SHASHIDHAR A
05 February 2015 at 12:52
Respected Sir,
I have a query on Weekly Off. Request to let us know for an entitlement of a Weekly Off, how many days an employee to work.
The query is explained in below scenario's.
Scenario 1.
An employee is working 5 day week. Monday to Friday, Saturday & Sunday will be his WO. He is on LOP from Wednesday - Friday and resumes to work on next Monday. Will he get Weekly Off. If yes, will it be for two days OR only for one day.
Scenario 2.
The same employee is on LOP from Monday to Friday, and resumes to work on next Monday. Will he get his WO. If yes, for how many days.
Kindly help.
Thankyou
Shashidhar.
KUMAR SHAH RS
05 February 2015 at 11:53
I work for a multinational in India with Global HQ in US & Germany. Few months back as per the organisation “Code of conduct” I escalated few HR & operational issues challenging the working style of HR & Business Head. Specific details with supporting info was shared with Local compliance, Global Top Management, Global Audit & HR. I got acknowledgement mail assuring 100% protection against retaliation as per “whistle Blower Policy”. Somehow the info leaked to concerned officials (HR & Business Head). They’ve blocked my laptop & mail access without any reason & wish me to resign immediately on legal 100 Rs. Stamped paper. They are so powerful that no body is listening to me & I’ve been threatened that my settlement shall not take place if I do not resign on stamped legal document with following clauses:-
1) upon payment/ full and final settlement of all my statutory and contractual dues in connection with my employment in the Company or separation thereof (as set out in Annexure-I), I (including my legal heirs and successors) shall have no Claims whatsoever against the Company or any of its affiliates, representatives, officers, employees, directors, clients, customers, vendors (“Associates”) including but not limited to claims based on applicable laws, regulation or ordinance having any bearing whatsoever on the terms and conditions of my employment with the Company and cessation thereof. Further, I waive any future Claims whatsoever that I or any of my successor or heirs may have against the Company or any of its Associates and represent that neither I, nor any person acting on my behalf has or will file any actions, complaints, charges, grievances or arbitration, administrative or judicial proceedings against the Company or any of its Associates. For this purpose, “Claims” means all actions, claims, demands, suits, proceedings, liabilities, sums of money, damages and costs arising from or relating to (whether directly or indirectly) my employment with the Company and my resignation thereto, including without limitation, any retirement or pension benefits, annual leave, severance or redundancy payment, notice (or payment in lieu), gratuity, allowances, bonus, incentive or payment on any other account whatsoever and whether or not the Claim arises or may arise under contract, tort, equitable principles or statute.
2) I will indemnify, defend and hold harmless the Company from and against all or any damages, claims, penalties, fines, costs that are or may be paid or incurred by the Company as a result of, arising from, or in connection with, or relating to any misrepresentation, fraud, negligence, breach and/ or failure of performance (in whole or in part) by me of any representation, undertaking, obligation or covenant contained under my appointment letter dated 12th March 2012 (“Appointment Letter”), the internal policies of the Company, or the terms of this letter or breach/ violation of applicable laws in India;
If I do not sign they are not willing to settle my account. Also they are so powerful that they can create misrepresenting facts by pressuring some low designated employees in the organisation. My 2014 performance is B-90 points (partially Achieved) & A grade starts from 91 points.
Please guide what should I do??
satish kumar
04 February 2015 at 14:03
1. 3 candidates recruited in yr. 1988: eg. verma, khajuria & srivastava as assistant programmer and promoted to B group officer.
2. 8 candidates recruited in yr. dec 1991:eg. bharat, dalmia, sahni, inderjit, khanna, Bhatia, Asish, rampal as Assistant programmer promoted to B group officer except BHATIA.
3. 5 candidates recruited in 1991:eg. KK, Deepak, tiwari, rawat, khurana as Data Processing superintendent (DPS) and promoted to AP.
4. 4 candidates recruited in yr. 1991:eg. akshay, chartley, mazumdar, baljinder as console operator and promoted to AP.
5. 4 candidates recruited in yr. 1992: eg. rajesh, saini, sindh paul, anil Sharma as DPS and promoted to AP.
6. 3 candidates recruited in yr. 1996: eg. Akash, simiran, ashwani as DPS and promoted to AP.
7. 2 candidates recruited in yr. 2000 and appointed in 2003 with computer degree from a recognized institution ie from a university: satish, ashok as DPS and promoted to AP. 3 yrs.late appointment due to the serving candidates in the railway(RCF) opposing the appointment of the candidates who possess the computer degree from a recognized institution.
The eligibility criteria of AP and DPS are the same except in experience till recruitment yr. 2000. After 6th pay commission, AP an DPS post merged as sr. Engr./IT.
Out of 29 candidates, only 2 candidates mentioned at point no. 7 possesses the computer degree from a recognized institution and some as private degree and some as none ie not fulfilling the eligibility criteria. Private degree are not demanded but still appointed.
Now differences started to occur between all candidates that those who don’t possess the computer degree can’t be appointed and promoted. Those candidates who possess the computer degree & recruited later demanded promoted first over the former recruited without computer degree and demanding demotion of the candidate who recruited former without computer degree & got promoted.
Some candidates now achieved the service of 23 yrs or more and some are less than 20 yrs & greater than 12 years and not get any promotion still.
Some candidates inserted forged degree of computer to show that we have appointed with computer degree from a recognized institution so that he might got promotion first.
CAT,chandigarh decision is also very worriedful in OAno 1025/PB/2013. see the judgment in the site of CAT'judgement.
now I decided to file a writ in P & H high court.
interested person may Pl answered satisfactorily and advise me be better solution of the problem mentioned above.
