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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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subhash chandra   30 March 2014 at 18:12

Non compliance of dopt office memorandum

Sir
I have requested for posting at Jaipur
accordingly DOPT O.M. but my department has refused to implement it. Application & O.M.
attached.

jay   30 March 2014 at 11:54

Fees for renewal labour licence

Respected Sir.


I am jay Bhogaita from Jamnagar. I am Law Student and running my Consultancy for Labour Law.

I want to know how much fees for renewal a Labour Licence for a company manpower is 300.
which documents to submit and where.

testa   29 March 2014 at 19:38

Received a legal notice from the employer

I quit the job for the harassment and bullying in the company.informed major things to management, they asked to continue and assured the problem won't repeat i was not ready since i felt not safe continuing.As few things happened in front of TL and i didn't get any permanent solution for the same.i was not even allowed to continue my work my system was controlled by some one and my work was not getting saved.Few files where locked in server, informed tl And showed it to some senior no help received from any one.i decided to leave the job and next day sent a resignation mail to hr briefing the things happened.and procedure to be followed to get relived.

I got a call from TL Saying his job is under Problem because of me.i went back to office and explained to to them they gave Knowledge Transfer Option and they said they will decide and tell me what exactly it is.As i had worked only for 2 months and there was no training given to me.i accepted for kt Since it won't take much time.

Next Day i was expecting a mail from them instead got call from the TL blaming for not going to office.as we are not allowed to access person email and my official email was only foe internal purpose.i was expecting a reply.As i didn't get any reply i replied them asking about our discussion.they replied as if they don't know anything and i have to give 3 months notice or 6 months salary as per indemnity bond.i was still under probation period.It was for 3 months i had completed only two months.As i left the job because of the problems i faced i was not ready to pay them 1,50,000 Rs and was not even feeling safe to go back to the office.
I replied them its difficult to work for any one with that kind of work environment.h\He started blaming me that their are lot of girls working in his company no one had any problem till now.I had no words to say.

Now after one and half month i have received a notice saying i have to pay 1,50,000 and 5000 for notice.and i Should apologize for speaking about work culture.

Plz guide me How i can proceed... consulted a lawyer he is asking for 15,000 for replying for the notice. Financially i am not in a position to pay so much of amount as i am unemployed now.

Raziya Jakate   29 March 2014 at 17:20

Pf deduction

Greetings to all seniors!

PF deduction I have seen so far is 12% from both employer and employee. I have come across a CTC structure where PF deducted for all employees is same. The amount that is being deducted is not even 12%. Its a fixed amount for all employees right from a an entry level employee till the highest designated employee. Does it comply with the PF regulations. Kindly explain.

ASHISH KUMAR AWASTHI   29 March 2014 at 12:55

Lien rules

सभी सम्मानित सदस्यों को नमस्कार !! मेरी नियुक्ति वाणिज्य कर विभाग ,उत्तर प्रदेश के अधीन 24.05.2003 को कनिष्ठ लिपिक के पद पर हुयी थी। 16.10.2006 को मेरा विभाग में स्थायीकरण हुआ। प्रोन्नति के बाद वरिष्ठ सहायक के पद पर रहते हुए मेरा चयन बिहार सरकार के अधीन जिला नियोजन पदाधिकारी के पद पर हो गया। चूँकि मैं इस परीक्षा के सभी स्तरों पर अपने पूर्व विभाग से अनुमति लेकर शामिल हुआ था , अतः वाणिज्य कर विभाग ,उत्तर प्रदेश ने मुझे बिहार सरकार के अधीन जिला नियोजन पदाधिकारी पद के लिए कार्यमुक्त आदेश से मुक्त किया और वरिष्ठ सहायक के पद पर मेरा लिएन बना रहने का ज़िक्र भी कार्यमुक्त आदेश में किया था। माह दिसंबर 13 में ज्वाइन करने के बाद भी बिहार सरकार का कहना है कि नयी पेंशन नीति के तहत PRAN नंबर आने के बाद ही वेतन दिया जायेगा। जबकि 2003 से ही मेरा जी० पी ० एफ ० , यू० पी ० सरकार में आहरित हो रहा था। लिएन पीरियड में मेरा जी० पी ० एफ ० कहाँ जमा होगा ?? क्या लिएन पीरियड में भी बिना PRAN लिए मेरा वेतन नहीं निकल पायेगा ?? कृपया सुझाव देने का कष्ट करें। धन्यवाद !!

K K S V SOMESWAR   29 March 2014 at 10:05

Compulsory retirement

The company has given Compulsory Retirement (CRS)to an employee on the grounds of a criminal offence which is under trial. In the domestic enquiry just basing on panchanama the company in two sittings punished the employee with CRS. The compnay informed that just basing on hearsay evidence the domestic proceedings can be concluded that the employee did criminal offence. Is it correct ? because there is no evidence in the criminal offence and the employee was implicated by some group. Company informed that appeal can be made within 45 days of receipt of letter. The query is
1. When can the set aside petition be filed ? (now ? or after appeal and company's reply ?)
2. Can the employee accepts the CRS benefits and pension now ? If accepted the CRS benefits, will it be a disqualification for filing set aside petition ?
Request you to clarify in detail. thanks & regards.

Ajay Kochar   28 March 2014 at 16:37

Deduction in salry without information

Respected Sir,

As I m working with a company as Asst.General Manager accounts. at the time of appointment directors committed a 5 lac CTC along with 20 days CL but in actual they are not given the things in writing. They forwarded my appointment letter through email. I joined in March,13 they allotted my salary in two sister concerns. Rs.20 k from one company and Rs.20k from other. From July suddenly they reduce salary in once company by 50% without information. I discussed the same as they given reason verbally that u cant given time to one company (from were sa;ary is deducted)compare to other sister concern we deducted the same and we adjust in other company as you do more work there but till today my salary due is nearly 1 lac and 20 CL also they are not given.They shown my salary in some months Rs.10K and Rs.20 K in some months. No PF ESIC only PT is deducted. As I now demanded my outstanding salary they refused to pay the same even I sent several mail regarding discussion at the time of interview and payment of outstanding salary but they never revert to my mails. What Can I do I have monthly salary sheets with me. Attendance sheet with me along with printouts of EMails of appointment letter and other communication with the directors. PLS SUGGEST ME WHAT CAN I DO TO RECOVER THE OUTSTANDING SALARY.

Reshma   28 March 2014 at 14:22

Esi limit

Want to know if the ESI limit has been enhanced to Rs 25000 and notified???

Reshma   28 March 2014 at 13:54

Retirement age in pvt co

Hi,

Can pvt companies fix retirement age as it likes? is there any guidelines or SC judgements in this regards. Are there any guidelines regarding extension of retirement age, transparent policies to be followed etc. Kindly advice

Reshma   28 March 2014 at 12:53

Ie(so) & sevice rules

Hi,
1. Want to if the Industrial employment Standing Orders have been made compulsory to software/pvt co/commercial establishments in Karnataka. In 2012/13, there was proposal to remove exemption granted since 1999? Please clarify.

2. Some pvt companies/software companies have Service Rules. What is the legal sanctity of this. Is it the same as IE(SO). Should they be certified. If the company just has Service Rules and makes employees sign them, what is the legal effect of that. Appreciate if you can clarify these two questions in detail.