Anonymous
12 February 2017 at 18:03
I accepted a job in may 2016 and filled consent form in same month. I joined that organisation in june 2016 after giving 30 days notice to my previous employer. Not sure when my co. started by BGV and after 6 month in dec. 16 they told me to resign as they were not able to verify 1 of my previous employment and I do not have proof of employment with me.
1) Just want to know for how many days consent form is valid (In US it is valid for 30 days only not sure about India).
2) Is it important to sign manually on consent form or e-signature is also valid.
3) Is there any law in India that BGV needs to be completed before employment start date or it can be done anytime.
Kapil
12 February 2017 at 17:40
I worked with a co. for 6 months and got 5 salaries and fnf amount from them. In offer letter n appointment letter they mentioned that PF employer's contribution is 1800 however, when I checked online their contribution was showing 550 and mine was 1800 each month. Also, they have deposited only PF of 4 months and mine deduction is of 5 month and not sure about FNF Settlement weather it needs to be deposited. What should I do now?
Venky
11 February 2017 at 22:45
Dear Sir/ Madam,
I already resigned my and in notice period. I have worked on govt holiday and took my comp off next week. But my manager gave me a notice saying I will extend my notice period. If my notice period is extended then I have loose my other company job and current job also.
Request you suggest me in this case.
sachin agarwal
11 February 2017 at 22:36
An order passed by authority without extending any notice or opportunity to the party concerned, is liable to be quashed being violative of principles of natural Justice.
As far as the service of notice is concern, it can be said that without following the rule of natural Justice during the enquiry under section 7A, 14 B, the such inquiry cannot be sustained in the eyes of law. There are a little bit of chance to hold the enquiry justified if in their case there is any notice issued by the authority to the aggrieved person and aggrieved person could not attend the hearing intentionally therefore there is no violation of rule of natural Justice. But if there is any factual as well as legal mistake, error on the part of the enquiry officer regarding the service of notice is clear-cut violation of rule of natural Justice. Hence the total enquiry is unjustified. If there is any provision under the act or law regarding the intimation of inquiry should be given to the person who is eligible to join the enquiry should be given in accordance with the provisions thereunder and without following the provisions the enquiry must be no force of law and same is liable to be set aside.
There are certain obligations not only upon the part of the enquiry officer but also to the aggrieved person to perform their part in accordance with the provision of law and without performing their duties in terms of the law, then the enquiry is not sustainable in the eyes of law.
sachin agarwal
11 February 2017 at 22:26
There are certain guidelines for holding enquiry under section 7A of the EPF act, 1952 while deciding as to whether the pygmy agents working for the bank are employees of the bank and same are liable to be covered under the act, 1952 or not
in this regard. It is pertinent to submitted that while holding an inquiry under section 7A of the act, 1952 by the enquiry officer. There are certain guidelines issued by the Bombay High Court, such as the EPF authorities should collect necessary documents by inspection of records of the establishment/industry, it direction to the management to produce the document as may be found necessary, should be issued whenever the EPF authorities realise that the management is holding back certain documents.
The appointment orders/contract letters or agreement in between the bank and the pygmy agents/deposit collectors should be made available for scrutiny and should be taken into consideration.
Based on the above documents, the EPF authorities must adjudicate on the following are acts like 1. Whether the contacts/appointment orders have a semblance of employer- employee relationship, 2. Whether there is any supervision, control and direction of the bank over such agents, 3. Whether these agents are under an obligation to work only for a particular bank or its branches, 4. Whether these agents are permitted to work elsewhere or undertake any other business, job, profession or calling, 5. Whether such agents are primarily depend upon the work of collecting deposit for a particular establishment.
Interrogate the pygmy depositors to elucidate information about their exact nature of duties.
