2017 at 16:23
Sir,
Can the employees working in a company located in SEZ (Gujarat) start trade union, and trade union are allowed enter in the SEZs establishments.
Akhilesh Mankodi from Bharuch Gujarat
Akhilesh Mankodi
25 March 2017 at 16:17
Sir,
Can the employees working in a company located in SEZ (Gujarat) start trade union, and trade union are allowed enter in the SEZs establishments
Akhilesh Mankodi
Sr. Manager - HR
Meghmani Organics Ltd.
Plot No. Z-31 & Z-32,
SEZ-1, Dahej
Taluka - Vagra,
Dist. Bharuch - 392 130.
PREM SINGH MEENA
24 March 2017 at 17:27
Respected members,
I am in need of your guidance in the following matter :
I was working in a Central Govt. in Level-7 and drawing basic pay 50,500/-. I have been selected through Direct Recruitment in Level-5 in another central govt department. I have been relieved on 31.08.2016(AN) by my parent department with permission to lien as per govt. rules and now I joined new deptt. on 01.09.2016(FN).
Kindly guide me what will be my protected basic pay and DNI in new department.
Thanks in advance....
Regards,
(PREM SINGH MEENA)
Vijaya Bhaskar
24 March 2017 at 14:07
Dear Experts,
A Staff, who was responsible in handling cash was found in misappropriation of funds. The same was brought to the notice of the management. On the same day the management had discussions with the staff and during the discussion the staff pleaded to avoid legal proceeding against him and as it affects his future however, admitted to repay the funds misappropriated. Keeping this in view, and his future career, the management declined to proceed legally and now seek your kind suggestions in this matter how to go about.
What kind of agreement could be executed between the organization and him for the amount.
1. Can we have a promissory note from him with the following matter?
2. Can we have blank cheques from him as a security for the payments.
3. Or any other alternative remedy to receive the funds.
Promissory Note
I, Sri. _____________________ S/o. _________________________
promise to pay ____________________________ or order, the sum of Rs.________ (Rupees ______only) towards the financial irregularities occurred during my tenure as accountant.
Please suggest.
Azim A. Charania
23 March 2017 at 11:59
Respected Forum Members
With due respect to you and to your Chair, Need your valuable Views on the above captioned subject matter on my queries listed after brief history of our Factory / Establishment.
We are Private Limited Company having Registered Office at Mumbai Maharashtra, having Pan presence Plant ( Factory) & Office dealing in the business of Oil Blending and refiling of Lubricant Oil and Gas ( LPG ).
In term of Section 2 A of the Industrial Disputes Act , 1947. from our perspective Appropriate Government in our case is Central Government. As we dealing in business which is related to Oil Industries
We have entered in to the Service Agreement with Private Security Agencies for providing security services for our Pan Presence of Factory and Offices which is coming to end by 31st March 2017.
Due to increased in Special Allowance / VDA Notified by State Government / Central Government every Six Month, Private Security Agencies are raising bill demanding difference in DA / Special Allowance.
As per Central Government Notification 2233 Dated 18th September 2008, as per Explanation for the purpose of Notification at Serial number 2 & 4 which read as follow
(2) Where the Existing rates of Wages of any employee based on contract or agreement or otherwise are higher than the rates notified herein, the higher rates shall be protected and treated as minimum wages, applicable for the purpose of this notification to such employee.
(4) The Minimum rates of Wages are applicable to employees employed by Contractors also.
Now the September 2008 Central Notification is superseded by Central Government Notification Dated 19 Jan 2017. number SO 191 E.
As per Explanation for the purpose of Central Notification dated 19 Jan 2017 at (c) & (f) are same as of Serial number 2 & 4 of Central Notification 18th Sep 2008
Further Explanation (j) Central Notification dated 19.01.2017 which read as follow.
Wherein in any area the minimum rates of wages fixed by this notification are lower than the minimum rates of wages fixed by State Government for employees of the aforesaid employment in relation to which the State Government is the Appropriate Government, the rates of wages fixed by the State Government shall in respect of these areas, be deemed to be the minimum wages payable under this notification.
Q Who will be Appropriate Government State Government OR Central Government in our case?
Q Does above Two Notifications are applicable to us as we are Principal Employer & Not the Contractor ?
Q Which Notification we have to follow State Government Notification OR Central Government Notification with regard to Explanation (2) of 2008 notification &(j) of Notification 19.01.2017 attached as above of Central Notification for paying Minimum rates of Wages?
A line in reply is appreciated for such act of kindness I remain indebted to you.
Thanks and regards,
Anonymous
23 March 2017 at 10:24
Respected Experts, I had joined this organisation which is based in New Delhi at their branch in Kolkata in May 2016. They had only given me the offer letter which I duly accepted and had joined but never was provided with an appointment letter and even after requesting many times they did not send the same. The branch was just a godown and all the previous staff had quit but then even I continued and started working. My reporting boss was the CEO of the company based in Delhi. The problem was that the salary credited to us by 20-25 of next month. Which continuously was delayed even after requesting them to pay the salary on time. Later on I got to know this was in practice in the company and even my boss would not listen to me over email, phone or on personal visit and would always reply I will see. Thus not been able to continue with the possibility of delayed salaries I quit in January 2017 on 6 th January. After that I have been requesting them to clear my December month Salary and my travelling and conveyances expenses. But they are avoiding as usual my emails and calls. Please tell me how to recover my dues from them ?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Provident fund and gratuity
Hello respected Sir.
I have some queries regarding Provident fund and gratuity claim. Kindly help.
1. I was an employee in a private company worked for 15 years since 1997 to 2015.
2. In the year 2000, the company told me to resign from the said group and joined another branch of said group.
3. I accordingly resigned the company and 3 years P.F and gratuity was given to me and on the next day of resignation appointed me in another branch of said company.
4. They did not opened my P. F account.
5. As i am doing my work properly i was appreciated and in the year 2011 transfered to foreign country.
5.On 2015 they illegally terminated me (foreing country).
6.I fought for PF and gratuity at that court for the year 2011 -2015 and got the amount in lesser amount. Unable to prefer appeal due to financial condition.
Now i want to claim my gratuity and PF amount while i was in India working period.
But the question arose here:-
1. As 2000 to 2011 they have not opened PF account whether i am able to claim PF? If yes, where?
2.Whether Consumer court is also a right forum to claim PF and gratuity?