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B Behara   25 September 2014 at 18:49

Mistake in my name in pf account

Dear sir

In PF statement my name is not correctly mentioned. I asked my HR to change and they have rectified the name in Pay Slip, but PF statement still it shows the wrong name. and now HR is telling it is not possible to correct the name in PF statement. Just for your information I have given my data correctly at the time of joining.
Pls. advise me in this matter.

prem chandy   25 September 2014 at 16:41

Bonous calculation with leave

Sir,
I calculate bonous on 3500x12*12% in this regard how is the non working day or the unpaid leave calculated.
i)One of our labour has taken leave with out notice for 18 days in july and again 23 days in August how do I calculate his bonous.
ii)In ths above case can he be asked to join afresh as he have take leave without any proper explanation and reason for so long.point of discontunity.

baskar   25 September 2014 at 15:51

Left employee bonus eligible

Dear Sir,
This is baskar from kanchipuram, i resigned my job next month 6th, now my basic + DA = 10700/- company told not eligible to get bonus. That is correct or not? please give your feedback.

Salma   24 September 2014 at 22:47

Lic - compassionate job request

Hi Team,

Thank you for looking into this Query.

My father has served in LIC for 7 years as a Record Clerk and passed away on 07/06/2007 with a disease.

We are 3 children to my father. Elder daughter who was married long ago. I am a second daughter who was unmarried during the incident and got married after an year.

I have a younger brother who was minor during the above time.

My mother has requested for a compassionate job to the minor son and kept escalating to higher authorities.

However, during 2008, 09 and 2010, LIC has rejected saying that request cannot be honored as the son was minor during the incident and closed the matter.

In the year 2011, LIC has clearly stated that job would have been given to me who was major and unmarried during the incident occurred.

Could you please guide me, if I can request for that job now, ie., after 7 years of my fathers death?

Regards,
Salma









SANTOSH BIDU   24 September 2014 at 21:37

Minimum wages act

education trust in mumbai (Maharashtra). Education doesn't come under scheduled employment in maharashtra. In this situation, Minimum Wages Act will be applicable on us? If no, then what act will be applicable on us?

Ankush Aggarwal   24 September 2014 at 19:25

Applicability of employment bond in india

I had joined a company 3 months back, but at the time of joining i was not told about the signing of 3 years bond of employment with a penalty of 12 months salary in case of breach of bond. Now they are forcing me to sign the bond.
I would like to know whether this bond is enforceable in India or not.


Thanks.

Sharmakumaru   24 September 2014 at 17:57

Guidance related clause / acts and adevise for legal approch

I am from Burdhman District of West Bengal.
My complaint is against my employer who is having their Cement Grinding Industry in Burdhman district of West Bengal, for not allowing me to enter in to plant premises during officially allowed Notice period after Resignation from the company, for the intension of Insulting me and creating mental harassment.

I have given my resignation vide letter dated 30/Aug/2014 to the company from the post of Manager, on the ground of personal reasons. Infect I had been several times Insulted and harassed mentally by the management and huge delay for the non-payment of monthly salary for almost 3 month (June, July & August, up to 30th Aug 2014).

On the same day of resignation I was communicated by company HRD Manager through email, to serve One month notice period as per terms & conditions of my Appointment Letter, till 30/09/2014. Accordingly I have replied against management communication requesting my full & final payment/ dues clearance by 30th September 2014, i.e. against working days till date of full & final payment. During my notice period working I have received a mail from company HRD manager to avail 18 days balance Leave against additional working days on weekly Off & Holidays from 05/09/14 to 22/09/2014. Accordingly I have taken leave and resumed my balance days of notice period on 23rd Sept’2014, after proper official information to the management.

As per clause of Appointment Letter a Car without Driver was given to me for my Official duty. Same Car was taken back by the Management after 2-3 days of my Resignation and no other transport arrangement was made for me to attend my duty well in time, to make me harassed and Insulted. After availing 18 days balance leaves as per management instruction, again Management is not providing me any Transport to reach plant since last 2 days, no response is being given even after frequent call & message to Chairman, Managing Director & HRD Manager. Management is neither allowing me to enter in to the plant premises to complete balance notice period and nor clearing/ paying my full and final payment. My monthly Salary is due since last 4 months.

I really don’t know what I shall do in this situation. Clause of One month notice period is already mentioned in my Appointment Letter. Even though Management accepted my one month notice period officially through mail, they are not allowing me to enter in to plant premises and not taking my calls to speak and clear for their decision. I am pretty sure; management is not going to pay my balance Salary & dues of last 4 months on completion of Notice period, i.e. on 30th Sept’2014, as they are doing intentionally with other employees who have left them in last 3-4 months.

The second fact is that since several years there is no system in this company to disburse monthly salary well in time, PF deduction from senior staff, submission of income tax and professional tax to tax department from employee’s salary at all. No policy & record of standard Rule & Regulations, Standing Orders are available with the Employer pertaining to Designation, Appointment letter, HR Policy, Government taxes & duties payment.

No Records & register are being maintained for the Attendance, Leave record, Payment of staff, no PF is deducted for company staff and many more illegal acts of government tax, for purchase of raw material and sale of product, especially for nonpayment of Sales Tax & Excise duty etc clearly reveals their complete offense & Negligence on official obligations.

During last couple of years many employees have left company because of misbehave, using Abusing word & mental harassment by top management of Company and non-payment of salary in time.

Kindly please Guide me “What should I do, to approach/ Complaint to government official /authority, especially in West Bengal Estate/ Region, as my employer is not respecting/ following given clause/ condition of Appointment letter and not allowing me to enter in the plant premises during my official Notice period duration, for which Management have clearly issued a confirmation letter through Email.

