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subrata panja   09 August 2016 at 11:38

Central government accommodation

Respected experts
My wife is a Central Govt employee and her pay scale is (Rs.9300-34800)with Grade pay 4200/-. Authority provides her a type-ii accommodation where as she is entitled for type-iii accommodation. I like to know that if authority can not provide the entitled accommodation due to nonavailability of type-iii accommodation then is my wife can apply for type-iv accommodation if available? Is there any government rule for this purpose?

Vithal. Upari   08 August 2016 at 20:56

Recovery of salary

Dear Experts,

What if a person/employee joins in the Pvt ltd., in the month of Jan 25 2016 and during his employment its been noted that Management which initially promises to all employees that Management will issue Offer Letter to everyone, then later forgot its promises, even HR is also not that much serious to issue to all employees, looking to the such conditions and due to no proper cordination in its planning, execution, delay in salary payment, deductions in salary for late payment, etc. Some employees left the organisation. But now the question is still management is not serious about of releasing of salary to those who left. How such employees can recover his salary for the number of days he served in the Company. Any rights to him to get the justice.

Please advise sirs...

Regards
Vithal

Kunal   06 August 2016 at 19:50

Employer not accepting resignation or giving releaving lette

Hello everyone,

I was working in a private bank in gurgaon i was on contractual basis of 11 months. I was in sales Department i was trying to perform but couldn't. So my manager was forcing me to give resignation two days before the end of the contract i give resignation. But my manager is not giving me releaving letter.

Second thing is that my manager used to scold me infront of so many of employees on the daily basis so because of that i left to come office i just came the office mark the attendence and go outside of the bank because of that nobody couldn't see me in the bank including my manager for about 1 month and i got my full salary. So at the time of resignation my manager not accepting my resignation and giving me dhamki the i have to give back the salary or he will take action against me because i mark my attendence and not sit in the office and for not report to him. I didn't sit in the office just because his very very very bad behaviour and mental harassment. And at the time of resignation he is not giving releaving leter and giving me warnings to take action against me. He hararased me very much mentaly i am very much depressed all the days now days.

What should i do? Please help me my carrer is in danger.

Kunal   06 August 2016 at 19:15

Employer not accepting resignation or giving releaving lette

Hello everyone,

I was working in a private bank in gurgaon i was on contractual basis of 11 months. I was in sales Department i was trying to perform but couldn't. So my manager was forcing me to give resignation two days before the end of the contract i give resignation. But my manager is not giving me releaving letter.

Second thing is that my manager used to scold me infront of so many of employees on the daily basis so because of that i left to come office i just came the office mark the attendence and go outside of the bank because of that nobody couldn't see me in the bank including my manager for about 1 month and i got my full salary. So at the time of resignation my manager not accepting my resignation and giving me dhamki the i have to give back the salary or he will take action against me because i mark my attendence and not sit in the office and for not report to him. I didn't sit in the office just because his very very very bad behaviour and mental harassment. And at the time of resignation he is not giving releaving leter and giving me warnings to take action against me. He hararased me very much mentaly i am very much depressed all the days now days.

What should i do? Please help me my carrer is in danger.

Goapl Garg   06 August 2016 at 10:33

Notice pay and release letter

Sir(s),
I was jobless and joined a company in distress at their terms wherein an appointment letter-cum-contract was given and signed copy taken back.It was one sided appointment-contart wherein service guarantee period was three years, employer could sack me with one months notice and I did not have any parting choice within three years.The fixed salary was Rs.25000/-pm
After joing I was paid 15000/- pm on the ground that first three probation months I will be paid 15K pm and thereafter I, if confirmed, shall be paid 3.00 lac divided by 14 months(as they would count year for 14 months, i.e. 12 months + two months bonus etc)The job also did not match to the profile given instead I was engaged in non-commercial work.I continued there for two and half months and found other suitable job and joined it without informing the existing employer as they would have created a lot of rukus which I saw them doing with any one at office.On being contact I simply told them I am seriously ill and shall not be able to join for at least 3-4 months. Now they telephonically ask me to submit papers with treatment records and settle for Notice Pay which will be surely three months salary., which is quite difficult for me.

Please advise me what is my position and what should I do ? I should have resigned properly but the way I found their ways and means, working and nature it was not a place to work with .

Regards in advance.

