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Rahul   17 February 2016 at 23:40

Disparity of payment by management

Hello team,

This is my first post here and I am sure I will be welcomed with some correct response.
I was working with One of pvt Ltd company. The company has provision of buying notice period of 90 days with serving basic
salary .or by serving 1 month notice and paying 2 months basic salary.

I served 15 days notice to manangement and management deducted 75 days basic salary. However there were 3-4 collegue of mine has left their job by serving 7,8,10 or 20 days notice to company and in their case company did the deduction basis on 30 days inspite of 90 days. For example : in case of X employee has served notice of 20 days and he was charged for 10 days.

I hold all the settlement letters with me .which can prove the disparity.

I left job cause of casualty in my family. Management was well aware about my issues but the did the cheap job.

I have send request letter that too they didn't accepted .

Please guide a way forward
Rahul singh

sameer   17 February 2016 at 21:45

Discrimination in compensation among employees

Sir, I am an employee of one MNC in india and been working in this company from last 14 years. Now this company has been merged with other MNC in India. This reform was done on 1st Oct15. Across globe, this is termed as a Joint Venture of 34%(our Co) & 66% (new Co, and in India, this new company has bought our company.
Now, this company has created a new vertical and currently placed all of us (employee of old Co) under that newly formed vertical.
I have been working on a supervisory role in my company and covering Field job & Market and have few reportees.
My reportees and all of their collogues across PAN India, who are members of Trade union BKMC, were asked to resigned and leave the Co with a peanut amount as a compensation. Since they are in to register trade union they opt a legal way and they all have filed a case in labour court in their respective towns across India. As a result management, who had offered them a peanut amount to leave the job, came with an offer of VRS, which is 4 times more compensation then what they had offered them before.
Now since it is a court matter, and prolong battle, management has started to approach us and started conveying us to resign and take a peanut as a compensation. This is a case of Discrimination among the employee of the same Company. Since we are as a supervisory role employees, & are not unionized under any trade union, management is now trying to threat us and asking us to leave with what ever they offer us otherwise we will lose this offer also. We at a similar designation role, across India are requesting management to offer us same VRS, that they had offered to our reportees. They are not ready for this. Also they refuse to provide us a copy of an agreement that was done between both the company during merger.
Please guide me, what can be done in this case? Jobs are not available for us in this new venture. If no job, but can we, as a management employees, go legally to increase our compensation on the ground of Discrimination ?
What steps we can take and we should take to get a Job or good amount of compensation. Management is not giving any thing in writing. They threat us to terminate without any compensation if do not agree to them.
Plz tell me what can we do in this whole case?

sunil   17 February 2016 at 19:42

regarding discharge certificate

Sir I was Asi in cisf I resigned from there on 04.02.2016 through proper chanel and complete all formalities . and join in supreme court as an jca. On 10.2.2016 .Then I mail to my Cisf unit to review my resignation and the clerck stop my discharge certificate because of my application . but sir I already cleared all the formalities so deserve my certificate . please help

Sanjesh Kumar   17 February 2016 at 15:28

Epf withdrawal by nominee

Dear Sir,

One of our employee got expired during the employment. He had made his maternal aunt as a nominee. His father is alive. When we submitted his claim form for PF withdrawal through his aunt, the department has rejected it. The reason of rejection was given that only parents can claim the same. If both the parent are dead then a decree from the court will have to be submitted by the Aunty along with the form.

My question is what is the relevance of nomination form 2(r)? or is it mentioned somewhere in the act that only parents can claim the fund. even the member has nominated someone else.

Thank you
Sanjesh

Anonymous   17 February 2016 at 14:57

What are the chances for relief in this case?

