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.
Rohini
11 December 2013 at 20:53
Hi,
I had joined a company as Training Manager which runs managed hotels in May 2013 at Trivandrum, after relocating from Pune. After about 4 months, when I had just taken up a house on rent in the city, I was given two options - either to resign or transfer to another property at a remote location, Kodaikanal.
I did not have any previous written or verbal complaints, and I was doing a good job as per my Managers.
All of a sudden, was transferred to Kodaikanal.
After moving to Kodaikanal, 15 days later was asked to resign on the pretext that I was not doing a good job.
This was in total contradiction to the earlier four months spent at the same organisation.
Also, did not receive any transfer benefits nor was reimbursed the complete money that I spent on relocating.
Eventually I came to know that I was victim of a political game of the Corporate General Manager, both at Trivandrum & Kodaikanal.
He even went up to the extent of threatening me by mentioning "I gave you a chance at Kodaikanal, after you messed up at Trivandrum". I have proof by the General Manager of the Unit that there was no mess, and it was just words by the said Corporate General Manager
Must add, that the Corporate General Manager is now terminated from the company.
However, is it possible to file a case against him, possibly mental harrassment?
Please advise
Best Regards,
RH
Ashok Kumar Adhikary
10 December 2013 at 17:33
NAMASTE ADVOCATES!
I HAVE BEEN TRANSFERRED TO A FAR OFF PLACE ON MY PROMOTION AS MANAGER IN CANARA BANK.
I HAVE SUBMITTED LOCO MOTOR DISABILITY (55%)CERTIFICATE TO THE BANK IN 2006,ISSUED BY COMPETENT MEDICAL BOARD.
AS PER THE ACT FOR PERSONS WITH DISABILITY (PWD)-1995, THERE ARE SOME PROVISIONS OF PROTECTION ON TRANSFER.
I DON'T KNOW THE ACT, BUT I HAVE GOT THE ORDERS OF THE FINANCE MINISTRY REGARDING THE RELIEF AND PROTECTION PROVIDED TO PWD.
I HAVE APPEALED TO PWD COMMISSION AND HE ADVISED THE BANK TO CONSIDER MY TRANFER FOR BHUBANESWAR. BUT, BANK IS NOT CONSIDERING MY TRANSFER BACK TO BHUBANESWAR FROM GUWAHATI.
NOW, I AM ON LEAVE AS MY MOTHER IS SICK AND I FIND VERY DIFFICULT TO STAY WITHOUT MY FAMILY AS I DEPEND ON THEM FOR MY DAY TO DAY NEED.
CAN YOU PLEASE SUGGEST THE BEST OPTION FOR ME TO GET TRANSFER BACK TO BHUBANESWAR UNDER COURT OF LAW ?
PLEASE FIND THE ATTACHMENT AND SEND BACK PWD ACT 1995. I HAVE GOT THE BILL FOR AMENDMENT OF THE ACT 2012. MY MAIL ID adhikaryak001@gmail.com
Regards
Ashok
jagadish paranjape
10 December 2013 at 14:16
A union is registered in Pune Maharashtra. The constitution provides for function in Maharashtra.The employer opened new unit in Madhya Pradesh. Can the union seek amendment to constitution from Registrar of trade union at Pune to enable it to function in M.P.
Regards
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Compensation
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?