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Rajesh   29 October 2015 at 20:32

Dual employement case

facing dual employement charge.B company has terminated and wants recovery of salary.A company has also send show cause notice of termination and recovery of salary.In B company appointment letter dual employment word is not used anywhere.B company Laywer threaten for recovery within week else face criminal charges

kindly advice.

Omprakash Saroj   28 October 2015 at 23:19

Dual employment

Want advice on Dual Employment.
What would be lagal action

potter4   28 October 2015 at 18:48

Inclusion of allowances in overtime calculation

Do we include allowances like HRA/medical/Conveyance/educational or any other compensatory/incentive while calculating overtime ? (Under maharashtra shops and establishment act/factories act?)

Can you refer to some latest case laws ?

Thank you.

JAI SINGH RAGHUVANSHI   28 October 2015 at 17:24

Fatal accident of employee during driving company vehicle during course of employment

An employee of the company died while driving company tanker on his way to company. The tanker tumbled down the road while turning the curve road in great speed. The calculated compensation will be deposited in labor court or MACT Court. Can factory inspector filed case against occupier of the company. Pl reply as soon as possible. Jai Singh. Legal Officer of company

Anita   28 October 2015 at 10:34

Resignation in probation period

Pls suggest action for my query :

Case :I have resigned from my previous org on 08/09/2015 giving 20 days notice & my last day at work was 28/09/2015.
I have already sent exit documents to HR on first week of October.(exit papers were sent by HR to me via email on last day of my work at 1800 hrs, may be to ensure that I do not get clearance from anyone & the process gets delayed further) I have asked him while submitting my resignation letter regarding the relieving formalities & relieving papers - for which HR had smilingly said that he will be giving my relieving paper on my last day. & later on the last day, HR remembers that there is no relieving paper for employees in probation period. I ACCEPT THIS, SINCE IN MY CURRENT ORGANISATION THEY HAVE ALREADY ACCEPTED ME WITHOUT RELEIVING PAPER & HAVE TOLD THEM BEFORE JOINING THAT I CAN ONLY PROVIDE ACCEPTANCE OF RESIGNATION LETTER MAIL.

Now after a month of resignation, when I ask for my Full & final salary settlement for September, HOD says they need a proper detailed handing over, I have already informed our HOD the very day of resigning, that I will be clearing my invoices first since I have only worked for 4 and half months there & expecting me to clear old invoices of 2013-14 is a way too much. What were the old ex-employees did during their clearance ??? How did they got cleared without clearing their old invoices. I have not kept any of my work pending.

I HAVE ALSO TOLD MY HOD THAT I WILL BE HAPPY TO GIVE PROPER HANDING OVER IF ANYONE TAKES UP MY EXISTING JOB IN HAND.

IF AN ORGANISATION CANNOT GIVE RELIEVING PAPER DURING THE PROBATION PERIOD, HOW CAN THEY EXPECT ME TO PROVIDE DETAILED HANDING OVER.

KINDLY SUGGEST WHAT SHOULD I DO TO TAKE MY SALARY DUES.

NAVRATAN MITTAL   27 October 2015 at 23:02

Lien of a post for a government servant appointed on probation on a permanent post.

Sir, please tell me that if a person is appointed in a state government service at a permanent post on probation of two years, then whether he will have a lien on this post if he resigns on technical grounds for central govt. service before completing his probation of the previous post in the state govt. service. In the Rajasthan Service Rules it is mentioned that on substantive appointment to a permanent post a person will have a lien of that post for two years. In this regard whether the appointment of a person on permanent post on probation of two years will be deemed as a substantive appointment on permanent post for the purpose of lien, if he resigns on technical ground before the completion of probation

Raghavendra chitragar   27 October 2015 at 20:02

Recovery of salary and recovery of damages

Sir
I Raghavendra was employed as accountant in the year 2012 jan in the X Company after my appointment the said company was terminated on 30 june 2012 due to act of misconduct after the my termination in to the company was theft of computer accessories by the another same employee by name Kumar but the company was lodge a oral complaint against Raghavendra after the recover of the theft of computer I was issued notice for damages sum of Rs 100000/- along with recovery of arrears of salary for the month of june 2012 notice issued in the date of 5/7/2012 but the company was replied on 16/7/2012 along with baseless allegation and admitted to pay salary for the month of june-2012 but now i intended to file damages. Recovery of salary what is the limitation to file if it is barred by limitation what to do please suggest us immediately

Yogini   27 October 2015 at 17:30

File a suit against company by ex-employee

The company had 2 entity one is software & other one is BPO.

I was given offer letter of software company in finance dept. Since finance dept was centralised, I was also given to handle the payroll BPO entity also. It was a tremendous pressure. I is to work till 11pm every day from morning 10am. Sometimes it may by 12 mid night. My manager has not supported me & he is to scold me every day. I worked like this for almost 3 years & set the process. Recently there was a family problem because of coming late & not giving important to family. It went upto divorce. So I resigned. Next day itself my manager has informed to entire floor that I am leaving, which normally company will not do. This means he had an intention to spread as the company is terminating me. Somehow I managed. But now I am not getting a job & i am in home from past 6 months. Now I want to teach a lesson to them.

1) Company has not complied with minimum wages act for most of employees of BPO

2) Whether company can sue ex-employee on theft/stealing the documents while in service or on any other ground even after issuing the relieving letter from the company?

3) whether ex-employee can sue to company on grounds of harassment, high work pressure, etc even after receiving the reliving letter from company.

4) if yes to 2nd qstn, what is the time limit to sue to company?

5) During exit interview, company has taken a bond from me that for next 12 months i should not be sharing the information of the company to anyone based on my role.
6 a) Is this valid. If yes, my company has not paid the minimum wages to many of employees. will the disclose of those documents to labour dept or to court, will it be harmful to me and whether company can sue me for breaking the agreement? or after 12 months can I disclose the information?

7) What is time limit to sue to company by an ex-employee & vise versa?

Kindly tell me all the possible ways to claim money from company & file a suit against company.

Krishan Kumar   25 October 2015 at 19:58

Regarding recruitment rules.

Sir,

In the recruitment rules in column no. 5, in some posts written as 'Selection' and in some written as 'non-selection.

1. What is difference between in both.
2. How the reservation roster is implemented in promotion where 'selection' is noted in column '5' in RR and total 315 posts are vacant.

Ravi   25 October 2015 at 19:39

Joined on the basis of offer letter

Hi,
I worked in Facility company. I joined on 29th Dec 2014 on that time I have only received Offer letter which has only mentioned location, designation M2 grade and salary breakup and no other terms and condition of employment, and after joining not received any Appointment letter. I was informed three times to HR but they ignore this. I sent my resignation mail on 1st july 2015 to company served 6 days notice period and left on 6th july 2015. at the time of putting my resignation on our employee portal my employment status shown as probation.Now i received the F&F calculation sheet which shows recovery of 24 days, I replied to the HR of the company that i have not signed any binding contract(Appointment letter) with company for 30 days notice period and they replied me that the notice period of 30 days is mentioned in employee portal of the company for M2grade employees. Should i need to sue the company for this? Please guide me for this issue.