I was employed on probation for 2 years as jail warden
Jail department terminated me on the short ground that i remained absent from duty for 1year 2 months and on that basis they formed opinion that my conduct is not satisfactory and via Rule 10 of Punjab jail department services(Class 3 executive) Rules 1963
Before passing this order the dept has send a notice to report for duty immediately and i have replied on back of notice that i will come on duty when i will be fine as i was ill and was having back pain
Medical certificate of doctor i have given which shows that i have been recommended for rest in that time
but dept ignore those certificates
No enquiry was held
No chargesheet was served
Genuineness of medical certificates was not suspected at any time
so what are the chances of allowing writ petition in high court as my appeal was rejected and now i want to reinstate in service

Anil kaushik   17 February 2016 at 11:06

Refusal to encash the earned leave/adjust in lieu of notice period.

Encashmentof earned leave/adjustment in lieu of notice period: Issue Related To encashment of my unused 25 earned leave : URGENT Help Required Hi, I resigned from my company in the month of Oct 15 by giving a notice period of 1week my resignation wa accepted and i was relived on 21 st oct as requested smoothly by proper handing taking over of the charge & got releiving letter to collect the f& F in the last week of November 15.

Now they are not releasing my F& F settlement & other dues ( superannuation,Gratuity)

After so many communication with Hr recently i have been intimated by mail that

1. Their would a deduction for short notice (24days)
2. unused leave will neither be encashed nor adjusted in lieu of short notice .

In Case I Protest Please Suggest What I Can Do Here. 1> Am I entitle for encashment of unused earned leave Legally 2> What Can I Do for delay in payment of my dues . PS: Please Help Me. Thanks,Anil

b kumar chsndrs   16 February 2016 at 12:22

Rule tecnical resignation

any person take technical resignation and joined same post same department same medical standard othet zone .Pvr and medical alredy comeplted by parent department . if Service is continued .ASR came from parent departmentt can the present depart meant farther take medical and P.V.R. How many time PVR and medical test done for an exiting employer what is rule

vamsi   16 February 2016 at 08:59

About job under compassionate appointment

sir my name is krishna, my father is an ex-andhra bank employee, expired on 2001 january, at that moment iam a minor of 16 years, thats why iam not eligible for his job, they are ready to give that job to my mother but she is an illiterate and not accepted to do the job, finally in 2003 june when iam 18 i applied for that job and my appointment was rejected for the reason that as per the banking rules at that moment compassionate appointments were shelved and a new scheme of ex-gratia was inttoduced and replaced.later i applied for ex-gratia also, but a letter regarding we are not eligible as per their norms. iam fighting from these 15 years,for my father job.........sir so, please kindly give me any suggestion to go through court to move further......do i have any chance now to get my father job or not......thanking your sir,.....

Anadi Chakraborty   15 February 2016 at 22:41

My company is not accepting my resignation

Sir/Madam,
I am working in a Kolkata based IT company.I have 30 calender days both side notice period with my company.

What was mentioned in my offer letter:

"During your employment with ..... Software Technologies Pvt. Ltd., either you or ..... Software Technologies Pvt. Ltd. can terminate the appointment by giving 30 calendar days written notice."

But yesterday when I resigned from my post mentioning that I will serve notice period they replied as---
"I asked you not to leave the organization as I have decided not to accept your resignation."
They are refusing to accept my letter and not ready to release me.
My question is whether they can do it even serving my notice period.If they don't release me may I take any action against them though they are telling that they can take action against me if I leave even after one month.
Please help...

Regards,
Anadi.

Shawn   15 February 2016 at 18:29

Overtime wages

Dear Experts,

I was employed in a MNC where they used to make us work 12 hours a day and 5 days days a week for almost 2-3 months whenever we had New projects.

When equired about overtime salary or allowance, HR said our company does not have overtime pay in the policy and you will not be paid.

Recently I came to know that the MNC is registered under shops and Establishment act, and after reading the Act, as per statute that are liable to pay the overtime.

Can HR deny from paying overtime staying that company does not have such policy ? Which is still denied for other employees.

Since I moved out of that company 1 year ago, can I still ask for the overtime wages.


Regards,
Shawn.