Pramod
21 April 2015 at 14:18
Dear Experts
I would like to present one case study of mine friend kindly advice on the same.
1) He is working with 1 Of leading pharma compnay.
2) Companies hidden policy it that " does not allow a person to work for more than 5-7 years."
3) For it companies managment use transfer,demotions and keep on promotioning younger population over older employees.
(4) My friend is working since last 11 years. Within a span of 4 years he became zoanl manager and worked at H.Office level for 2 years.
(5) Further compnay abolished this designation and reassigned him at field in lower position.
(6) Some managers like him left jobs due to transfer,demotions.
(7) But being a family responsibility he decided to stick with the given position.
(8) In last 5 years he demoted as a area manager, transferred trice from Mumbai to navimumbai, Navimumbai to Kolhapur and now Kolhapur to Ratnagiri.
(9)Management kept him giving different divisions during this span of working.
(10) As the peple who were junior and reporting to him now get promoted 2 levels above him.
(11) Because of 11 years experience he has now getting good salary which he will not get in any other pharma company.
(12)Managment as per rules can not halt his salary increament but did not giving him any promotion.
(13)By doing this management pulling his moral down.
(14)The people with detoriated communication,writting skills and less educated getting promotions based on favorism.
(15) His activites are not highliged at Upper level.
(16)Since last 5 years he is fighting with such demoralizing situation which is imposed on him by managment.
(17)At every transfer place he got 1 vilian in management who has halted his growth.
(18) Now he want to join any political party as a part time basis which he feels will improve his mental satisfaction.
(19) He thinks that such joining with political parties will weaken managments stratergies at leat he will be in confident mode with having a positions of District President in a political parties.
(20) He dont think that company will give him further promotin at all.
(21)Being a polite employee he never opposed to tranfer ,demotions and change in departments.
(22) We would like to know does any law prohibit employee to join a political party.
ashish
20 April 2015 at 21:39
Hi,
Please find the situation depicted below:
1. I was a part of MNC in Pune as Software Engineer and completed 4 years. During my tenure I got many appreciation for my work as my technical skills are good. I have resigned in January because my mother was admitted to Hospital and needs me to take care of her. After resignation in January, I had meeting with HR and she told me that I need to serve 3 months notice period and if I take leaves during the notice period, my notice period will get extended.
At that time I was willing to serve the notice period for 3 months.
2. I have taken leaves during notice period in January as well as in February as my mother was admitted to hospital. I got the full salary for January and February despite my leaves.
3. As per last conversation with HR, I came to know that my last day will be on March.
At that time, HR did not tell me that I need to pay the money which I got in excess for the month of January and February. So I agreed to leave the company without serving the 3 months notice period.
4. I have initiated clearance on last working day and after that I come to know that I need to pay the money which I received in the month of January and February as I was on leave. HR told me that until the payment, I will not get my Experience letter and Relieving letter.
I thought that I was having leaves and due to which I got full salary despite I was on leave.
5. After that I told HR that I can serve the notice period of 3 months as well as the leaves taken by me on notice period.
But HR were not agreed to it and said that there is no position for me to take back at work and my ID was terminated.
6. It was mistake by the company that they gave me extra salary despite I was on leave.
If there was any mistake in the system then I wanted to correct it on humanitarian ground and I wanted to serve the notice period for the extra payment I got but HR refused it.
At any meeting or conversation with HR, I did not ask for early release from the company.
Please find the below company policies:
1. As per Company's Policy if the employee have taken leaves during notice period then the notice period will be extended and employee need to serve the extended notice period for the leaves taken by employee.
2. As per Company's Policy if the Employee do not have leave balance then the leaves are treated as Leave Without Pay and the amount will be deducted from the salary. But in my case amount did not deducted from salary and I got full salary which is system's mistake.
3. I did not ask for early release from the Company. As per company's policy if company release the Employee before notice period completion, then Company needs to pay Basic Pay of the remaining days of the notice period to the employee.
Here my notice period will be completed after 3 months from date of resignation as well as leaves will be added in the notice period as I have taken leaves during notice period as per Company's Policy.
