Navin Pandya
15 December 2013 at 17:29
Namaste!
I am struggling for justice against my most unjust dismissal from Mahindra & Mahindra Ltd.
After SEBI's introduction of Listing agreement Clause 55, the Company agreed to resolve my grievances by paying compensation but the company doesn't want to do in transparent manner, ie, give proposal in writing. The company wanted to spread it over years, whereas I requested in lump sum in view of my being almost a senior citizen.
Now, there is status quo and the company does not respond further. I have only three emails as proof of company's agreement and then suspending discussion. There is not yet any further progress.
Can I file Writ Petition against the company? Kindly advise.
Best regards
Navin Pandya
hari
14 December 2013 at 15:42
Dear Sir,
I have joined in Xyz Company where they were not issued any appointment letter for one month. Because of my personal reasons I submitted my resignation before getting the appointment letter. Then HR asked me serve 2 months notice period which is not mentioned in any paper and not disclosed properly. When I asked HR the same they said that all these rules will be mentioned in appointment letter but you are resigning before getting that letter and all these rules will apply from joining day automatically even though you are not signed any paper . From my resignation date I stopped going to office and I mention it in resignation mail as well.
But the company ID is left with me so after 15 days I send them a mail asking them that if there is any exit formalities left from side. They replied like they will get back.
After some time I joined another job where I did not show Xyz experience. After 3 months of resignation of Xyz again I got mail form them .
Total 60 days notice period shortfall due is [2 months Gross salary]
Below are my questions
is it Absenteeism from work?
Am I needed to pay that amount?
if no what I can respond ?
if yes how much I can accept to pay and what are clearances I have to demand from them ?
what about the other components like welcome kit unused, insurance ?
Could you please advise me how to proceed?
NANI
14 December 2013 at 14:39
X' an employee goes to attend to his work riding on a bicycle and is involved in an accident in the course of journey . Is the employer liable to pay compenstation?
Manish Jha
14 December 2013 at 04:04
Dear Sir/madam,
I have been working with a small registered company where after dedicated and good work also due to cost cutting and internal politics they terminated me on the name of under performance.
In appointment letter sent by mail they had notice period of 2 months
whose content are like that:
You will be on a probation of 3 month. As per company policy, notice period is 2 Months.
1. At Will Employment. This is not an employment contract. Employee understands that
his/her employment with company is and will always be “at will” and nothing set forth in
this Agreement or otherwise shall prevent or limit Employee’s right to terminate his/her
employment at any time with or without notice, and company may terminate Employee’s
employment at any time and for any reason without notice.
Kindly tell me I have the right to claim legally to the company to get 2 Months notice period salary.
Here, I want to mention that after 10 months they told to sign another letter where notice period they made as 1 month. Is it legal to change notice period after 10 months of employment.
Kindly suggest.
--Manish
Bangalore
Kahnu Charan Senapati
12 December 2013 at 13:46
Dear Sir,
I would like to ask a question regarding the dispute surrounding provision of allowance like DA and HRA admitted at the time of retrenchment after re-engagement.
That, l was working as a contractual employee in an establishment and at the time of retrenchment I was drawing salary in the pay scale with DA, HRA and Medicine allowance combined altogether in the form of consolidated pay. The retrenchment was all of a sudden without any notice. The contract had expired three months before at the time of retrenchment.
I was reemployed again but paid less than I was getting before. This time not in pay scale nor any other allowance that was being paid at the time of retrenchment - just a lump sum amount. I worked for a couple of months without any contract. Later, a contract was signed between me and my employer predated with a higher lump sum pay but without any other allowances as was paid before. I was also not paid arrear dues for the back period after re-engagement while signing the predated contract.
Now, I have quit the job and claimed gratuity. But claimed DA, as was provided before, to be included while calculating gratuity.
Am I eligible to receive the DA at the same rate after reemployment as I was having before retrenchment? What are the acts and rules to refer to claim DA while calculating gratuity.
Any help will be highly solicited.
Thanks.
Kanhu
PBS KUMAR
12 December 2013 at 12:54
Dear Experts,
What are other deduction can HR department has to impose against SALARIES a part from statutory deductions like PF/ESI/PROF.TAX/TDS etc. My quarry is; late attendance, misbehavior etc.directly deducted from Salary of workmen ?
Regards,
PBS KUMAR
subramaniam
12 December 2013 at 09:32
A is a government employee, died during service.
He has 2 wife, A contract entered into between the first and second wife's sons, Viz.
S1 issue a No-objection certificate to S2,
S2 agree to provide all the retirement benefits to S1. After obtaining job S1 refuse to provide retirement benefits of the deceased to S2, and also received his share from government.
If any possible to file a money suit against S2 for recovery of money.
The said contract is Valid one or vitiated by section 23, 24, 25 of Contract Act
Please advice Thanks..
Ann
12 December 2013 at 01:51
Please give your opinion that what all in these are harassments?
1. Asking to come of office to work when the person is not well
2. Approving leaves of everyone but not for a particular person only
3. Complaining for only 1 special person for changing his/her technology but this same complaint is not made for others.
I am sorry but I not understood the reply. This is not acedmic query but real life situation currently. The manager wants to harass and doing these things which are not correct atleast not ethical. want to know if they are illegal also or not.
Changing job is easy solution of hard problem. In this case, the particular person wins and continue to do it with others. Others is not my problem and I can leave and become happy but what about others. and there is no guarantee that a person can not be unlucky 2 times.
These 3 are just small tip of iceberg but I thought they are quite wrong legally atleast for human rights. Does they dont violate nay of fundamental rights guarnteed by constitution? If you confirm law is hopeles then yes, changing job is only way.
Ann
12 December 2013 at 01:47
one of my company person sent me mail that we are investigating HRA proofs and asked all the documents to be submitted.
Later they took those documents to my house owner and asked him to verify the details and do a counter sign for verification.
My house owner got angry on me that why my company is doing all this and asked me to vacate house.
I want to know if it is legally allowed for a company to go to house owner who is third party and not connected to them.
A Company pays HRA as part of salary and not as claim.
The HRA verification is of income tax excemption claimed. It is Income tax dept job to verify the rent and not a company. atleast a general public think this way.
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Transfer to my native place
Dear Sir
I am working in a govt bank,basically from Uttar pradesh,but posted in a city of andhra pradesh.I am at the same place for more than 4 years,as per bank HR policy after 3 years we can make a request transfer.There was a marital discord between my wife and me and also my parents due to old age are ill and need attention.I requested to my supervisors for my transfer to my native,after repeated request and application they are not giving any attention to my problem.Due to all this I am in tense situation and its effecting my health.
My question is whether the clause in the appointment letter'Bank reserve the right to post the employee anywhere in india' is not a protective shield for the employer to exploit the employee.Sir I request you all to kindly let me know is there any legal way to sort the problem
Thanks
S K