randomethic
21 August 2014 at 11:06
Sorry for the long post but I would really appreciate your advice on the below.
I started working at my current organization on May 05, 2014.
On June 26, 2014 a company announcement was made stating that the team of which I am a part will be moving to another city, along with a couple of other teams as well.
On June 30, 2014 the following mail was received by all employees affected by the announcement:
Dear Employee,
This is with reference to the organisation’s decision to relocate certain positions to the Gurgaon location.
Your position is one among those and is expected to be located out of Gurgaon.
You have three weeks period by 23rd July to decide and revert back to the Organisation on your willingness to move and function from new location.
1) If you decide to relocate to our new office, the following support will be provided to assist you in the relocation:
a) You and one other member of your family would be provided the opportunity to travel to and stay for two days for city familiarization.
b) Prior to finally relocating, you and your family (upto a maximum of 6 which includes spouse , 2 dependent children and 2 dependent parents) would be provided a two day stay in a hotel tied up with the organisation for this instance
c) You will be paid relocation reimbursement on actuals as incurred for packing and transportation of goods, provided you use the vendor contracted by us
d) You will be provided flight tickets for you and your family (upto a maximum of 6 which includes spouse , 2 dependent children and 2 dependent parents).
e) You will be provided with a hotel stay you and your family (upto a maximum of 6 which includes spouse , 2 dependent children and 2 dependent parents) for 14 days at a hotel that the organisation has tied up with for this instance.
f) You will be paid a one-time relocation allowance of one month gross salary (minus retirals) in the month you relocate. This will be recovered should you not complete one year of continued service in the organisation
g) You will be reimbursed the brokerage you have paid for renting a house. Alternatively you can choose a company appointed vendor, in which case company would pay the brokerage directly to the vendor.
h) You would also be eligible for an Interest free loan up to a maximum of three months security deposit for your rented house.
2) If you decide to not to relocate to our new office, then following support would be provided:
a. You can continue to work from current location for next 3 months from the date of you communicate your unwillingness.
b. These three months would be considered as notice period, post which you would be relieved from the position.
c. A severance allowance equivalent to 15 days gross pay(excluding retrials) for every completed year that you have served would be paid to you. However to avail this allowance you must serve at least two months notice (No buy out/ adjustment against balance of leave)
d. All other terms and condition as expressed in the employment contract would remain unchanged.
Please do come back to us by 23rd July on your decision of willingness / unwillingness to relocate. We would be more than happy to have you in our team working from the new location and anticipate your favorable response.
Accordingly, on July 23, 2014, I shared the following response with the company:
Hi,
Thank you for the mail and subsequent discussion. Unfortunately, I will be unable to join the team in functioning out of the new location.
Considering that I started at the organization on May 05, 2014, I have been here for 2.5 months and am currently on probation, I am up for confirmation of services only by Nov 05, 2014.
Per my Appointment Letter, my notice period during probation is 45 days.
However, given the present circumstances and company requirements, I am willing to serve my complete notice period (until September 09, 2014) and stay on for a further 45 days, until Oct 23, 2014, completing three months from today.
At the same time, post completion of 45 days of notice period and before Oct 23, 2014, should I find a subsequent opportunity which I want to take up, I propose giving an additional 15 days’ notice to PAYBACK and request that I be relieved within the said 15 day time-frame.
I hope this is agreeable.
I have not received any formal communication from the company after this date. My boss spoke with me once and asked if I would be willing to stay on until Oct 31, 2014 and verbally took an ok response from me, however this is not documented anywhere.
Now, my boss is making my life a living hell and I do not see any reason to continue to work at the company for longer than the notice period in my offer letter.
I would like to write to them on Sep 01, 2014 and re-state that per my offer letter, my notice period on probation is 45 days which ends on Sep 09, 2014.
In keeping with my earlier communication, I will be serving an additional three weeks until Sep 26 2014 and will not be able to continue working after the said date.
Please advise how I can proceed.
Thanks!
lakshman
20 August 2014 at 18:58
sir, i am placed under suspension bcoz of spending more than 48 hours in remand due to 498A case on me.after seven months i appelead for the honourable tribunal for the reinstatement,which gave order in favour of me and mentioned in the order that
"the suspension is illegal, arbitrary and set aside the same with a consequential direction to the respondent to reinstate the applicant into service forthwith with all consequential benefits". basing on the tribunal order my authorities reinstated me into service quoting "finalization of disciplinary proceedings and subject to out come of the result of the judgement in the criminal case filed".nothing more than this is mentioned.
my questions are
1) what about my suspension period ? is it rugalarized or not?
@) what about the salary for the suspension period? am i eligible to get my full salary or i have to content with subsistence allowance for the said period?
3) what about my salary after joining in the duty? am i eligible to get my annual increments or not? is it will be postponed ?
plz clarify my doubts on the above issues?
thanks in advance for kind consideration and replies
Vikas Sharma
20 August 2014 at 15:15
Hi ,
One of my friend was terminated from his job due to some misbehavior and his salary on hold, should we take help of Labour ACT
And in this case any provision of getting three month salary due to (on the spot) termination. Please response ASAP
Mohanlal J P
20 August 2014 at 05:50
After providing thirty days notice period ,what are the precautions to be taken by the principal employer to ensure that the contract labour receives all terminal benefits including last month pay.
ramprasad patel
19 August 2014 at 21:31
sir mere bhai jo madhya pradesh vidhyut vitran co.limit.me class IV karmchari tha use years 2010 me absent ke karan noukari se nikal diya tha jis officer ne dissmmied kiya tha vah curent charg officer tha kya is order ke vs.appeal ab etane samay ke bad ki ja sakati hai aur kya kiya ja sakata hai margdarsan dene ka kasht karen
Arun
19 August 2014 at 10:33
Dear Experts,
Kindly clarify on the below,
We have an potential company who wants to take over only the existing business and Employees alone and not buying the company.
