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Karthikeyan   22 December 2015 at 11:20

Gratuity issue

Dear Expert,

My friend has come across a scenario :

He was working with Company A for 4 years and 1 years ago this was taken over by Company B. Now Company B is declining the Gratuity Eligibility stating that He was employed with them only for 1 years..

In the offer letter from Company B it is stated that there will be continuity of service and the accrued amount is transferred to B.. When asked on this clause, they replied stating that we do not want to have an issue that time so we just added it..

I believe he is eligible for Gratuity..

Can he file a case against them for fraud or any other charges based on the documents He have from them like offer letter, Gratuity denial letter signed by Company head... If so what are the charges applicable.. ?

they are in total 100+ employees, earlier they used to provide gratuity to similar cases now due to bad performance of company they started to decline all such claims and started to force employees to resign who all were transferred(not letting them to complete total of 5 years).

Going forward everyone will face the same.

Regards,
Karthikeyan..

RK   21 December 2015 at 20:48

Extra ordinary leave without pay

Dear Experts , Good evening!

I am working in Cooperative bank as a Deputy Manager. If I am taking (Authorized Extra Ordinary leave without pay)for a period of six months, whether my service seniority will be lost or not. Because I don't have any other kind of leave in my credit.

kindly guide me in this matter sirs.

Thanks in Advance

Ravi

Nandukumar Kamat   21 December 2015 at 19:09

Gratuity on leaving of job.

Dear Sir and Madam,

I am working as a Accountant in Chartered Accountant Firm & one Pvt. Ltd. Company in Mumbai.
I am working last 8 year and i am getting salary in cheque from CA Firm & Pvt Ltd company. Now I am decided to leave the current job. In my Office total employee is 7-Sevan only. I am eligible for gratuity or not. I don't know what is the correct rule. Some friends tell me that gratuity is to be there. I am 40 years old now.

Please advice.

Kumar   20 December 2015 at 10:12

Leaves policy under shop establishment act for Pvt Ltd Co.

Hi,
I am working in a new bpo, which started 2-3 years ago. I got appointment letter as team leader and they are not giving me team just asking me to work as an agent (its giving me mental torture from 3-months) on top of it they have just 12- leaves on appointment letter and when I read SE act I found it should be 21+9 what can I do? I have informed HR verbally. Please guide me for leaves and show me the path to get a fix for the mental torture which I am suffering.

srinivasan   19 December 2015 at 10:25

License obtaining

Sir
We are doing Coimbatore Corporation construction and repair projects for one year.

Is it necessary for applying for Labour Licence and Safety Licence from authority for our labour deployed.? If it so ,what is the procedure.

jegannathan   19 December 2015 at 09:35

Unsettled salary and pf papers not signed

I was working in a firm where I was working 10 months; i have given 1 month notice to the management for resignation and relieved ; normally company takes 30 to 45 days to settle; in my case they have given part salary and final settlement and pf papers not signed; now it is 75 days over ; they are not responding to my calls or not relying my mails.

what course I have to take

jegannathan

subrata panja   18 December 2015 at 18:08

Metarnity leave and metarnity benefits during probation period in central govt. service.

My wife just joined in a central govt service on last 06/11/2015 as her EDD is 05/02/2016 she applied for metarnity leave from 20/12/2015 to next 180 days as per Central Govt. rules. But her employer told her she had to serve continiously 80 days to avail this metarnity leave with total benefit other wise the less duty days will be counted as without pay and the probation period also extended with due course. Now I like to know is there any rule is exist in central Govt.to avail metarnity leave? I will be highly obliged if any one provide me the exact rule as circuler/memorandum etc. published by Govt. of India regarding this perticular case.

omprakas hjoshi   18 December 2015 at 15:43

Pay fixation

required lawyer to put my case in court

asdf   18 December 2015 at 14:00

Harassment during exit/ non-payment of salary and insentives

I joined Hinduja Leyland Finance ltd 18 months back(off-rolls).
My ctc was fixed to 166860/- as per appointment letter.
I was paid ctc 150000/- after joining.
my State head mailed that, I am to get incentives for my work, I topped the state in my targets(mail available), but after several queries..no incentives.
When I was on my post, a new candidate for the same post(on-roll) was appointed with ctc-350000/-. Same job, same work but double payment. I resigned after that.
Now my last month salary, incentives are blocked. notice sent, no reply. kindly help and suggest.

Anonymous   18 December 2015 at 11:29

Wrongful termination

Hi all respected professionals. I work for a KPO company. I have been terminated stating that I've involved in a malpractice during my final evaluation(to confirm the job after training in probationary period ) by taking the picture of question paper. Evaluation was given even though they were aware that training was done just half way as i was on leave for 35 days owing to the work place injury. I took the photo of the question paper as most of the questions were on the uncovered topics through which i can claim if i fail. And same explanation was given for the show cause notice which says I've misconducted and have been detrimental to the company as per clauses mentioned on the appointment letter. Even after that they've given a termination letter in which an additional clause "violation of company's private intellectual property" is included which was not there in the show cause letter. I noticed it after signing the termination letter in front of their legal advisor(FnF is cleared). Don't you think it's a wrongful termination?
Please help and share your opinions so that i can think further and contest legally.

PS,
-35 days leave was loss of pay
-They have considered that giving even lop leave during probation is a privilege(I had to under go knee ligament reconstruction surgery because of the work place injury.)
-They're not even giving experience certificate of 6 months on my request.
-Medical bills are cleared from them.
-My TL was not good with me as I didn't agree that granting leave for work place injury is a great privilege. Because company has agreed that they are accountable for the injury.