Rizwan Pathan
27 March 2014 at 15:39
Dear Sirs,
Recently our company has changed its policy and in this policy notice period for employee remain 3 month.I would like to clear that our is a Manufacturing organization.
Now in this context are we violating industrial dispute or model standing order as in both notice period remains 1 month only.
Whether its a legal or illegal,
Please share your views.
Thanks & regards,
Rizwan Pathan
priya
27 March 2014 at 15:16
Hi,
I got an offer from XYZ Software company Bangalore.I resigned my previous organization and recently joined this company.Now i want to clear one thing here that i worked in this company 4 years back for 3 months only.At that time what happened with me,i would like to mention here.
Because of some Personal Reason i have to take 1 Month leave.but they have approved only 15 days leave.when i completed my 15 days i communicated them through mail that i will come come after 10 days as my work has not been finished yet.then i came back after 10 days to resume my services.
Once i meet to Hr they were very furious and told me that none of the manager interested to take me back in their project and asked me to leave the Job.I asked them you tell me what i need to do. They told me give the resignation on blank paper.I have given then i asked for relieving letter and service certificate with Hr .he told me to pay 2 month notice period amount.then i said ok i don't have money right now,if i will have i will contact you for same.Then i haven't contact them and not asked for the relieving letter again and decided not to show the experience of this company in My resume.I finally move to another ABC-Bangalore based MNC Company and i was there up-to 2014.now i am again in search of another job and i got the call from My XYZ Company ("that i have joined before 4 years back and left without relieving letter"). i cleared all rounds of interview and technical recruiter was very pleased to see my response and on the same date they offered me they have send a soft copy of the offer letter and because i was very much interested to take it further, i accepted the offer and joined the company on 24th march 2014.in the 2nd day of induction i discuss with HR that i have rejoined this company and i have also mentioned the matter in front of him and i clearly mentioned this also that i haven't taken the reliving letter from this company due to some personal reason.I asked him,is there any problem with my employment in Present.He asked me to wait till tomorrow he will put the matter in front of Sr.HR.once i move to office next day 26-03-2014.He met me and told that you should have discuss with recruiter that you have been already worked in this company and why you didn't take the reliving letter also.i told that i have not done any misconduct that's why i didn't tell to your recruiter and it is a fault from your side that before releasing my offer letter you haven't searched in your database.he was saying that we are not maintaining the database more than 90 days and also told me that my name is appeared as absconding employee on files .finally he told to me to give the resignation on blank paper stating that i haven't discuss regarding rejoining at the time of recruitment so i am giving the resignation from my services.I have done that and came to my home.right now i am confused that---
a)i have to ask two month salary with the employer along with joining Bonus amount or not that they have mentioned on offer letter(that i have already signed).
b)Can i take any legal action against the employer.
c)if i am taking any legal action against Employer what will happen.
Kindly advice me what to do? reply me ASAP
sudhindra
27 March 2014 at 15:09
dear experts
one of my friend running petrol bunk. he registered his bunk under Karnataka shop establishment act. but he was forgotten to submit annual return form U in time. Now the inspector asking for a penalty. what can he do? How much penalty may payable? please help
TARUN ADHIKARI
27 March 2014 at 07:35
I've been illegally terminated by MNC company without show cause, domestic enquiry etc. Even they called me in HO without any information & on false allegation pressurized me to resign but I didn't so they terminate me. I'm working as Manager & My Salary is 12Lakh PA.
Please suggest me How can I legally challenge the matter in Court.
Regards
Tarun
amit kumar thakur
26 March 2014 at 21:53
Sir with due respect. Expecting the experts comments in the subject mentioned below _ sir I am central govt civilian employee since 2011. I was applied for the open competetive examinations conducted by staff selection commission of india combined graduate level exam 2012. And intimation of the aforesaid examination has been given to my employer. After selection my office is refusing to my resignation on technical ground saying that I was only intimated about the examination permission was not obtained by me from the employer. No corrospondence was made to commission by the employer to with hold my candidature. Sir now my point is that as the commission was not intimated within the 30 days from the closing date of application it is presumed that permission has been granted. But the same has been refused by my employer. Sir plz give ur valuable comments to resolve this issue. Thanking u all sirsir.
Member (Account Deleted)
26 March 2014 at 19:15
I am a cashier in a pvt ltd company. In company cash due to manager's fault money in one vochur didnot match with vochur send to head office and cash imbalance of 20 lakh is found . what can i do can i take some legal action or get anticipatory bail first.
please help
JAYANTA KUMAR DAS
26 March 2014 at 15:16
Respected Sir / Madam,
Few questions that can be asked to get valuable opinion of expert advocates :
(i) The appointment in pure State Govt. service, lecturers on contractual basis maintaining proper recruitment rules and process and through proper selection procedure (i.e. through advertisements in leading newspapers, at least one each in English, one in regional language clearly mentioning the essential qualification and experience required and selection of candidates through selection committee of expert members ). Is it in violation of Article 14 & 16 of “Constitution of India” and will it be treated as illegal entry or backdoor entry to any State Govt. service ?
(ii) According to Judgment of Uma Devi Case (Supra) on 10.04.2006, Department of Technical Education and Training (Polytechnic), Govt. of West Bengal is not in a position to regularize the service of lecturers appointed on contract basis appointed through above said selection procedure. Whereas Odisha Govt., Himachal Pradesh Govt. and many others have regularized the services of contractual appointees after 10.4.2006. So my query is : whether decision of those State Govts. are correct or justified or not based on judgment of Uma Devi (Supra) case on 10.04.2006 ?
(iii) Any genuine meritorious qualified SC/ST/OBC candidates who have accepted the appointment in State Govt. service on contract basis on six months terms with artificial breaks of 2/3/4 days and provided his/her total service for more than 10 years and are still continuing and there were no other alternative procedure of regular appointment conducted by the State Govt. and the candidates have crossed the age limit as per recruitment rules, then whether she/he have any right to demand for regularization of his/her service and to count the whole contractual service period in his/her service career in the power of Article 16(4), 45, 335 of “Constitutions of India” ?
Thanking you,
Yours faithfully,
Jayanta Kumar Das.
Reetu Dwivedi
26 March 2014 at 12:14
Dear Experts, We want to increase the notice period for the termination of the employment of our employees who are joining us from April 1, but we do not want to increase it for the employees who have joined us before April 1. Is it legally correct?
Can you please let me know the name of the act from which I can take reference.
surjit singh
26 March 2014 at 08:07
My query are two
(i) A DPC has been constituted and in which two persons are promoted. The order contain names of both the persons, my name is at serial no.2. Whether it will mean that I have been made junior to the person whose name is at Sl. No. 2. The order promotion both the person does not disclose any thing about their seniority. Whether I should file an application to the authority for declaration of seniority between both of us.
(2) By the same DPC proceeding two other person has been promoted for another post, one of them comes under SC. The name name of person who comes under SC is shown at Serial No.2. Whether he is also junior to the person shown at Sl No.1.
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