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Manish Kumar   08 May 2014 at 23:02

On bonded labour

Dear Sir

These are some points that is written on my Offer letter -

1. Probation period
You ll be on probation for a period of six months from 28th January 2013 to 27th July 2013. The company reserves the right to extend ot terminate your services by giving 15 days notice or in lieu of 15 days salary without any reason thereof.

2. Guarantee period
You need to give guarantee to the company that you will stay for atleast one year. At the time of joining, You need to give the original certificates to the company. We will be returning the original certificates to you after completing one year. there will be only one month notice period after the completion of one year.

3. Notice period
This contract of employment is terminable by either party giving one month notice. Either party is not bound to give any reason thereof. The company reserves the right to pay or recover basic salary in lieu of notice period. Further, the company may at its discretion relieve you from such date as it may deem fit even before the expiry of notice period without compensating for the unexpired period and is not bound to give any reason thereof.

Please go through the above points and suggest me what to do.

Below are the details that has happened with him: -


Today Company HR called me and was saying that Management has taken final decision and they are ready to give me my experience letter only if I am paying back money from August 2013 to January 2014.

Please tell me where was my fault.

1. I joined a company based in Bangalore on 28th January 2013 with a salary of 12000 per month.
2. Company took all my original certificates of 10th, 12t and Btech and didn't gave me any proof, they gave me offer letter after 4 months of joining.
3. On 1st of July 2013 I gave my resignation letter.
4. From 1st of July 2013 onwards I was following both manager and Company HR on whether my resignation will get accepted or not but there was not at all any response from management side.
5. On 31st July 2013 evening when I said that I am going to take my resignation back then Company HR told me no don't do that tomorrow management will give some decision.
6. on 31st July 2013 evening my company email-id was blocked so that I cannot take my resignation back.
7. On 1st August 2013 morning when I reached office I was informed by Company HR that I don't have to come office from 1st August 2013 and I will not get any salary of last 45 days i.e 16000 rs. and also I will not get any relieving or experience letter.
8. When I said I want to continue in work they said no that is not possible now.
9. I was not allowed to speak with any of the higher management persons.
10. On October month my all original certificates was sent to my hometown.
11. I am following on email from many days to get my experience letter.
12. Company HR is saying not to write any email to higher managment.

Now please tell on which point I went wrong ?
If management has accepted my resignation then why I am not getting any letters and they are asking me for money ?


Regards,

Manish Kumar

Nitin Malhotra   08 May 2014 at 22:08

Legal action against movers and packers

Hello Experts.

I need help with your expert opinion about an issue with my movers and packers. I had booked my car for transport from a mover and packer in Pune. The car was supposed to be shipped from Pune to Mohali. The car was picked up from the origin (Pune) on 27th April, 2014 and I was told it will reach Mohali in 7-8 days. After following up with mover’s guy, the car finally reached after 10 days on 7th May, 2014. The delay is not the problem.

It appears the car was driven from Pune to Mohali rather than being sent in the container. The meter reading at origin was 3500 KM and at the destination it is 6500 KM so it has been driven 3000 KM in 10 days. The car has stains on the back seat and the radio antenna has been broken. We were called by a police guy in Mohali to pick the car. He says he is the uncle of the person who drove the car from Pune to Mohali and since driver went out with the family, he had asked this police guy to handover the car to us.

Now I am worried if my vehicle was used for any illegal purposes during the move. I mean the damages aside; I do not want to get into any legal troubles in future because of this car being used for any illegal activities during the move.
Could you please help me and let me know what can I do to be on safer side for any future legal troubles? Shall I send a legal notice to the mover or file a police FIR? I am not sure. Please help.

Thanks for your help in advance.

Navneet sharma   08 May 2014 at 21:23

Full and final settlement

Dear sir/ Madam,

As i am joined a limited company on 8/12/2012, as a site engineer for the project in Himachal,at the time of appointment company give me appointment letter in which i am in probation period for 6 months, as i have completed my six month successfully, and asked HR department for confirmation several times, Hr says if company issued not any confirmation letter or any type of letter to extend provision period it means that i am confirmed.But after 15 months when i request to pay my Bonus as per appoint letter they refuse to pay it and says it will paid financial yearly, Company also stop my sallery for the months of sep and oct 2013. They paid my salleries in parts.

