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sumanendra nath   21 May 2014 at 19:41

Bocw act

mY COMPANY IS REGISTERED UNDER THE SAID ACT. HOWEVER THE TENTATIVE TIME OF COMPLETION GIVEN IN REGISTRAION HAS PASSED AND WORK NOT FINISHED.WILL HAVE TO REGISTER AFRESH OR SIMPLY INFORMATION TO REGISTERING AUTHORITY WILL COUNT?


S.NATH

Namrata Pathak   21 May 2014 at 13:31

Sec 17b

Does the employer has any liability to continue to pay amount under Sec 17B, if the workman has been in judicial custody for criminal case for a period of 2 years?

Sowmya   20 May 2014 at 20:53

Pf amount settlement

Dear Sirs,

My uncle-60 years of age has retired from his job a year back. His name, DOB in the records of the office which are submitted to the PF office and id card are different. The signature spelling is different. We have written to as well as visited the HR team of his office to get this issue settled, and also re-submitted the claim form to the PF Office many times, they are rejecting the application submitted. Kindly let us know what must be done to get his PF amount.

Thanking you

subramanian.r   20 May 2014 at 20:48

Settlement of retirement(terminal) benefit

If the Organisation is not having sound financial position is it obligatory to settle the retirement benefit to its ex employee immediately on retirement? If more than 100 ex-employees what is the right of 101th employee who retired now only.

PRADEEP SHARMA   20 May 2014 at 16:29

Change date of joinng

Dear Sir,


I Joined the company since 24th Nov 2009. But after 2.5 year company change my date of joining 1st April 2012. And I ask the HR Team, he said that earlier you were off roll but now your are on roll so changed you date of joining. Therefore my gratuity will not pay. but my EPF No are same since 24th Nov.'2009.

is this posible that company can change date of joining without any interval.

Prashant Malik   20 May 2014 at 14:53

Not service 3 months notice period in a pvt. ltd company

Hi All,

I am in a situation where in I have an offer letter from a company who wants me to join in 40 days and the company where I am working has a 3 months notice period.

There is a clause in my appointment letter and seperation policy that if an employee does not serve the 90 days notice period, he/she will be asked to furnish the salary for the period. There is another point mentioned in the appointment letter that any reduction in notice period is employer's discretion.

My only point is that If I don't join my new employer, I will have to forego the offer as they can't wait for 90 days. They are even willing to bear the cost and will buy out notice period amount. I have communicated the same to my old employee, however they say that we can't release you early.

As per my understanding they can't decide my future carrer prospects and cannot hold me back on their will. I understand that there is a policy in place which has both options either pay the notice period amount or serve the whole 90 days.

I just want to hear some expert comments on this situation.

Regards

pushpakrishna   20 May 2014 at 12:44

Rti act

Dear Experts,
Whether a society registered under the co-operative act comes under the RTI act. a person appointed as a liquidator and later he retired and another person appointed in his place as a liquidator. now the previous liquidator asking the present liquidator regarding the present expenditure of the society under the RTI Act? is it genuine to ask him.is it bounden duty of the present liquidator to give details of the expenditure? is it comes under the RTI act? this belongs to A.P. State. kindly advice in this regard. thanks in advance.

sree 9491505984   20 May 2014 at 11:50

Is there any difference between workmen and exectives

Hi Experts,
Is there any difference between workmen and employees (Executives) in labour laws ? If any executive or company wants to proceed against each other under what act they can do? Please answer...

sanjeev kumar   19 May 2014 at 17:36

Removal after suspension

D/Law Experts,
I was under deemed suspension wef 01-04-2013.Now 15 days back,has been removed from service.I have come to know that reinstatement is must before imposing the penality of removal.Is there procedural mistake by my employer? Plz clarify.

Parul   19 May 2014 at 17:21

Please help ! my company forcing me to serve full notice period !

Dear All,

I am currently employed with a Bangalore based third party organization, working on client side (MNC) in Greater Noida.
I am working in IT operations as an Application Support Executive and I am the only girl in my whole team. The work environment is not so good here and few senior team members behaves very rudely with me.
So, I decided to move on from here and luckily I have been selected in some other organization.

The issue now is that my official notice period is 2 months but the new organization has given my joining date of 1 month.
So, I have given resignation in my current company for 1 month and I am ready to buy out/pay for rest of 1 month.

Below is the snippet of section of "Services and Termination" in my offer letter:
"YOUR SERVICES CAN BE TERMINATED BY EITHER PARTY BY GIVING TO THE OTHER, A NOTICE OF TWO MONTHS IN WRITING. THE COMPANY HOWEVER, RESERVES ITS RIGHT TO TERMINATE YOUR EMPLOYMENT BY GIVING YOU SALARY OF TWOM MONTHS IN LIEU OF NOTICE. THE COMPANY RESERVES ITS RECOVER AN AMOUNT EQUIVALENT TO TWO MONTH'S SALARY ON PRO-RATA BASIS IF YOU FAIL TO GIVE TO THE COMPANY, ADEQUATE NOTICE OF YOUR ATTENTION TO TERMINATE YOUR EMPLOYMENT."

But the HR is refusing to relieve me in one month, as they need a resignation acceptance mail from my client side reporting manager, and their reply on my resignation mail is as follows:
"As discussed, we cannot relieve you on short Notice.
Your have been appointed and placed at an important position at the Client’s Project end, which needs proper Notice for Knowledge transfer.
Also, Notice Period Buyout acceptance is completely dependent on Employer’s discretion.
These things get considered by Employer only in few extreme situations and after due diligence of Floor Operations only.".

QUESTION: Is it really the case that I cannot leave my current organization before my notice period even if I am ready to pay for 1 month ?

Please advise me how to proceed as I need the relieving letter from current company.

Regards
Parul Gupta