Ravi Kumar
23 January 2015 at 15:51
Hello Sir / Madam,
I have served a IT / ITES based company in Tamilnadu - Coimbatore for a period starting from March 2008 till Nov 2014. My resignation was accepted and was relieved from duty on November 2014 with a small farewell party hosted by the management. The company provided me the salary certificate, relieving order and experience certificate duly at the last working day with the company.
When I was relieved from duties, our HR department stated that they will pay my Gratuity amount after 30 days of my last working day with the company, which did not happened. I waited for 40 days and started following up with the HR department for the release of my Gratuity. Initially HR stated that our CEO needs to work with the company auditor regarding the gratuity of mine and i was waiting few more days, however got a response from HR stating that the CEO of the company is contemplating the forfeit of my Gratuity.
I was completely shocked and requested for a meeting with the CEO which happened recently and during the meeting CEO was claiming that they cannot release the full Gratuity and laid the reasons below:
1. During my employment with the company, in the year 2013 the management had to process a refund to a particular international client, for whom the company was offering support services. I was managing the support team at that time. CEO stated that the refund was processed mainly because of my negligence of work.
2. CEO now states that my overall performance was not satisfactory all through my tenure with the company and am unfit to deliver matching the expectations of the company.
CEO stated that they can think of paying only a portion of Gratuity and the management will withheld the portion of my Gratuity and adjust for the losses.
Am really surprised to learn such comments right after i requested for my Gratuity.
Can you experts please advise on how i should proceed further and what should i need to do at this juncture.
Thanks,
Ravi Kumar
ravimehta
22 January 2015 at 21:23
Dear Sir,
I am working in a indian organisation from almost six months. My salary comes on 7 of every month but my company has not released my last month salary now its almost time to come another month of salary. When i asked them the reason then they said becuase of you poor performance they hold my salary. In this case can i lodge a complaint against y company where i am working for salary matter. kindly help
pankajjha
22 January 2015 at 13:40
dear sir,
I worked as a banking clerk in a ltd co for 8 years. One day My CFO told me to bring lunch for him, but i refused to do that, then suspend for 7 days but matter goes to my chairman force to me to that but i refused that again they were fired from my job without any notice.after two month they give me a cheque of rs around 44,000 as gratuity and my HR told my compensation is still pending. but i call my co foe that compensation they voilent on me and said to me that your full dues cleared.after that incidence they send me releasing letter to my house throught speed post.sir i am totally financial distress and not able to find any job.can i file case against them or demand for the compensation.My gross salary is rs.8200/- p.m what compensation i get. i am 34 years old.
Please reply as soon as possible sir,
thanking you
Ann M
22 January 2015 at 13:23
One of my employee has been retrenched. He has served 4yrs. 7 mths & 22 days in service with us. Is he entiltled for Gratuity ?
aman
22 January 2015 at 13:08
Dear experts
I am in government service, i joined in july 2014, i was persuing regular llb from a govt. College since 2013, its my 2nd year.. can i continue my degree in any way with my job ..
Anand
21 January 2015 at 18:16
Organization Sends Two Offer Letters, 1st Of Higher Ctc And 2nd Of Lower Ctc. Candidate Submits Offer Letter Of Higher Ctc And Joins. Salry Processed At Higher Ctc For 6 Months And Then Suddenly Reporting Manger, His Higher Up And HR Head Invetes Candidate For Performance Review And Meeting And Asks That The Candidate Had Made A Fraud By Submitting Higher Ctc Offer Letter And Asks To Resign Immediately.
Your Comments Please.
Is candidate guilty?
If No, what are candidate's rights as employee
Arun
21 January 2015 at 10:34
Dear Experts,
Our company has a team of 20 persons to Support the Business ( IT, ADMIN, HR, Finance). Our Company is taken over by other company recently.( Not the company only the staff and business)
Most of employees are working here more for than 8 years. They haven't settled our Gratuity yet.
Now they want to start a new company with new directors and support team will come under that company and as if the support is outsourced.
Kindly clarify at this stage the support Team will be treated like Vendors in this case what happens to our settlement.
What kind of undertaking should we get for this type.
Kindly clarify.
surjit singh
21 January 2015 at 10:07
One of my near family member died while he was working as an engineer on a cargo vessel. On 19-12-2014 near offshore nagapattam the vessel sink due to leakage .The company was an private cargo shiping company having its registered office at Mumbai.My question is whether the kin is entitled to compensation from the company. If yes, whether they have to approach workman claims tribunal at mumbai or they can approach the tribunal in the state where the deceased family is staying. Please advice.
Sunil Singh
20 January 2015 at 17:47
I had been framed under false harassment case by the company. The biased ICC recommended my termination. I files a writ in high court against the ICC findings but my writ has been dismissed. Now I want to take to divisional bench.anyone could suggest me a very good lawyer for this.
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Full and final settlement
Hi All,
I was working for a PVT LTD company in gurgaon for more than 3 years , All of sudden they asked to me leave and said you are not performing well , you can leave this organization ( Verbal ) so i resigned on september 26/2014 . as per managers they agreed my full and final will be done in coming pay cycle which was oct 7 2014 but they didn't clear my dues till now . When i went to office to ask the reason , next day they sent me an email that i am threatening their employees and i breached code of conduct stating I have conveyed in America ( Onshore company ) that i have opened a company of a similar nature and the same was given as a feedback to my new employer which was Convergys so they terminated me based on that. I have a termination letter from them only. they mentioned in Email that they will talk to their office in America and then they will tell their final decision . It's been 4 months now, i sent them many emails to clear my dues , to tell their final decision but as of now i didn't hear any positive answer . however they sent me a notice with lot of base less allegations in November , I sent them reply of their notice on 26th of december by speed post and had given 15 days time to reply . Till now no reply from them . As a proof i have that long email conversation where they have been tolerating by giving excuses, signed copy of resignation and Termination letter from convergys where this has been stated " Due to false information given by employee " . What should i do to save my 3 years of experience and to get a new job plus to get my all paper works with full and final from them .