Dheeraj Kaushik
17 April 2014 at 18:08
Sir, please advice me in which case under the Industrial Disput Act 1947 ' ESPOUSAL' is required and in which type of case not required
priyanka
17 April 2014 at 16:03
Dear sir,
please guide me.....
There is a issue regarding full & final settlement claim after resigning a job. I joined a company in May'13 and resigned a job in Ma'14.
In my offer letter, there was a clause for performance incentive-entitlement of performance incentive could vary based on individual performance and paid to confirmed employees only.
After that in my appointment letter, there was a clause for performance incentive-entitlement of performance incentive would depend on company as well as individual performance and will be payable to those who continue to be on rolls till 31st mar of each year and will be paid after completion of the appraisal process.
Sir, my query is that...
1) There is any remedy for me to claim performance incentive because at the time of offer letter they are not told me about the condition of PI as per appointment letter.
2)I also worked late hours, which is also not paid to me. There is any guidelines for late hours working in the labour law for harassed persons.
Please sir, help me....
P.C. Joshi
17 April 2014 at 10:25
Friends,
Is Minimum Wages Act applicable to a trading business in Delhi or the minimum wages has to be paid as per Delhi SHops & Establishment Act.
Thanks
P.C. Joshi
k r purushothama rao
16 April 2014 at 21:34
I am looking for a sr advocate who can undertake central govt service matter related dispute and residing in Bangalore I will be much obliged if some one comes forward with contact details so that i can discuss my case personally
Rajesh
16 April 2014 at 16:21
I was working with a software company and deployed in one of their client location.
I have attended interviews in both in my parent company and the client company. I was selected on 3rd Oct 2014. I have not received any mail regarding my selection or softcopy of my offer letter. I was forced to come on 4th Oct 2013 to finish the joining formalities in my parent company. But I was given the hardcopy of the offer letter and the appointment letter with 15th Oct 2013 as my joining date, since the client projects starts on that date.
I was also told by the HR that the joining date may be postponed if there is a delay from the client. But I have demanded the HR that I need my joining date to be 15th Oct 2013 and my payroll has to start by then. Since I had two more offers in hand and I had informed the same to HR, they have accepted to pay me from 15th Oct 2013. But the client project started only on 4th Nov 2013. I was recognized by the people in Client location for my work.
In Feb 2014, I got an offer in a startup company and I wanted to join there, since I thought it will help in my career growth. I have sent a resignation mail to my parent company on 10th Feb 2014 stating the same true reason. HR discussions were happened both over phone and in person. But I was firm in my decision to move out. I was first told that, it is not easy to relieve me before the project ends (Client project ends on June 2014). HR was demanding that the mandatory notice period is 60 days and if needed the company can extend it (It was in a hard tone). On my continuous requests, finally they agreed on 60 days of notice period and my last working date might be on 10th Apr 2014. But I have not received anything in written or mail.
During the mid of Mar 2014, they found a replacement and told me to give KT to that person. I was working on weekends also so that there will not be any delay in the task and project timeline (In my notice period). I have sent a mail with my client project leads in CC to my parent company also. I got some news from my colleagues that I will relieved by March end itself, since they got replacement. On 26th Mar 2014, I was enquiring about my last date to the project manager in Client location. He told that 1st Apr 2014 will be my last working day in Client location. Within 10minutes, HR from my parent company called me and told that 28th March 2014 (29th, 30th and 31st March are holidays) with be my last date and they are relieving me since they got a replacement. He asked me to come to parent company office for exiting formalities on 1st Apr 2014. Everything was over phone and nothing is in written or mail.
On 1st Apr 2014, I went to my parent company. HR gave me the forms to fill it. I already got a “NO DUES” form approved by the Client Company and submitted the same. HR told me then that I need to pay notice recovery for the 13 days, since I didn’t server my complete notice of 60days. Also the settlement will be made only on 25th Apr 2014.
I was surprised and argued with the HR saying that relieving me before the notice was the management’s decision and I will not pay any amount.
HR was stating the following during our discussion:
• I have to pay the notice recovery since I have not served the complete notice period. Management has taken the decision to relieve me only since I have resigned. He was asking why I have resigned before the project gets completed.