On the month of december2013 I have taken EL for five days approved from project engineer my reporting officer as per company rule, But HR cut my salery for the same saying that you are not confirmed, after 5 days my father have hear attak again i take my EL for the same with approval by my Reporting officer this time also company also cut my salery.

On the month of Feb 2014 company again stop my payment,when i argue with him, MD of the company Terminate me from the service.

As per Companey rule I cleared all dues on me at site and gived aknolegment to HR on 9/4/2014 snd request for full and final settlement.

After so many request, today i got the mail of full and final sttlement, in which

1. No Pending 10000 rupee is included which was Hold by the compny from december.
2.No one month compansate salry was includes as company terminated me with out any notice period,
3. No EL are calculated which i earned in 16 months of service.

Kindly suggest what to do.

Also suggest what is law for confirmation in the company, also suggest as this is the limited company but they are not giving me the facility of PF and insurence, My salary is only 17500.

Thanks

Navneet

Member (Account Deleted)   08 May 2014 at 10:14

Eligible for wages during sick leave?

Good Morning,

This is Neeharika,I am working for a Private Limited company.

Recently i have come across a question, One of our employee who is engaged in our factory has met with an accident. This accident is not at all related to his work and he met with an accident during a holiday. This employee is registered under ESI. Presently he is getting a compensation from ESI and he availed his sick leave.

Now my query is, Since he is getting a compensation ESI is company also need to pay wages to him during his leave? or there is no need for the company to pay any amount of wages since the employee/labour is getting insured amount as compensation from ESi?

Still we are paying the wages to the concerned labour, but we would like to know whether there is any provision in the Act where the company is not under obliugation to pay wages during the leave since he is getting insured amount as compensation from ESI?

Pl do let me know.

Thanks
Neeharika

Ravikanti Yugandhar   07 May 2014 at 12:12

Id act

What are the special privileges that can be enjoyed by a protected workman (Office bearer of recognised employees union). Please enlighten me.

saroj sharma   06 May 2014 at 18:56

Leaves for exam not granted

Dear sir
I am not grant a paid leave for my MA even I am a permanent employee of RYAN INTERNATIONAL SCHOOL,Sector-25,Rohini.I have been working for 8 yrs yet I am not given the privilage ....please guide,
Regards
Saroj

rishi   06 May 2014 at 15:25

Forging the exp and salary certificate


what is maximum punishment if in case anyone is caught for forging the experience certificate and salary for getting the new job or what is indian law regarding that.

shailesh pandey   06 May 2014 at 10:30

Gratuity

Dear Sirs,
Five years is must for gratuity. For Instance a worker is completed 6 years but only three years he could complete 240 days,remaining two years he did not complete 240 days. whether he is eligible for gratuity ?. kindly advice.For your information a worker has confirmed. He completed 6 years but due to his father expired & after on more family member died he could't complete 240 days in both years.i.e. only 4 years he completed 240 days. whether he is eligible for Gratuity or not.
regards
shailesh

Kumar......   05 May 2014 at 01:24

Harassment at work place

I work for an IT firm. everyday my manager harasses, humiliates,taunts and talks bad about me in the office. often her language is very hurting and provoking. if i approach her seniors/boss they say talk to your manager only, we can't help you. can i teach these people a lesson about human rights, manners ? how can i file a legal case against this company ? any law to protect me from this constant harassment, humiliation, taunts ? this company is registered under shops and establishments act

RJ   03 May 2014 at 20:32

Relieving\experiance letter

Hi

My company is not issuing me relieving/experience letter they are asking me to submit my original passport for checking purpose they want to check all visa/ICT/WP status because they do not keep employee records though my work permit is already expired in January.
I have served full two months notice period and my manager has also relieved me in my exit form and all the clearance is done except Travel & HR department, Proper handover is also done i have all these proofs.

When i was onsite i have applied my own permit and once got it came back here to resign from this company.

Kindly advise...

Thanks & Regards,