Based on the documents and an analyses upon considering the above mentioned factors, the APFC will have to arrive at a conclusion supported by regions. That such pygmy agents can be termed as "workmen"and share employer- employee relationship with the bank and are being paid wages disguised as commission. The said commission amount would then be termed as basic wages under section 2B of the act, 1952
sachin agarwal
11 February 2017 at 22:05
Applicability of the provident fund upon an establishment under the provisions of the EPF act, 1952 on the sole basis of report filed by the enforcement officer is not proper because there was no proper enquiry under section 7A of the act, 1952 was conducted by the enquiry officer in accordance with the provisions of the act is applicable upon the establishment and without given the opportunity to the employer to examine such employees and also to examine the report filed by the enforcement officer including with to examine the enforcement officer who prepared such report because without following the rule of natural Justice. The enquiry as well as the report cannot be say in accordance with the provisions of law therefore it is necessary on the part of the enquiry officer to conduct the enquiry under the guidelines issued by the various superior authorities and under the provisions of 7A of the act, 1952. In case there is no justified regions given under the enquiry by the enquiry officer, then the such inquiry cannot be said a proper inquiry and same is liable to be quashed.
shubham
11 February 2017 at 20:46
Dear sir
Myself Shubham Agarwal, Assistant Executive Engineer in Border Roads Organization. I was appointed on 12 Jan 2016 through UPSC Engineering Services Examination 2014. Since then i am discharging my duties upto good level.
I am working in remote area where temperature is subzero and other working condition are not good. I have develop some problems in my spine. Because of some problems with my Officer Commanding ( Army Major) I decided to go on Medical leave as prescribed by Orthopedics Surgeon at gangtok.
Sir i worked for one full year and the taken 3 month leave ( 48 EL+ 28 HPL+ 14 EOL). Sir due to bad working conditions i want to remain in medical leave for another one and half year and want to prepare for another attempt to ESE 2018. Sir due to my family conditions i can't afford loosing this job and want to study again.
Sir i want Your advice on some major points-
1.The appointing authority terminate the service on medical grounds( Medical certificate from civil surgeon need to be furnished).
2.Would department initiate any inquiry? If department thinking about termination would they provide me sufficient chance to rejoin me again in service.
3. How much Maximum time i can avail on EOL. Also best suited method for availing Maximum EOL.
4. If department wants another medical opinion for approving leave then what i need to do?
5. Once appear in another exam and got selected then if i apply for resignation from service would department object or reject the application or would not provide NOC.
6. What are the points i need to take care before joining another service if i got terminated or remain in this service with EOL.
I am subjected to some army acts and rule which are only for disciplinary purpose and subjected to only minor punishments. CCS rules are applicable for all purposes.
Sir please provide your rightful insight to me and help with your advice and suggestions.
Thanks for your time and considerations in advance
Yours Sincerely
Shubham Agarwal
Member (Account Deleted)
11 February 2017 at 00:02
can a child less than 14 years of age can work as a volunteer in NGO?
Anonymous
10 February 2017 at 18:50
Hello, I worked with reknowed BPO for 6 months. In appointment letter they mentioned that PF employer's contribution will be 1800 however, when I am checking my UAN passbook it is showing they credited 550 each month only. Also, I received 5 month salary n 1 FNF Settlement amont but they have credited just 4 month of PF. So, 1 month complete PF amount and FNF Settlement PF amount not credited. What will I do now.
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So called wrong Air ticket issued
Dear Sir / Madam,
I was working with a reputed Travel organisation for last 11 years. I have resigned from that organisation on 13th Nov 2016. I was working in the Night Division at a sretch for almost 4 years till my last working day.
On 4th Oct night shift i received an reminder email from one of our bonafied Client from the USA,requesting for a specific travel itinerary involving a specific called Monterry in the country Mexico, and agreed he has mentioned the applicable three letter city code, MTY , in his query.
Owing to work pressure and as the query was apparently lying unattended from around 2:30 in the afternoon in hurry i reverted back with an option involving a different city Monterry in California, USA (MRY). At the same time i had requested him to check the flight details and approve for ticket issuance if okay. Now to mention that these 2 cities pronunciation sounds exactly same.
He reverted back with his approval for ticket issuance, and i issued the ticket around 12:10 in the night. The travel was on 8th Oct.
The air ticket was emailed to him immediately by me.
He didn't check the air ticket once during the next 72 hours, went to the Airport to find that it was a wrong Air ticket. He got it reissued at the Airport by the Airlines against a� additional charge of USD 3400 approx.
Now, during my Full & Final settlement, my previous employer is asking me to pay this amount.
My query is am i at fault, solely /partially /not at all?
Kindly consider the gravity of the situation and advice . My email address, tutun332003@yahoo.co.in
Regards,
SC