• Client don’t want to keep me since I have resigned. (He told that “No company will keep employee thinking that a person in notice will not work as expected. But I have worked for the client even during weekends and the client people know about my work well. I have forwarded the appreciation mails to my parent company also.)
• Also since I told them that I am going to join a new company.
• They paid me without any work when I joined. (From 15th Oct 2013 to 4th Nov 2013)
• If I don’t pay, there will be problem in relieving and for background verification for future.
• Also there will be some Audit problem and will be asked why the notice recovery is waived for the employee. They need to answer that.
I escalated to the HR Manger and she stated as follows:
• Why I have not asked the HR that why the company is relieving me before the actual date, when he called on 26th March 2013.
• It should be understood that if you didn’t serve the complete notice, you should pay the notice recovery amount.
• The replacement person is not billable to the client and the parent company is paying him when I was there (For 15days). That is a loss to the company because I have resigned.
• They are not going to force me to pay. But I won’t get my relieving letter.
After the arguments, HR told that he will talk to the finance and management and try to waive my notice recovery. He asked me to call on 10th Apr 2014 to get the update on this issue. But till today, he is telling that the management is not approving the waiver of notice recovery. I have not received my relieving letter also.
In Meanwhile, I have requested my new company and joined on 2nd Apr 2014. I have told my new company that I will be getting my relieving letter and settlement on 25th Apr 2014.
I am getting depressed because of their behavior even when I was very true and open to them. Please let me know what I need to do further.
Ashraf
16 April 2014 at 14:51
Sir
Please Provide Information
I am running Firm (registered in X & co ) and have registered with PF and ESI
Now I want to convert Firm into Pvt Ltd Company
Please prove legal requirement if possible under Act and Rules
1. Can I Change Status of Registration from Firm to Pvt Ltd co with autority. under ?
a) PF
b) ESI
2. If yes Which Forms Documents required are required under Respective Act?
3. What is effect to employees and employers.
If above entity is Sole proprietor what would be 1, 2 and 3 Ans ?
GIRISH SHARMA
15 April 2014 at 22:56
Dear Sir(s),
What is the difference between MONTHLY rated wages and DAILY rated wages ?
If a worker's monthly wages is say 8000/- and in a particular month he is present for only 20 days, then we pay him 8000 / 26 * 20.
So, is this worker, DAILY rated or MONTHLY rated ?
Seeking your valued advise.
Regards
G. Sharma
GIRISH SHARMA
15 April 2014 at 22:52
Dear Sir(s),
My query is:-
If a worker's monthly rate of wages is say 7500/- (Full basic) and he is present for full month, then no PF is applicable (as basic > 6500/-). Now, in the next month if the worker is present for say 20 days only, so his gross payable wages = 5770/-. Is PF payable on this 5770/- ?
Seeking your valuable advise,
Regards
G. Sharma
Neeraj
15 April 2014 at 21:12
Hello Experts,
As per term & conditions mention in my appointment letter. "Either of the party can terminate employment by giving 2 month advance notice"
I tendered my resignation on 1 Feb 2014 and clearly stated that i would serve the full notice period until 31 March 2014.
Employer accepted my resignation on 28th Feb 2014 and mention my relieving Date as 15-April-2014. which is 15 day after my notice period over.
Then on 18th March 2014 they sent a mail stating that we have relieved you on 28th Feb 2014 and sent another Resignation acceptance on 26th March 2014 stating that have been relived from service on 28th Feb 2014 itself.
In this way i could not be released from service of my employer until 26 March 2014 end of the day as i did not have any clear Resignation acceptance with me.
Employer is aslo not ready to pay for 26 Days of March .. saying that we have relieved you on 28th Feb 2014.
Please suggest what can be done in this regards; Can employer relieve a resource in back date and keep his salary.
Thanks in advance,
Regards
Neeraj
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Public sector undertaking
Hello,
I am working as a airline captain with a PSU for the last 14 years.
I intend to resign. My company has a mandated 6 month notice period.
in a recent judgement by mumbai high court is has been said that the service conditions of employees (including self) has changed.
Management has accepted the same by giving a staff notification with 21 days notice period with regard to change in emoluments.
My query is do i really have to give 6 month notice period?
If the answer is NO. please elaborate clearly!
Regards
Capt. S. Srinivasan