They are issuing the fresh appointment letter from the new entity.
In this case, in whose responsibility The Gratuity and PL encashments will come.
Kindly Clarify
M Saxena
19 August 2014 at 03:06
Dear Expert,
i joined a pvt. ltd. company and they gave me appointment letter where they mentioned i have to fill a bond( bond under service contract on 100 rupee stamp paper) for 1 year, after a year they gave me a bond for three year and if i will breech i have to pay 4 lake rupees which they spend on me on my training during probation period which they dint, i had no choice but to sign as they said sign or leave immediately because of my family needs and loans i had to signed the bond and company started harassing me they dint give me any salary increment even after completion of 2.5 years since i had my own limits and family increasing expenses i told them i wish to leave the job but they said complete three years and then they will decide so finally i had no choice but to leave and i cleared all the personal loan from office and send resignation by mail since they dint received by letter. i joined another firm but after few days i received a legal notice so i rushed to a lawyer and gave them the reply mentioning that ur bond is superseding the appointment letter terms and condition and few more points so finally they file a civil suit against me in court and they have changed the terms and condition of appointment letters to make in their favor and put my look alike signature in fabricated appointment letter, i have original copy of appointment letter issued by company, MOST IMPORTANT when i joined the company after 15 days i took a bike loan and gave my appointment letter copy to bank as income proof now i have the certified copy from bank with covering letter stating that i have given this appointment letter while taking the loan.
fed days back they put a complaint against me that have done the forgery and police inspector is already with them and harassing me daily by calling me and asking to show my original letter also threatening me that i did wrong and i can go to jail as well. i am simple person fighting for my daily needs with family and very small kids and these guys have too much money power and infrastructure to support but i only have my honesty and truth , so i request you all expert to pls. guide me that what are the laws available and what are the ways where i can find justice.
pearl
19 August 2014 at 01:56
Hello,
I am working as manager in a private sector bank. I've completed 5 years of service in this bank. I have achieved various awards and accolades for various achievements in this bank.
I had submitted my resignation from the service of the bank on march 2014 and i completed my notice period of 3 months. I had received communication from the bank on 10.04.2014 stating that your resignation letter is not accepted till the further decision of the management.
afterward on 20.04.2014, i had sent letter that i do not want to continue service of the bank and i request you to kindly relieve me on or before 20.06.2014. afterwards i received a letter in May 2014 that I can not be relieved untill compliance of the Internal Inspection remarks.
In the meanwhile, i had received letter from HR dept that I have demoted as officer and new manager should join on 26.04.2014. Afterwards, I rectified all the features mentioned in the Internal Inspection report and the same vetted by the current manager.
Afterwards, I went to Central office for my relieving, the HR told that I have to take clearance from Inspection department and again the Inspection department provided me list to complete the compliance which mentioned the recovery of the default jewel loan.
I would like to inform that one jewel loan disbursed at our branch on Jan 2013of Rs.9 lakhs and afterwards it was found that the pledged jewels are spurious in nature in Sept 2013.
It was reported to Inspection department, central office and the dept asked to close the jewel loan {outstanding amount Rs 6 lakhs}. Afterwards continuous follow up was made to customer to close the stated loan. The customer deposited some amount and as on date outstanding balance is Rs. 3.35 lakhs.
I have not received any communication from the central office for lodging FIR against the customer.
Now, on 30.07.2014, I again sent letter to HR department requesting to relieve me on or before 31.07.2014 as I have served my notice period also. But the Bank is saying that they will relieve me after the closure of the jewel loan account and Inspection department is going to fix the personal responsibility upon me.
The Bank has not provided me the resignation acceptance letter also till now.
Hence, I request you to kindly guide me that-
1-What are the actions I can take against Bank under which laws?
2-What are the legal actions Bank can take against me?
3-What are the legal implications, I can face if i file suite against Bank?
Thanking You
zamin_s
18 August 2014 at 21:02
I have worked in IT company for 7 years.
My last working date is 31 july 2014.
By when I will get my gratuity, as I have to pay some amount as loan. If I could get it early it will be very helpful for me.
The policy is from LIC.
Also I called to finance dept in my company, he told he sent it to lic.
Can any one give me more info on earliest I will get the amount.
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Ruled case / regular matter in the high court - march, 2010
Sir,
I have served a subsidiary office of govt. of india for 17 years and my services were terminated in the year 2009. I filed the case in the year 2009 and this case was put in regular matters or can say had put in the "Rule" category in March, 2010. As on date more than five years have been passed but the case has not come out from the rule category.
It is requested to kindly let me know how much time the High Court of Delhi will take to take out my case from Rule category / regular matters.
As on August, 2014, which year's ruled/regular matters have been come up.
Kindly suggest.