mukesh Gupta
13 September 2013 at 14:55
Sir,
In a case the services of an employee has been terminted after disciplinary enquiry on the ground that he was unauthorised absent. Now can we recover the notice pay of three months from the employee on the ground that he abandon the service by his act which resulted termination. Pls guide. If citation is availble pls provide . THANKS
meha iyer
12 September 2013 at 23:38
I joined my organisation on 29th march 2008 and made a resignation on 12th march 2013.In between i went for maternity leave on 9th Sept.2012.As per my co. ,the maternity leave gratnted is 4 months adjusting all the leave balances and 2 additional months with leave without pay.
Kindly confirm me ,m i eligible for gratuity as per supreme court judgement.
Plz guide me.
manmohan
12 September 2013 at 19:33
i am working with an organisation under punjab Govt. as at the time of appointment they have taken my qualification certificates. but now after 9 months whenever i am asking them to give me back the certificates they says we can't give it back to you as you are under probation period of 2 years. i want to know that can i force them to give me back my certificates. i heard lot about that there is a supreme court judgement that no employer can retain the certificates of an employee
plz suggest me something on this matter and plz refer me to any judgement on this if there is any my mail id is Manmohanpatwal@ibibo.com
Vivek Anand
12 September 2013 at 13:28
I am in Kerala and a state Govt. employee. I am planning to establish a new charitable organisation. The organisation will be having an elected body or council under permanent administratorship of me. My assumption is that since I will not be an elected member of the organisation, it does not violate service rules regarding the conduct of Govt. employees. Isn't it so?
My assumption is based on this: "A member of the Service may, without the previous sanction of the Government, take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society, or of a club, or similar organisation, the aims or objectives of which relate to promotion of sports, cultural, or recreation activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force."
(The All India Services (Conduct) Rules 1968)
Am I missing anything?
skg
12 September 2013 at 12:09
Dear labor law and service matter experts,
A workman appointment letter says that he is also entitled to receive other benefits/facilities applicable to employees of his level in accordance with company rules/schemes in this behalf. During his tenure of 20 years before his retrenchment various employee welfare schemes were announced.
On his full and final settlement he found that benefits of those declared schemes were not paid to him.Since he do not want to leave the company on bad notes he received what ever amount they gave peacefully.
My question to experts now is that whether under section 33 C(2)
a) he can recover these monetary benefits declared under employee welfare schemes
b) and if on account of delayed payments of these benefits (which also included bonus as well as his gratuity) he can also claim interest @ 9% per annum u/s 33 C(2) for the period delayed .
rgds
skg
Sonia Prabhu
11 September 2013 at 18:09
Dear experts,
My sister is in an IT firm for 16 yrs and her designation is AVP.. for many years she has not got any promotion. Last year she developed a special unit for herself and after that flourished management appointed a mail candidate on her designation and asked her to resign. She denied it and asked them to issue her a notice but they did not do so. Since 1 yr she developed another unit which she got a new market and even today they did the same thing the management placed a male candidate and took her work away, they are forcing her to resign.
I want to know what should she do and what are her rights in this. How can she be protected from her rights.
It is a male chauvinist issue. She is going to mental harassment .
SHASHIDHAR A
11 September 2013 at 08:50
Dear Sir,
One of our employee resigned. Post which she opted to withdraw but the Management did not accepted her request. Now the case is in Labour Court.
Now the Court has sent summons asking to produce original RESIGNATION, email correspondences and Employee Id Card. Unfortunatly we lost ORIGINAL RESIGNATION letter, we do have email correspondences and the employee has not surrendered her Employee ID Card.
We can produce the correspondences and will mention that the employee has not surrendered the ID Card.
The advise required is as we lost ORIGINAL RESIGNATION, can we submit PHOTOCOPY OF RESIGNATION by mentioning CERTIFIED TRUE COPY and getting attested by Head of Unit. Will the Court consider this copy towards Evidance or are there any other ways to solve this issue.
Humbly request to provide solution to this issue.
vijay singh Mob.No 9621707070
11 September 2013 at 00:03
Sir,
maine 3dec 2009 ko resign kiya aur mera resigntion isi date ko accept ho gaya. mera pf and other benefits about 1.5 years main mujhe DD ke dene k liye bulaya gaya. Lekin main time par nahin aa saka . Aur about to 4 years ke baad year 2013 main usi same amount ka wahi DD date change kar ke de diya gaya.
Sir, main ye janana chahata hoon ki kya mera PF and other benefits kya wahi rehega?
Kya company dwara diya gaya mera purana PF amount increase nahin hoga?
Kya rules and regulations hai, is tareh ki situations main?
Kya mere paas koi reamedy hai?
Raj
10 September 2013 at 23:38
Hello, I am a shop keeper in delh. now a days an employee who is working with me for about 25 years of is now causing troubles. he is also having an advance of around 4 lakhs in cash and cheque. My query is how can I terminate his job and fire him out of my shop.
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Gratuity
Sir/Madam,
I was working in a software company from 2nd feb 2007 to april 30th 2013. during 1st july 2011 to 2nd jan 2012 I was on leave as I asked for leave for maternity.Company said maternity leave is 2 month and will pay for it and hence I too another 4 months which is loss of pay.
Now when I requested for gratuity company replies as below.
"we find that she has taken approximately 194 leaves during the year 2011-2012 and out of that Maternity leave is 56.
As per Gratuity Act, employee should work minimum 240 days in one financial year, but in this case she has not satisfied this condition.
As precautionary, we are obtaining expert opinion on the applicability of Gratuity payment."
So will i will not get gratuity? Experts please help.