Excerpt of the situation is - I got excess salary from Employer despite my leaves on notice period. I did not know this because I was busy with my mother's hospitalization. On last working day, I came to know that I need to pay the excess amount I received from the Employer then only I will get the Experience and Relieving letter.
It was not my fault that I received the excess money. After I come to know that I need to pay money to the Employer that I received mistakenly, I was willing to serve the complete notice period but HR refused it and said my ID was terminated.
Can I take legal action on the company, If yes please suggest if I need to go with Labour court or Civil.
Could you please help me on this.
umesh
20 April 2015 at 18:33
Due to physical assault at office premises my friend was admitted at Department hospital.The doctors were informed to Police authorities and section head of the department. The Department doctors recommended 10 days medical leave cum fitness certificate to my friend.. But now leave sanctioning authority rejecting the leave application that there is no intimation to him other than physical assault day. The hospital and office is in same Head quarter. Thr organisation is central govt PSU. How can he get the approval of leave.
Rama mohan Acharya
20 April 2015 at 15:27
If an order has been passed Under rule 25(2)(v) of the Contract Labour Regulation & Abolistion Central Rules, then who has the power to impliment thst order?
Can Central Govt Indusrtial Tribunal cum Labour Court(CGIT) has the jurisdiction to see the legality of such order if referred to it by the appropriate Govt under section 10(1) d of Industrial Dispute ACt 1947?
sasikumar
19 April 2015 at 22:43
sir,
I need a clear legal aspects reg D.A for the employees working in pvt company while co undergoing loss
ashwini
19 April 2015 at 21:55
Hi, I have just resigned since my employer blocked my internal transfer saying I am their very important resource. They raised their voice and scolded me for applying for internal position. Due to these reasons I resigned, and my manager scolded me again saying I am being unprofessional holding the key position in the company. Though it is mentioned as 1 month notice period in the contract he asked me to extend it to 3 months. Also threatened me that he could write anything bad in my relieving letter.
I do not have any offer in hand, But still I do not want to extend my notice period because I have to make further plans for my career which needs time. Kindly guide me how can I negotiate, and what are the actions I can take for their threatening remarks.
amw
19 April 2015 at 05:24
Hi, I joined IT company for 3 days. I got better offer from another IT company and I joined new company. After joining new company I sent my resignation letter to the old company. Please let me know if it will create any legal issue for me in my current job in new company and in future. Is it required for me to get reliving letter from old company for which I worked for only 3 days. Old company is saying that they will not relive me. Please advice.
shekhar sharma
18 April 2015 at 21:58
i am working in central govt autonomus body (ESIC).i was given EOL for study purpose for pursuing my PG.my seniority and service remain intact in EOL.My query is that am i eligible for earned leave credit for that period as EOL for study purpose period count for qualifying service ,even EOL for medical purpose EL are credited for that duration .
Rajnish
18 April 2015 at 16:36
Dear Sir,
please take a note that, i am working in India company around 2 year.
after 2 year company transferred to Abroad and start work on abroad payroll.
also note that, company calculated full & Final settlement in India part and paid to me.
now i have completed in Abroad more 5 years on that payroll.
In this case i have applicable for gratuity. Please confirm and reply.
Thanking you in advance.
Regards
Rajnish
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Non compete clause
I was working as Associate Professor in a management college in Gurgaon for over 10 years. In Jaunary 2015, I resigned from the services and took up employment in a different management institute as Associate Prof from Feb 2015. Till date my FnF has not been done. Yesterday, I received attached e-mail saying that I have violated the non compete clause enshrined in the 'Employment Handbook'. My FnF is being withheld and I am threatened with termination and that my current employer will also be served with a copy of termination letter.
I never signed any non compete agreement/ contract with the institute, neither did I ask for my notice period to be waived off in my resignation letter. Even the no-compete clause has been surreptitiously inserted in the Handbook 2-3 years back. There has been no formal communication about it to the employees. Several employees have either quit voluntarily or been fired from the job over several years and they joined other institutes. As I understand, I am the only one who has been singled out for this treatment.
Please advise my next course of action.