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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Indrajeet Shinde   24 August 2013 at 00:18

Non deposition of pf amount & tds by employer

I was working with a listed company from June 2005 till November 2012, left company as the salaries were delayed by 30-40 days since june 2012.
I got relieving letter along with full and final statement including my pending salaries , gratuity, leave etc.

when i submitted PF withdrawal form, it was rejected on account that company has not deposited the amount, secondly company has not deposited the TDS deducted during April 12 to Nov 12 since it is not reflecting in Form 26AS. Right now iam not able to file IT return and have not got any reply to any communication with employer.

Please advice as to what should be done to recover the below:
PF Amount
Form 16
Full & final amount which includes gratuity, pending salaries, leave encashment etc. which is pending since Nov 2012.

Is there any law to recover my money immediately

The company is headquartered in Delhi and has defaulted FCCB since last Aug.

Regards,
Inder

denis   23 August 2013 at 12:11

Reply for defult in filling & payment professtion tax

My client has received notice from professions tax department for default in filling of the return & payment for the period from 01/04/2012 to 31/03/2013. But there was no employee in his company so there is nothing tax liability. Hence he has not filed return. Kindly help me how to draft letter to professions tax department

Advocate Suneel Moudgil   22 August 2013 at 20:08

Gratuity

Dear Experts,
how is gratuity calculated? kindly explain....

as per my knowledge the formula is as below:-

15/22 X last basic salary X number of completed years of service -

Dear Experts, kindly clarify Last withdrawn basic salary, is it only basic salary or full payment in hand consisting of Basic salary, DA,Medical, Education,HRA etc.

please clarify

if possible please clarify via example:

shubhra   22 August 2013 at 14:19

Non payment of wages

Dear Members, my husband works with merchnat navy. last time he was sailing with a company on six month contract. The company,which is indian has not paid him a single penny for his entire contract period.The company's head office is in bombay.Now,plz advice what should he do to get his wages for the period he served his company?
to him should contact in bombay and other legal aspects of his case.
With Brgds:
Shubhra

latheef   22 August 2013 at 09:24

Gratuity

Dear sir,

I have total 11 year of service in a company, 5 years in India and remaining years in outside India.
In india I was on india payrolls and out side india I was on not on india payrolls but was on local terms but I was always considered as India employee. In this case how the gratuity is calculated. Would you please advise.

Regards,
Latheef

S J Bhattacharya   22 August 2013 at 08:56

Full and final settlement including pf withdrawl

Hello,

This is to inform you that I was working in a private FMCG Distributorship company in Kolkata since last 3 years. In this organization I was entitled to ESI, PF, Yearly Bonus and Monthly Salary. But unfortunately I never received any benefit out of that ESIC program because the spelling of my name and the address were incorrect. But I never paid much attention to that as under gods blessings me and my family were doing quite fine. Lately when I fell seriously sick I had to resign because my doctor wanted me to take full rest for atleast a month and thereafter resume work.

As per company policy I provided a notice period of 15 days being in medical leave as I was undergoing treatment at that time. After 15 days were over, I started contacting the employer for my final settlement which included last month 20 days salary, accrued bonus, experience certificate and releasing letter. The employer asked for NOC Clearance from my department (Systems) boss and Operations Manager. I got NOC from my department but since May 2013 I have been trying for getting NOC from operations manager.

I tried calling and texting the person more than 200 time but all to no response. I emailed him too keeping HR and the Director in the loop. No reply.

I also sent PF withdrawal form will all attachments and signatures in June, but there is no news of that still now. Lately I sent a letter regarding the total trouble caused through registered post, its been more than 2-3 weeks, still no reply. I made a CC to Labor Commissioner and PF Office as well. No reply from those departments as well.

I actually held the laptop that was given to me by the company, but I had to had it over as a tradeoff for getting NOC from my department. Now, I have all the documents, emails, registered post reports, AD cards, even HR confirmation that they are ready with settlement (which was sent to me in April). If required and asked for, I am ready to submit those.

Please guide me on the next step(s) that I may take.

Nithiselvan   21 August 2013 at 16:18

Notice pay

Dear sir,
I had been terminated by my company where i had worked for more than 8 years. Due to i had missed my restaurant bill when i gone on on duty travel. For that i had produced a local restaurant bill for claiming. This was treated as fraudulent act and terminated me. i accepted the mistake. My leave salary, pending salary all are processed and given. In my appointment order its stated that "YOUR SERVICES ARE TERMINABLE BY 3 MONTHS NOTICE ON EITHER SIDE OR PAYMENT IN LIEU THEREOF. So i asked for notice pay but they refused to pay and says that they had changed the policy, that on termination, notice pay will not be paid. since the policy was not circulated to anybody down the line until my termination date. So please direct me to the way that i can get it

Jitender   21 August 2013 at 14:40

Can a convicted person get govt job

Respected sir my name is jitender and I had a case on me for impersonating a person on my behalf in an exam. In 2007 I appealed in a Plea Bargaining Court of Delhi District Court where I committed all the charges i.e. 419 and 120-B. In the decision the court admonished all the charges and given me a chance to reform considering my young age. I myself voluntarily compensated the state in the form of ten thousand rupees. In this situation can I get a govt job.

Computer Rath   21 August 2013 at 12:04

Action against fraud organization

WHAT ACTION CAN BE TAKEN AGAINST A "PUBLIC CHARITABLE TRUST" WHO IS REQUITING PEOPLE WITH OUT TAKING ANY LICENCE FROM THE LABOUR DEPRTMENT. ALSO SUCH ORGANIZATION DEDUCT MONEY FROM THE SALARY OF THE EMPLOYEE IN NAME OF PF AND DEPOSITING THE SAME TO THE EPF DEPARTMENT?

Umesh   19 August 2013 at 13:41

Gratuity-minimum no. of 240 working days/year

Dear Sirs,

I have certain doubts about gratuity act, kindly clarify.

As per Gratuity Act an employee to be eligible for gratuity has to work for a minimum of 240 days / year.

1. Kindly let me know from which date 240 days would be reckoned (starting from the date of joining or from calender month in which the employee has joined).

2. If an employee has worked for 7 years, out of which in 3 years he has worked for less than 240 days (calculated as per the Act), would he be paid gratuity for 4 year only.

3. For calculating no. of working days as above whether leave days without wages would be considered.

Thanking you in anticipation.

Best Regards