I also wish to know all legal Acts their code nos for my above mentioned problem, in order to communicate my employer in writing mentioning all rules, regulations & acts of West Bengal Government, to threaten them to stop aforesaid acts.

Kindly also favor by guiding me, to which Office/ Authorities/ Forum of West Bengal should be contacted, if my Employer will not pay my full & final Salary & dues, after resignation & completion of Notice period, as I am not financial strong enough to pay for Legal advice from Advocate/ lawyer.

I will be grateful, If any divine soul/ official/ executive may help, guide & favor me for perfect & legal wayout to solve my aforesaid problem, I will be highly obliged for the same.

Thanks in anticipation

koushik sarkar   24 September 2014 at 17:34

My full & final settlement

Dear Sir,

Please note the synopsis herewith for your onward necessary action:-

I Koushik Sarkar worked as Project Coordinator in M/s.Kaveri Ultra Polymers P Ltd, Kaveri House, 1st Floor, 132/1, M.G.Road, Kolkata-700007. Phone:033-22695791. Email: sales.cal@kaveri.in, projects.cal@kaveri.in. Website- www.kaveri.in since 20th May 2008.

02.04.13 - I gave resignation Letter to Kaveri - Releasing time by 30.04.13

Reason for Leaving - Getting highly paid salary pkg - PF/HRA + all other benefits - Where in Kaveri they are not paying PF – I intimated several times but they are saying that I am not applicable. Where as anybody join Kaveri under Ultra – they are availing PF

10.04.13 - Salary HOLD (After cross check in my Salary A/c) - Intimate to my superiors Mr.A.k.Ray – Sr.G.M – Project - He informed me that he will discuss with Shri.S.K.Saraogi – Director – so that salary will be remit.
He also insist me to talk with him for the reason behind resignation. - I told him that as my dad health condition was not good and my mental condition is not good so I will talk you later regarding this matter.

NOTE: In the mean time I have started handing over my Job to my colleague (approx 60%)

22.04.13 - I talk with my next boss Mr.A.K.Ray – Sr.G.M – Projects – He informed me to withdraw my resignation and he will try to adjust/match my salary nearer to my offered salary package which I get from new company. And he insist me to not to accept the offered appointment letter. As I am working in this company since 5years hence I accept the proposal of my superiors.

23.04.13 - I have submitted withdraw letter against my resignation letter dt:02.04.13

24.04.13 - I again inform to Shri.A.K.Ray to release the salary as I am facing financial crunches (Holding salary means unable to pay my House rent/Ongoing medical expenses of my dad, My daughter school fees)

09.05.13 - Salary again not remitted to my Account.

NOTE: So March’13+April’13+May’13(upto dated:09.05.13 – Salary DUE)

10.05.13 - I informed to one of my manager that after several intimation Kaveri not releasing my salary – hence without salary I am unable to come daily to office to work. As soon as they will pay the salary I will join duty.

16.05.13 - Letter again sent to release my due salary

18.05.13 - Reminder –I sent a/g my letter Dt:16.05.13

22.05.13 - Reminder-II sent a/g my letter Dt:16.05.13

20.05.13 - I got an offer from a company

23.05.13 - I joined my new company

04.06.13 - Letter sent again to release my salary.

12.06.13 - Letter sent again to release my salary.

11.07.13 - I call to Shri.S.K.Saraogi – Director – to release my salary. I informed him that but holding salary after withdrawing my resignation where it is written to hold my all dues? Then he cut off the Phone.

03.10.2013 - Send Letter to Bangalore A/c. to issue my FORM-16 for the period 2012-2013. But no response i received.


NOTE: I several times inform to Shri.A.K.Ray that if I stay or left I will handed over all the balance job i.e. 40% time to time.

NOTE: Previously many left the company after taking salary but without giving intimation. But I have given my resignation in a proper way. But what I get after agreeing clear cut ward/version of my superiors to withdraw my resignation? Now request you to give your valuable suggestion.

NOTE: My March + April + May(9Days)+ Gratuity + 2012-2013 Bonus + As on date Interest = Approx Rs.1,57,625.00 is Lying DUE

Inform Next course of Action.

regards

Koushik Sarkar
M-9038085003/8961000152

Binayak Acharya   24 September 2014 at 07:35

Promotion against stay of a gr case and order for promotion by high court

Sir,

A friend of mine working under same Govt Job at BBSR took a hand loan of Rs 6.8 Laks by cheque but not returned in time agreed by a stampaper agreement.

Gave two check of Rs 4 lakhs with no balance, than another 1.5 laks with same condition. I went to police to lodge a FIR but police did not receive, denied by courier post too.

Than he came to me by my call and pressure to a 150 Km place from BBSR to have a another agreement. But he phoned his wife to lodge a FIR at BBSR that he is kidnaped.

Police came and court forwared me , even when counter FIR was given convincing that it shall not be under 365/34 etc.

During Court Arrest period of 17 days Govt suspended me , after I came I filed a mony suit of Rs 9.25 laks and a cheque bounce case. Both these cases are pending. He has returned rs 75 thousand by draft in the court against NI Act case of Cheque bounce.

Now the GR case corresponding to PS case is stayed by HC Cuttack Odisha, the OPTCL the employee/Govt under taking is not a party. Also by another HC has orderd the Govt to follow the gradation list , by another case.

Under these condition shall my promotion be done by DPC as par with my friends etc.I am not having any departmental charge sheet,5 effective regular CCRs(at presnt ,excluding 4 CCRs of suspension period),25 years of Service,2 previous Suspensions set all right. etc

Please respond.

puneet   23 September 2014 at 22:30

Transfer of case.

Hi,

I have a case pending in Bangalore for more than 4 years. I have been transferred to Gurgaon.

Can I also get my labour case transferred.