sanjeev kumar
19 May 2014 at 17:36
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
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
abhay dilip divate
19 May 2014 at 11:56
Respected Sir,
The facts of the Case is as under:
We have Road Construction Site. The accident is occurred on Site and one worker is died due to electric shock. The FIR filed under section 304A of IPC. We have claimed for workmen compensation.
My query is that
1. Is it necessary to inform Industrial Sefty and Health Office or factory Inspector?
2. Does Factory Act is applicable to road Construction Site?
3. To which authority, We have to inform?
Thanking you.
truman
19 May 2014 at 10:25
1.Can an Assistant manager of a nationalised bank be arrested by the CBI without the permission of the competent authority of the bank. If not what is the procedure to be adopted by the CBI to arrest a bank officer on mere suspicion alone.
2. what are the normal procedure to arrest an assistant manager of a Nationalised Bank by CBI in getting employer's permission.
3. Please quote the appropriate guidelines in CBI Criminal Procedure manual
ashokkumar
16 May 2014 at 21:20
Hi,
My employer accepted my resignation and relieved me on 14th April 2014, but my employer not providing Relieving letter and experience letter.
Its almost 32 days and waiting for my relieving letter. Now I got new job and they asked me to join on 20th May.
If I join in the new company without Relieving letter from previous company, whether my previous employer can act against me?
ankur jain
15 May 2014 at 09:32
Sir,
mai private limited company mai kaam 7 saal se kaam kar rha hu or ab malik mujhe nikal rha hai or vo mujhe gratuity bhi nahi de rha hai ab mujhe gratuity ke liye kya karna chahiye.
Sanjeev Hota
13 May 2014 at 18:35
My friend's business hasn't been operating since last one year as he has some legal issues to be sorted out so the office closed.He hasn't been able to pay 3 months salary to the employees as his bank accounts have been frozen. How doe he communicate to the employees his clear intent to pay when possible and does he have to inform any regulatory authority about the same?
Sanjeev Hota
13 May 2014 at 18:32
My friend's business hasn't been operating since last one year as he has some legal issues to be sorted out so the office closed.He hasn't been able to pay 3 months salary to the employees as his bank accounts have been frozen. How dose he communicate to the employees his clear intent to pay when the bank accounts have been unfrozen and does he have to inform any regulatory authority about the same?
sankar
13 May 2014 at 15:17
Hi sir,
I am sankar . Currently working in chennai as a software quality assurance engineer. Yesterday(12.05.2014) i resigned my job .They said you need to complete your existing project commitments and then serve 2 months of notice period but i asked them to provide the HR policy document ,accidentally the terminate my services took my all the documents and push out me out of office.
Please help me to get the legal letter(relieving letter,experience certificate,pf close) from this organization and Background check.
Thanks.
Regards
Sankar.
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