Chintan Trivedi
07 October 2013 at 08:36
Dear Expert,
Please advise me on the following:
1. A KPO, and also a private limited company located in Gurgaon and registred office in New Delhi, having more than 100 employee. Whether standing order applicable to it?
2. Can they deny to goving a copy of the same?
3. Can they make compulsion to serve three month notice period even if I am ready to pay for the short fall of the notice period (as per offer letter)
4. Can they have the period of notice more than what mentioned in the certified standing orders of the company.
K K S V SOMESWAR
06 October 2013 at 10:00
AN ORGANISATION IS CONDUCTING INTERNAL ENQUIRY AGAINST THEIR EMPLOYEE WHERE PANCHANAMA IS THE ONLY DOCUMENT AGAINST WHICH CHARGES WERE FRAMED. THE PANCHANAMA WAS SIGNED BY POLICE INSPECTOR BUT NOT SIGNED BY THE WITNESSES. THE QUERY IS
1. WHETHER THE ORGANISATION CAN CONDUCT SUCH ENQUIRY WITHOUT WITNESSES TO THE CRIME ?
2. WHAT ARE THE GROUND FOR THE EMPLOYEE TO DEFEND IF ATTENDED ENQUIRY ?
3. THE ORGANISATION IS SO SERIOUS TO DISMISS HIM AS A MAJOR PUNISHMENT. WHAT IS THE RECOURSE TO THE EMPLOYEE ?
4. CAN THE EMPLOYEE RAISE AN OBJECTION TO STALL THE ENQUIRY SINCE NO WITNESSES ARE THERE AND HE IS ALREADY DEFENDING THE CASE IN THE COURT OF LAW ?
ADVANCE THANKS TO EXPERTS !!
Shiva Prasad
05 October 2013 at 21:38
Respected Sir,
I am an ex servicemen presently working with Indian Oil Corporation wef 20 Oct 2012.As per last pay certificate my salary was Rs 16400 in pay in band + Rs 4600 grade pay + Rs 2000 MSP + Rs 1400 X Gp pay. May I know If I am eligible for pay protection in the PSU. My present basic is Rs 10500/ + admissible DA.
M N SRIDHAR
05 October 2013 at 17:27
Dear Sir's
I was working with a Private Limited Company form 17th November 2008 to 28th August 2013. i.e nearly 4 year and 9 months. I resigned and was relived on 28th August 2013.
I have sent email's asking for them to settle my gratuity but they are telling that I have not completed my 5 years of service in the organization.
I would like to ask you whether I am eligible for Gratuity or not. My employer says I am not eligible for Gratuity. According to you if I am eligible for gratuity can you please email the copies of the Supreme Court/ High court Judgments on the same.
Regards
Sridhar
SUBRATA DAS
04 October 2013 at 11:00
Sir ,
I was serving in Larsen & Toubro as a manager .
I have resigned from my former company and my date of resignation was 16.6.2013 .
In the resignation I declared that 16.6.2013 would be my last day of work thinking that notice pay would be deducted from my balances .
Company accepted my resignation at site and has forwarded to HR department at head quarter which was accepted after 2 months .
Company has informed that my date of relieving will be last day of attending ie 28.3 2013 .
Well I was on PL wef 28.3.2013 and further applied for medical leave till 15.6.2013
Now the matter is that after availing leave i have joined the site office on 16.6.2013 and same day i had given my resignation and requested to relieve on the same day .the site management has not objected and informed me to stay back till notice period and rather forwarded the same to head office .
Please help me to answer weather they can relieve me from 28.3.2013 .
Hoping for a reply from the end of the expert please.
SIDDHARTH
03 October 2013 at 20:48
Dear Sirs,
My Self Siddharth Thakor from ahmedabad. I have filled a review application under section 7B of EPF & MP Act 1952 against my past employer. During the proceedings of the inquiry there are numbers of criminal offences done by the employer which I am going to share with you.
(1) The employer has filed a false Affidavit of the director of the company regarding that they have no any documents to produced in the7B Inquiry proceedings as the all the documents were are destroyed in a cyclone in the year 2005., but after this they have produced all the documents i.e. salary register, attendance register, balance sheet etc.. for the year 2001 to 2007 by saying that they have found all the documents. So, this is the first criminal offence made by them regarding making fake affidavit.
(2) They have produced part pages of balance sheet (related to salary only) for the period 2001 to 2007 as they have to provide complete balance sheet in the inquiry. Out of them for the year 2005, 2006 & 2007 balance sheet are made fabricated by them. i.e. they have changes the figures of the salary & wages & produced the only such pages related to salary & wages. I have proved in the inquiry that the provided balance sheet are fabricated this is the second criminal offence by them.
(3) They have made my duplicate signatures in the salary register for the year 2006, which I have proved in the proceedings. This is his third Criminal offence in the inquiry.
(4) They have submitted a Certificated of Insurance company for making a claim against the cyclone damage, by this they are going to prove that they have no any documents & all are destroyed in the cyclone. But in the certificate of the insurance company there no any clarification regarding damage or destroyed of the documents in the cyclone & also after this they have provided all the documents for the period 2001 to 2007 in the proceedings. They have misguide the insurance company as well as the PF authority to misuse of the Certificate this their fourth Criminal offence done in the proceedings.
(5) They have made my fake or forge Form 16 signed by the director of the company. But the figures of the Salary in the Form 16 is not match with the Salary register for the year 2006 this is their fifth Criminal offence done in the proceedings.
I have made a complain to the APFC as well as RPFC- II regarding this criminal offences done by the employer in the proceedings & request them to lodge a Police Complain against them. There are 3 months were passes of my complain but no action has been taken by the PF authority. They are saying that they have no powers for this. As the all the above criminal offences are done as per Sec.i.e. 196, 405, 406, 420, 467, 468m 469, 471, 120 B, 114 of IPC.
I am requesting you kindly help me in the matter. I want to know that the APFC & the RPFC-II has powers for this or not. What can I do now for that.
Regards,
Siddhath Thakor
+91 98 98 89 3884 / 940 88 44 8 33.
deepak
03 October 2013 at 20:08
Today i have made a bond of Rs.2,00,000 as i have got selected in a psu bank.But at the place of witness sign there over writing of first letter of witness sign.
So can bank ask a question while verification of my documents ?
aslamskhan
03 October 2013 at 18:38
Respected sir,
I was employed through consultant by a pvt ltd co.as AGM MARKETING on mar 16.
paid on 8th april.
and april salary paid on 22may after cheque bouncing and getting cleared through NEFT.
on may 15th G.M based in delhi wrote that i can continue only on commisssion basis if interested
Director was reporting boss who just did time pass by postponing dues and finally one day company created email I.D got disconnected and after some days mobile connection also.
approaching them say that i have some issues and till now they have not cleared.my 2month religiously worked salary.
Pls advice
bala
03 October 2013 at 15:20
sir,
i am working in a pvt automobiles company i have performer of the company but the company wants forcefully to terminate me and also they hold my last working days salaries and incentives, the give more stress to put leave and gave resign letter they not accepted now they told Ur terminate what i can do for my salary and pf formalities.
need Ur guide
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Clarification regarding pf & esi records
UNDER PROVIDENT FUND ACT & ESI ACT., WHAT IS THE TIME PERIOD PRESCRIBED TO PRESERVE THE RECORDS SUCH AS MONTHLY CONTRIBUTION CHALLANS, RETURNS & OTHER RECORDS. ALSO ADVISE TILL HOW OLD/BACK PERIOD, THE P.F. & E.S.I. AUTHORITIES CAN ISSUE THE NOTICES.
THANKS
SUNIL GUPTA