Abhishek Deshmukh
14 May 2016 at 22:00
I was working in an Engineering college as Assistant Professor, due to irregular and delayed salary I left the job without notice period. My 3 months salary is still pending. They also deducted Rs. 20000/- from my first 4 months salary, Rs. 5000/- for each month as a Security Deposit.
Now, the college Principal says that 3 months salary will be deducted from total amount they have to pay to me. They say that a notice in that subject is issued, but such notice is not known by any of my colleagues still working there.
My joining letter has 1 month of notice period clause and no clause for deduction of 3 months salary is mentioned.
I want to know whether the security deduction from my salary is justified. What should I do to get my salary.
B kumar.....
14 May 2016 at 14:09
Dear Sir/Madam,
As I am a qualified accounting professional (ICWA) and was working in a good industry as an Asstt manager-A&F,I have been interested for a job location nearby my home town, so I joined on 26.10.15 a small organization nearby home town without giving weight age to money at very lesser salary for 6 hours working a day ,at least for meeting my living expenses.
This organization appointed me as manager-Accounts and promised to pay 20,000/-PM and after 3 to 6 months an increment was committed.
After my resign from previous employer, I joined but I was very ill treated and totally abused my professional degree, as I had shifted with my family from Delhi to a city of Rajasthan, I had to compromise because of no jobs prospective/ alternative in this city/again shifting in Delhi/NCR in so short period.
This organization did not give any appointment letter and is running some business without legal formalities.. This company had also cheated many jobs looking candidates by way of calling them two to three times but actually not offering jobs even deserving candidates.
I am going to resign from this organization due to mental tension/abuse, without receiving a new job/service.
Can one expect a legal remedy /tools against such an organization to compensate one’s loss, as company cheated me in terms of very ill/puzzling working/sitting that one can expect for manager-Accounts, I have only a simple mail for joining and simple letter of working in the organization (taken after 4 months for LPG connection) and salary in bank account.
Thanks
Regards
B.k.Agrawal
Leo Saldanha
14 May 2016 at 12:59
Resigned from service in Feb"2016 & almost a years salary & bonuses due to me are not being paid by employer even after regular followup. Need advice for next course of action.
Syed Sadiq Hussain
14 May 2016 at 07:14
Dear experts;
GOOD MORNING.
The Rules governing the field of refund of the amounts accumulated in the Savings Fund of State's Group Insurance Scheme provide that; the interest on the accumulation towards Savings fund shall be allowed till the date of ceasing a Government servant to the member of the scheme.
Thus, I may please be enlighten as to whether a Government servant who remains absent from his duties for a longer period, say for a period of over three years, and given the punishment of Compulsory Retirement for the very misconduct by treating the entire absence period as "dies-non", can be denied the interest thereon for the period treated as "dies-non".
I will be grateful to the Experts, if they could cite the precedent, if any exists, on this issue.
I will post the relevant provision of the aforesaid rules if the same are necessary for rendering the considered opinion.
P.ESAKKIMUTHU
13 May 2016 at 12:23
Sub sec (d) of sec 2 of Employees Compensation Act,1923 states who are the dependants of the deceased employee. Under clause (iii),certain category of persons are stated as dependants. Kindly inform any amendments in sec 2 especially in clause d(iii) after the year 1995
balaji
13 May 2016 at 00:25
In an appointment letter ,
1.Your employment is terminate either side, by giving one month notice. In the event of your resignation , the company may at its discretion , relieve you prior to completion of stipulated notice period , without any pay.
2.No paid leaves shall be applicable during probation period . Salary for leave period will be deducted during this period. Paid leaves of 21 days per annum shall be eligible after 240 working days.
3.Appointed as a Finance manager. In the event of company absorbing you as manager , your probation period will be six months , subject to satisfactory performance , you will be provided with a confirmatory letter.
Point no. 1 Resignation after 66 days . i.e in Probation period -Without giving notice period . Salary is pending for 20 days with employer.
Point no. 2 Resignation given as employer is not providing salary payment as decided ( deducted for 2 days in the first month itself) , which was intimated to the employer. Also holding voucher payments. Also, employer was not providing the software training which is required for performing to Do the Job even after consistent reminders.
Point no. 3 Resignation , without serving a notice period. Mobile sim provided by the company, courier to the company after resignation and intimated .
Point no. 4 After providing the resignation there is no reply from the employer during the notice period for resignation nor any call recd. Only employer is mailing payslips for the two months to the employee during notice period.
Point No. 5- Appointed and Office in Maharashtra.
Point no. 6: Appointed as a finance manager and provided slip as a Accounts manager .
Question 1. Can employee has to serve a one month notice? or employer can ask him to pay balance 10 days notice pay.(30-20 already serve before resignation)
Question 2 . After providing the resignation, no reply from the employer, regarding any job pending nor for any handover of work, can any action lateron can be taken by employer in future .
Question 3. As employee is on probation, can notice period is applicable when less than 3 month he has work.
P.ESAKKIMUTHU
12 May 2016 at 22:20
Sub sec d of sec 2 of Employees Compensation Act,1923 states who are the dependants of the deceased employee.Under clause (iii),certain category of persons are stated as dependants.My doubt is as under.In a given case where the woman employee died left no child and husband also predeceased.The parents of the husband/brothers and sisters of deceased husband are no more. The Tahsildar has given a II class legal heir certificate in favour of sons/daughters of brother of the deceased women where the brother of deceased woman already expired. Further, the deceased woman employee was living with the son of the deceased brother of her during the time when the accident occurred Whether as per the definition of dependants in Sub sec d of sec 2 of Employees Compensation Act,1923, the legal heirs can be considered as dependants of the deceased woman employee. If so the relevant decision/amendment may be furnished
Rahul
12 May 2016 at 16:02
Sir or Madam,
I am working in a company and our boss sold out it to another company. Then whose rule and regulation applicable in the takeover company and if new company sIGN the old company employee signature in increment letter whose include term and condition for employee and employer.then which company term and condittion apply in old company employees.
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Second enquiry-whether permissible for the same matter
There was misappropriation of government money for Rs. 20000 in an office.A quasi-judicial inquiry was conducted with the conclusive finding that the alleged loss in the case was Rs. 20000 and that for the alleged loss one X is solely responsible for the loss caused to the office and accordingly punishment order was also issued to X.
Now after six months, on the basis of the finding of a second enquiry, a chargesheet has been issued under Rule 14 of CCS(CCA) Rules 1965 to Y, the Supervisor for alleged lack of supervision.In the second enquiry the loss has been assessed as Rs. 50000. Kindly advise whether a second enquiry is permissible to reopen the legal issue already determined to upset the earlier findings.Whether there is chance to quash the chargesheet in CAT.