S Kumar
25 July 2014 at 19:41
Dear Sirs,
Whether an employee who is a legal executive of a company having LLB,LLM qualification can represent a labour case as an authorised representative of company
thanks
Chandan Singh
25 July 2014 at 12:50
Hi All,
We have appoint a person from Canada for service rendered to my company.
He face a lots of problem for his Indian working visa.
the consulate told him to submit the non judicial agreement.
so I want to know about non judicial agreement or may I printed the agreement on my company's letterhead or normal legal paper after that I notarized the agreement or franked the agreement
lalitha
25 July 2014 at 12:44
On 23rd July, 2013 I have transferred Rs.10,000 to Mr.Jenil Joseph Raj's A/C No. no.019401000010757, Indian Overseas Bank, branch name, Vasco da gama and IFSC code No.10BA0000194 for job arrangement for my son. Since to-date neither he had fulfilled my request nor he had not returned my money. He neither replying to my calls or my emails. Shall I file a FIR against him. Please advice me
Regards
Rama mohan Acharya
25 July 2014 at 09:12
We had executed a contract with a contractor in the Month of May. The condition of the contarct is that the contractor is to comply all applicable law. The contrcat labour submitted that they are not paid the leave encashment amount at the closure of the contract. The contractor takes the stand that Leave encashment provision is not applicable to the workers as they had not worked for 240 days in a calender year. The contract was for one year.
The leave encashment amount was taken into account while awarding the work to the contractor. Since the contractor is not able to produce the prrof of payment along with his bill, Finance department is not releasing the Bill. Guidance is sought on : whether calculation of 240 day is also applicable in this case OR it can be calculated for the whole contract period of one year which is spread over in two calender years?
Is there any supreme court jugement guiding this type of situation is available?
amanpreet singh
25 July 2014 at 07:24
I am working with pharma company as a medical representative but company designated me as a territory business manager to keep me away from the shelter of sales promotion employee act and id act. I am performing the duties of medical representative. I am carrying promotional material, no one is reporting to me, I dont have any leave sanction authority, I dont have any right to contract with other party on behalf of management. Sir please clarify me that I am covered under sales promotion employee act or id act? If you have any official document or judgement regarding this matter, please provide the same.please its urgency.
DHRITY BORAH
24 July 2014 at 21:45
sir/madam,
I need to know my rights and required steps on the below mentioned problems of my colleague.
1. Joined PSU Bank on 20th july 2012 in assam and applied for home leave fare concession on 5th june 2013 to travel home on 20th july 2013. As he didn't get a single reply on acceptance or rejection till travel date so left for home. again applied for reimbursement on 17th march 2014 but was informed over phone on 23th july 2014 that the reimbursement is not possible since it was not approved earliar.
2.As an officer from outside north east region is eligible for both HRA and lease accommodation, an agreement is simple paper was made in bank's format on 1st sep 2013. this was adviced by higher authority and a mail of approved scanned copy of then CRM was sent for reference. But in june 2014 it was informed that it should be in stamp paper. when the same was sent, the official denied to accept a notary done agreement and asked for another new format in stamp. they even denied to pay from September 2013, i.e., when the agreement with landlord was made.
please legal experts advice us.
mohit sharma
24 July 2014 at 12:48
Dear Sir,
SBI recently issued an advertisement for recruitment of Special Management Executive
https://www.sbi.co.in/portal/documents/44978/143453/CRPD+AD_July2014+issue_Eng.pdf/4c8ca38c-cafa-480c-a9a6-e0359a2f3c4c
I belong to People with disability (PWD) - Hearing Impaired (HI) category. It is observed that SBI, in it's above recruitment, have not reserved any seats for HI candidates in PWD category. Is it not must for a PSU to have reservation for all 3 disabilities (hearing, visual, orthopaedic) if they have reservation for PWD category in their advertisement? Why the discrimination for HI candidates?
thanks in advance
anil karnad
24 July 2014 at 09:30
sir, I had resigned from my employment of 12 1/2 yrs in July 2014, a the time of final settlement the leave encashment was calculated as follows :
(Basic monthly salary / 31 days )x balance priviledge leave
But my argument is that since I was the head of construction and through out my tenure with the employer had to visit & also stay for short as well as long durations overseeing/ supervising construction of factories, industrial units , the factory act should be applied for my leave encashment which should have been as follows :
(Gross monthly salary/ 26 days ) x balance priviledge leave
The employer is in the business of designing & constructing big factories/ industrial units on lumpsum turn key basis for oil, gas, petrochemicals, fertilizers and the clients are PSU's, private investors, listed companies.the scope includes construction, precommissioning, commissioning, operation of plant until guarantee test run & so on.
The employer is contesting that , the factory act is not applicable to me because I was above manager level & so on throughout my tenure with the employer.
Can you pl guide me and also sight the relevant law, paragraph , clause, section -- which is pertinent & befits correct interpretation.
regards,
SLall
24 July 2014 at 07:48
Sir/Mam,
Recently I came across an offer which required the candidate to join them within a duration of 30 days. As per the offer letter the notice period is 90 days in my present company.
I am ready to pay salary in lieu of notice period shortfall still my supervisor is not reliving and want me to serve full 90 days notice else he will issue an absconding against me. I have read several posts on this website pertaining to similar issue and the opinion that has been suggested by experts is that employees does not stand a good chance in this case.
My offer letter states that "After the expiry of your probation period, if you decide to leave our employment, for reasons other than retirement, you are required to give us three months notice in writing. If the company decides to terminate your employment, the company will also give you three months notice in writing. Also, it states that " The company reserves the right to make payment in lieu of notice in respect of Total Fixed Pay"
Also, after reading my company policies properly there is one clause of voluntary unemployment which says that if an employee chooses not to report to office continuously for seven days than company reserves the right to accept payment of the remaining days as a full and final settlement. So is this not contradicting their stand of issuing an absconding if I do not report to office after serving 30 days of notice.
My question is as follows:
1) In India, for a contract to remain valid (not null and void) it has to be enforceable from both sides. I mean it should be equal from both sides otherwise it becomes null and void. Hence, if a company is allowed to make payment in lieu of notice than is it not allowed at the end of employees. Can we not legally challenge a company?
2) I have written several letter to the management stating that as a good HR practice they allow me to buyback 2 months notice however, I have not received any revert from them.Is it possible that company even after full and final settlement is done (accepting money for days not served, or assets held by an individual) not issue a relieving letter?
3) If my new company is ready to take me on board without having acceptance on my resignation from my present company, do I really require relieving letter of this company. Documents to prove my association with this company for future include: offer letter, last three months salary slips, increment letter, resignation mails, handover mails. In future if I switch to some other company, do I require to submit previous to company's relieving letter or any document from above such as resignation mail + salary slips or increment letter can work out?
Kindly advise.
Thanks and regards,
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Relieving letter
Hi,
Sub- Relieving letter
I was employee of Microland Ltd. I resigned from that comany and didn't serve the notice period negotiated with my manager but he didn't agree to buyout policy.
They marked me absconding in there record and not provided relieving and experience letter.
Please help.
Regards,
Pankaj Singh