Yash
03 February 2015 at 22:46
Joined MNC after signing the contract that there is 2 months notice period from both sides and could be waived off in the lieu 2 months gross salary from either side.
Soon after joining had offer from other company, though the offer letter was awaited by then.
It was verbally discussed with manager for quick release with no written communication.
Manager communicated to HR and same issued a show cause notice with no mention of name of authorized signatory but only signature were there. It stated that it is act of misconduct that you had told your manager that you are yet to decide on the offer from other company.
Replied stating that these alleged points are false and also mention that the show cause notice does not contain any name of authorized signatory.
After 2 days, they terminated stating that it is act of misconduct and no notice period recovery is applicable.
However, in the FnF, they mentioned that I left the company on my own.
As I understand I am eligible for 2 months gross salary as per the contract and since was unemployed for 20 days additional compensation as well.
Please suggest the way forward.
tarun
03 February 2015 at 21:59
I am in 2nd year llb evening course , recently I got appointment in haryana state government.
Do I need to take permission from higher authorities to continue my current study.?
Worth to be mentioned here I applied for current job before starting my llb.!
Pls answer it.
Thanks in advance.
satish kumar
03 February 2015 at 20:46
3 candidates recruited in yr. 1988: eg. verma, khajuria & srivastava as assistant programmer and promoted to B group officer.
2. 8 candidates recruited in yr. dec 1991:eg. bharat, dalmia, sahni, inderjit, khanna, Bhatia, Asish, rampal as Assistant programmer promoted to B group officer except BHATIA.
3. 5 candidates recruited in 1991:eg. KK, Deepak, tiwari, rawat, khurana as Data Processing superintendent (DPS) and promoted to AP.
4. 4 candidates recruited in yr. 1991:eg. akshay, chartley, mazumdar, baljinder as console operator and promoted to AP.
5. 4 candidates recruited in yr. 1992: eg. rajesh, saini, sindh paul, anil Sharma as DPS and promoted to AP.
6. 3 candidates recruited in yr. 1996: eg. Akash, simiran, ashwani as DPS and promoted to AP.
7. 2 candidates recruited in yr. 2000 and appointed in 2003 with computer degree from a recognized institution ie from a university: satish, ashok as DPS and promoted to AP. 3 yrs.late appointment due to the serving candidates in the railway(RCF) opposing the appointment of the candidates who possess the computer degree from a recognized institution.
The eligibility criteria of AP and DPS are the same except in experience till recruitment yr. 2000. After 6th pay commission, AP an DPS post merged as sr. Engr./IT.
Out of 29 candidates, only 2 candidates mentioned at point no. 7 possesses the computer degree from a recognized institution and some as private degree and some as none ie not fulfilling the eligibility criteria. Private degree are not demanded but still appointed.
Now differences started to occur between all candidates that those who don’t possess the computer degree can’t be appointed and promoted. Those candidates who possess the computer degree & recruited later demanded promoted first over the former recruited without computer degree and demanding demotion of the candidate who recruited former without computer degree & got promoted.
Some candidates now achieved the service of 23 yrs or more and some are less than 20 yrs & greater than 12 years and not get any promotion still.
Some candidates inserted forged degree of computer to show that we have appointed with computer degree from a recognized institution so that he might got promotion first.
Pl answered satishfactorily and advise me better solution.
Yash
03 February 2015 at 19:02
Completed 4 years 9 months 11 days with MNC.
Sent form I to Organisation for gratuity.
It has been more than 20 days, no response from the company.
planning to send form N to Assistant labor commissioner.
Please confirm if I am eligible for gratuity?
Please confirm if Ass Labor Commissioner decision would be enforceable?
Sivakumar
03 February 2015 at 17:44
Dear Esteemed Members,
My brother was a post graduate doctor working in a hospital in Bangalore. He was part of the research team and as part of his research work, he was sent to Chattisgarh by the hospital along with few other doctors. They went there to do a research on tribal people.
During their work, they had to visit few tribal areas to conduct the research work and my brother while on one such visit into a remote tribal village in chattisgarh had an accident where he slipped into a gourge.
He was severely injured and succumbed to the injuries as there was a delay of 4 hours by which time they admitted him into the hospital.
My brother is not married and we were two sons to my parents. I being the elder brother, now will have to support my father and mother on my own, where previously, my brother and I used to jointly take care of them.
The hospital did have a Provident fund scheme. The PF claims have been lodged by my family to the PF department.
However, they have not covered themselves under the gratuity act, though statutorily required to do so.
Also, they have not taken any insurance for their employees.
As a result, the hospital does not want to pay any gratuity leave alone the compensation to my family.
My questions to you esteemed members
1. Is the employer liable to compensate my family for the death of my brother during official duty?
2. can the hospital escape the gratuity liability for its employees? My brother has been working in the hospital for over 7 years now since he finished his MD.
3. Is there a maximum compensation limit? I understand that there is a ceiling under the Employees Compensation Act 1923. If we do no opt for that but file a claim under the common law, is there a maximum limit of compensation that needs to be paid?
I am looking for some legal help with this regard, preferably people specialising in labour laws.
Thanks and Regards
Siva
satish kumar
02 February 2015 at 20:03
after what time of the service of a person, one can't challenge his appointment, seniority & promotion even he is not fulfilling the eligibility criteria at the time of selection and other persons who joined later 10 yrs from the former in service who completely fulfill the eligibility criteria can challenge the appointment/promotion of the former by the later who did his also 10 yrs service?
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