GERARD FERNANDES
28 September 2015 at 10:28
Good morning
I seek advice on gratuity. I work with a Pvt Ltd company and have been in continuous service since Sep 2010.
The initial offer letter has the designation as Consultant and the contract has been renewed on time without any break in service
I get benefits like leave (30 days per annum) and the Sat/Sun weekly off and am dedicated to work in this company.
Please advice if I am eligible for Gratuity as i do not have any savings like Provident Fund etc.
Also since I get paid a fee how will the basic be determined. What will the calculation be ?
I appreciate your assistance and help
Thank You
G.Fernandes
anirban bhattacharjee
28 September 2015 at 09:39
Dear legal experts,
My employer has only one registered office at Haryana in India.I am posted at Kolkata though I am operating from my residence as they do not have any branch office at Kolkata.My salaries are being credited to my ICICI bank account at Kolkata.My offer letter was also issued on my residential address at Kolkata.But,the jurisdiction mentioned in the terms & condition is in Haryana where the registered office is located.Can any expert suggest that in case I have to approach any labour commissionaire/labour court for possible legal disputes,is the jurisdiction of labour commissionaire/ labour court at Kolkata or Haryana?
Regards,
Ani.
anirban
28 September 2015 at 09:01
Sirs,
I was working as Sales Manager in the Indian subsidiary of US based MNC.I did not exercise any power to grant leave, to initiate disciplinary proceedings and to make temporary appointments etc., My emoluments was near about 0.1 million Indian rupees per month. I have some dispute over my terminal dues and would like to proceed through labour court.Can I be treated as "Worker" instead of a "Manager" (Glorified) under Industrial Dispute Act or Shop & Commercial Establishment Act?
Malvika
27 September 2015 at 17:39
I have the option to buy my notice period but the Agreement remains silent on 'mode of payment'.
Can somebody please tell me the fastest mode of payment and how to pay without any bank details of the company and also keep a record of the payment?
Please note that the payment terminates the contract and I need to do this soon. The co. is trying to hold me back from doing so. The person who signed it is not a party and cannot pay him. This is a Pvt. Ltd Co.
sukhmani kaur
26 September 2015 at 20:32
Hi All,
I was working with the small company(IT Company).It was registered under shop and establishment act. And I signed a agreement where my notice period is of 2 months.
Here is my What happened with me.
I was on sick leave during that time few employees of company resigned because of Bad environment and politics in company. after my sick leave i emailed that i will join on Monday but i got an email from HR that take a rest of two more days and join us from Wednesday. When i went there they didnt allow me to sit at my seat and ask me to wait in conference room.
After that OWNER and HR both start YELLING and SHOUTING at me that i am responsible for the others resignation.
And forced me to resign and handover the projects.Only if i resign they will pay my dues.
Even my Salary of Last month was due.
So, my pending dues are of two months with them . as i survive on Salary so i resigned as per their instructions and handover all projects.
Now when i asked for my salary (2months salary)after 10 days they suddenly changed and said i have to complete all the projects first.
Also send notice to me for 5Lakh loss.
I consult with lawyer and replied to notice that they asked me to leave and forced me to resign.Even my two months salary is due.
To get my salary i was advised to to file a recovery case . i just need my two months salary that was 70k.
Company file counter claim on that for 5Lakh Loss.
Please advice my what should i do .
I know i don't have anything in written
and they have my resignation letter .
according to which i have to serve two months notice as per agreement.
But the Ex-employees (Witnesses) are ready to give their statement that the OWNER of company was culprit who planned everything and terminated me smartly.
I just wanted to know what are the rights of employee if employer failed to pay salary on fixed date.
IS Company the first who break the agreement by not paying salary on fixed date(5th of every month) or i am who forced to resign from duties .
I will attach my agreement if needed.
Please help and Advice .Thank you in advance.
Lalit Kumar
26 September 2015 at 17:21
Dear Concern,
My friend was working in private limited company after his resigned company has denied to give the fund against the his remaining Privilege Leaves (PL) as well as some additional amount which was deducted from employee’s salary to stop the instant/without notice resignation of employees, Where HR head passed the circular stating that deducted amount will be refund to employee who complete the notice period or proper resigned.
I am also working is same company and planning to quit in future now I want to get the information on following points.
Can any company denied to refund the amount against Privilege Leaves (PL) of their employees at proper resignation?
If any organization makes any policy and passed the circular, later company denied refund the deducted amount from employee’s salary against same policy. Is its legally correct if not so how we can recover from company?
Thanks
Idris
26 September 2015 at 11:00
Is it Mandatory for a Trader to obtain Licence under section 287 of Chennai City Municipal Corporation Act IV of 1919
Major Rajesh
26 September 2015 at 01:07
Dear sir,I was working in armed forces medical services as a short service commissioned officer Wef 25 April2008.in July 2014 I applied for a post of deputy manager in a psu of MoD,while attending the interview in February 2015 I submitted NOC and pay slip of January 2015.Then on last 31 March 2015 I was released from service after putting7 yrs of service.Surprisingly in September 2015 I got an offer letter from the psu for the applied job asking me to join in November 2015.Now they r offering me pay scale E2 of IDA (20600-3%-46000) with minimum basic of 20600 but when now I am joining I m not in active service..
Can I ask for pay protection as per pay slip(PB3 scale 15600-39000 grade pay 6600,)basic 22950 of January2015 which I submitted during interview.also on the ground that my candidature was as serving candidate.
Regards Major Rajesh
GOVIND SINGH
25 September 2015 at 16:12
Sir,
I joined department of posts on 13th July 2010.I have recently been given conditional appointment in up basic education department with time of 10 days to join I.e up to 30th sep 2015.I took permission from my department before applying in 2013. I want to give technical resignation. But my superintendent is saying. There is no such provision in our department. I won't give u technical resignation. Also no 1 month prior notice you have given so resignation is also not possible. But I got my appointment letter on 21st sep 2015 only.kindly help me what should I do
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Employer not providing releiving and experience letter
I filed a case against my employer for not releasing my salary and for not providing releiving and experience letter in labour court. Today they release my salary by a cheque but for releiving letter they told me to visit the office. I resign from the company on 27th july and serve a notice period till july 20th. After that i visited the office six times for this reason but they are not responding and finally i filed the case in labour court. They are accusing that your previous records are not clear after i completed my notice period then they told this to me. Earlier everything was fine because i am working there and following their work procedures and rules. Please help me if they ask me the same question again.