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Roshini Arya   02 February 2015 at 07:35

Termination after resignation

Sir
As per my clients employment policy they have a notice period of 2 months.
Now an employee found guilty of wrong doing was to be terminated but just before that he sent his resignation on email stating he has resigned due to personal reasons.

My client is now obliged to pay him notice pay or ask him to serve notice pay both which is not acceptable.

Hence I would like to know if a person who has resigned then can he be terminated after that without any legal complications.

If there are any legal complications what are they as the employee is asking the company to provide an acceptance of his resignation.

My client has a manufacturing set up.

Regards

Roshini

P.ESAKKIMUTHU   01 February 2015 at 22:38

Sec 2a(3) of id act-.0n filing petitions within 3 years of termination

Sec 2A(3) of ID Act dealing with cases of termination by which petition to be filed before Labour Court within 3 years of termination. is coming effect from 15.9.2010. The Labour Court Judge says that this amendment is retrospective and took the stand termination effected before 15.9.10 has to be filed within 3 years. say for example if an employee was terminated on 10.1.2007 he must file application before the Labour Court within 9.1.2010.Whereas Trade Union Representatives argued that the amendment in Sec 2A(3) is prospective only and it covers termination effected after 15.9.10.Kindly furnish citations for application of amendment in Sec 2A(3) of ID Act propectively

venkata   01 February 2015 at 21:19

Rejoining

sir i joined in isro in 2010 after getting relieved from technical resignation from south central railway on grade pay 2400 to 4600 but iam willing to rejoin in my home departement on lower grade pay without loosing my seniority and past service whether it is possible?

Nitesh Rautela   01 February 2015 at 21:11

Non payment of incentives as mentioned in offer letter

Dear Sir,

I have submitted my resignation to the company on 12-12-2014 with a 2 month notice period ending on 12-02-2015 after discussing the same with HR personnel, but the company relieved me without prior information on 14-01-2015.Above over this parts of my salary (sometimes 10%,sometimes 5%, sometimes 25% ) are being held by the company without giving any suitable reasons.
Till now I have not been paid my salary for the month of December 2014 and also for 13 days I have worked in the month of January. When I enquired for the total amount payable to me the company is only agreeing to pay amount apart from my incentives which are mentioned in my offer letter.
The management has replied that no Performance incentive will be provided for all the business brought by me as the company is in losses. The Business brought by me is close to 1.2 Cr. in 1 year.

Please advice me if I can claim for my incentives and if i can then how.

Regards
Nitesh

Arif Ali (Apt Co Advisory)   01 February 2015 at 12:06

Pf & esi

I want to know that what is applicability criteria of PF & ESI on a company.
both applicability criteria is same or differ?

thanks

Chetan Bhole   01 February 2015 at 11:20

Mental harassment & termination

This is Chetan Bhole from Thane. I am looking for a advise and good advocate to discuss my concerns with him and to decide whether i can put case on my employer or not. My previous company taken a wrong action across me i.e redundancy by giving completely illogical and false reason to pressurized resignation.. I need help to understand what kind of approach should i adopt to get justice..

venkatesha   31 January 2015 at 21:02

Transfer on couple base

sir
i would like to know the central govt transfer laws regarding transfer on couple base. i am working in one of the central govt organisation in andhrapradesh my wife she is an karnataka state govt employee , i would like to apply for transfer to any one of the centers in karnataka on couple base .so i kindly request you to please give me the details of transfer on couple base . for getting transfer APAR of every year is an important.??? , actually my superior downgraded my APAR or CR from outstanding to very good shall it will affect on my transfer ?? .
what are the guidelines for getting transfer like work report APAR or CR
sir please clarify and give me the feedback as early

Satya   30 January 2015 at 19:31

Regarding non deposit of tds

Dear Sir,
since last 2 years i have been getting full salary as advance without salary slip and no TDS is also deducted and deposited to dept.

My query is
1)-How can i get my form 16
2)-What is the procedure to file the return without form 16
3)- I have applied a study loan in bank but they are asking the Salary slip/Form 16 as Income proof.
4) Can i file return for last 2 years without any income proof, though the amount is credited to my account every month without salary slip

So Please suggest me what can i do in this regard

Thanking You
Regards
Satya

Arun   30 January 2015 at 10:38

Maternity benefit

Dear Experts,

Is the employee is entitled to claim maternity benefit for 3rd child.

Is there any ceiling for maternity benefits.

anil kumar jain   28 January 2015 at 21:48

Retirement dues paid with inordinate delay

I resigned from UP COOPERATIVE SUGAR FACTORIES FEDERATION,LUCKNOW(AN APEX BODY UNDER THE DEPTT OD SUGAR AND CANE DEVELOPMENT,GOVT OF UP) IN AUG 2013.
RESIGNATION ACCEPTED ON 31 AUG 2013.
i got partial amount of retirement dues on 31 dec 2014( 4 months delay).i wrote enormous letters and emails.
i received the remaining amount on 5 jan 2015(18 months delay.)again many correspondences from my side.
the dealing official when I spoke in between used to say"Jain sahab jante ho aap to paisa kaise nikalte hain". he was asking financial benefits.
how can i pursue against this individual . he is the GM(Finance).
i want to claim interest on retirement benefits for the delayed period.??
pls tell how i go ahead??

also i have written many letters to CM UP and Chief Secretary UP Govt, Principal secretary Cane Development deptt UP but no result till date.
only one PG (Public Grievance) complaint no is given to me and whenevcer i check it on website of UPCMO it shows pending status..