Deepak Kumar   04 August 2016 at 22:10

PF and esi applicability

Dear sir 9 employee in our company what eso and PF applicable

srinivasan J   04 August 2016 at 21:49

Payment of subsistence allowances

Sir,
I am under suspension and was getting suspension allowances from October 2012 onwards.
I was working in AP , but company took me to MP and filed a criminal suit against me. After coming out on bail, I started remain in MP, where my family staying.
After making payment for 6 months, first 6 months 25% then 50% of wages per months, I was issued an amendment to original suspension order stating that my head quarter will be AP, where I worked. Original suspension order was blind one. My request for change of my head quarter from AP to MP also got rejected by my company, though my reasons were genuine in nature.
In the mean time, after 1 and half years company issued charge sheets to me for departmental inquiry. I attended and sought for certain documents as required to produce my defence. This was as per the rules of company. I was neither denied nor supplied these documents by IO. Even after various reminders. I stopped attending inquiry since non providing of documents to me .
Since I have not stationed at AP, company stopped my allowances also from april 2013. After reducing my allowances rate from 50% to 25% in march 2013.
Writ appeal was filed by me before Jabalpur high court in april 2013, seeking 1. Release of 75% allowances from april 2013 onwards and 2. To provide documents to me to give my defence. Otherwise for stay of inquiry.
Company gave explanation to high court that my allowances got reduced to 25% since I am not cooperating with inquiry. Non payment of allowances from april 2013 is due to non stationing at AP.
I have also given reasons for non stationing and not attending inquiry since it was being done one sidededly. also given before High court, the reasons for not reporting to AP and also the fact that my request for change of head quarter also got rejected by company.
I started reporting AP on the hope of agetting 75% wef april 2013 on 25.03.2014. But company started paying me only at 25% from 25.03.14 and nothing was paid from april 2013 to march 2014 24th.
High court gave judgement , but the directions were not specific on my allowances issue.
I have been directed to complete the inquiry. Company has been directed to give allowances as per rule.
I have completed inquiry and again from September 2015, it is still pending at my company side. No movements.
Company gave 50% from September 2014 and from January 15 75% and again NOTHING WAS PAID TO ME from april 2013 to march 2014.
I am still claiming the same but no response.

My query is : can I approach High Court again for specific direction for payment of wages at 75% wef april 2013 onwards or can I approach supreme court on the basis of earlier court verdict. I am facing a huge financial crisis . please advice. Thanks in advance

srinivasan

raghavendra   04 August 2016 at 19:20

Employement applicaiton

dear sir

please anybody provide me the recruitment advertisement and bio data or application is differant. Bio data or application format will not speak the terms and conditon. the advertisement notification only speaks about the terms, against the terms of notified advetisment employer should not go and should not add any additional terms/clause in applicaiton format.please advise me.

thanking you

Raghav Sarkar   04 August 2016 at 17:43

Wrongful termination

I just completed my engineering in june 16. A coaching institute came for the campus placement in our college and selected me for the post of the faculty of Chemistry. They gave me an offer letter clearly stating my post to be Faculty Chemistry. But when i joined, they forced me to take maths and other subject classes and only on many requests gave me one Chemistry class but still forced me to continue with the maths classes as well. Now when i refused to continue with other subject classes, they terminated my job.

Also our college had rule that if you get selected by a company then you are not liable to sit for any other placement. Now since I was selected by this institute, i was not allowed to sit for other companies. Now this unjust termination has left me unemployed.

Can the institute be booked for wrongful termination and breach of contract? The problem is that they have not given me appointment letter. The only proofs i have are the offer letter and the bank account for receiving salary.

What's the advice of experts on this? Please mention the IPC section under which they can be booked.

RAMESH CHAND GUPTA   04 August 2016 at 10:08

Non-payment of full & final dues on retirement

I got retirement from Desein Private Limited after servicing the Company for more than 33 years, at the age of 70 years, on a senior position as 'Vice President' in June 2015. Company has transferred my services in the past, to sister concern "M/S OPG" probably in 1999 and again back to Desein, probably in 2001, without taking my consent, for Company's benefit, probably on taxation. The original Desein appointment letter served in 1982, does not have clause of any transfer. It has a clause of gratuity on retirement. The Company is not paying me full gratuity, treating transfers at new appointment. I could learn that if a Company transfers the service of an employee to its sister Company, all previously earned benefits in transferor Company, are also transferred to transferee company and there is no break of service. I could know that this has happened at the time of transfer in this case also.
It may also be known that Director - HR is an under-matric and has no knowledge of law at all. He is manipulating rules to his benefit, to probably drawing highest salary in the Company and retail his job. I have sent many letters to the President and Executive Vice President of Desein, but to no effect. They are not even responding to my phone calls. They are avoiding any contact with me to respond to my legitimate claims, submitted in writing, since July 2015.
Please guide me what are options available to me to recover my legitimate dues.