DD
07 June 2013 at 23:48
Respected Sir/Madam,
Request you to please help with the following query on gratuity policy.
Company A's Gratuity policy pays gratuity after 5 continuous years of service.
Company B's Gratuity policy also is as per Payment of Gratuity Act.However, they pay gratuity after 2 continuous years of service for employees who joined before a certain date of year 2012.
Now, Company A has been amalgamated into Company B and all employees of Company A have been transferred to Company B. Company A employee's years of service will be retained.However,after the amalgamation(approved by the High Court of Judicature)
After the amalgamation, are the employee's of Company A eligible to receive gratuity as per the gratuity policy(which says Eligible for gratuity on 2 continuous years of service and joined before a certain date in 2012) of Company B? The confusion is because of the difference in the gratuity policies of the 2 companies.
Does Company B have to pay gratuity to the employee of Company A after the merger?
Can 2 different gratuity policies exist after the amalgamation?
Please help.
Regards,
DD
Gorthi
07 June 2013 at 15:43
Dear Experts,
How to calculate damage charges under the PF act(As per Sec 14B)
We did not paid PF amount of Rs 10,000 PM for the months of Jan'13,Feb, mar,Apr'13. Same has been paying now i.e by 15th June. Please let me know
1)exact calculation like calculating the months and days ETC.
2) Interest calculations
3) Challans to be filled for interest and Damage charges.
Pallavi Jawale
07 June 2013 at 15:14
Dear Sir,
I am the Best Driver and they i have suspended me with a silly reason like my driving is not proper and i am talking on phone or take photo. there was a departmental inquiry but they through me out of the job now what i have to do. under which law i will get the relief. I will be very helpful. thanking you. awaiting for the reply.
P.C. Joshi
07 June 2013 at 14:30
Dear Friends,
your inputs on the following query are needed.
A Ltd has appointed B as a Area sales manager In Mumbai. The date of appintment is Sep 2011. As per appointment ketter the period of probation is six month and unless confirmed in writing deemed tobe extended automatically. Somehow the performance of B has not been satisfactory hence, his probation period was extended time and again. On May 10th he submitted his regisnation but after discussion with sales head he withdrew his resignation. The company issued him letter of confirmation on 22nd may which he acknowledged on 24th May.
Now on31st may the company received a verifcation call from another Company stating that this gentleman has been working with them since 20th May 2013, which he has never disclosed to the Company. When enquired he sent his resignation on 7the June stating that he is resigning from his job since 20th May(back dated)
As per his appointment letter he is suppose to give 1 month notice or salary of 1 month.
The management wants to terminate his service and forfeite this salary upto 20th May.
Pls help me with your views that as a legal manager what should I do to safeguard any legal complications on the company later on . can I terminate his service due to misconduct of working elsewhere without tendering resignation. Can I demand one month's salary for lack of notice or adjust his 15days salary and other dues against one mnoths notice pay.
Pls share your considered views on urgent bais.
Thanks & Regards
P.C. Joshi
Gurleen
07 June 2013 at 13:53
Dear Experts,
Kindly Help me with the issue regarding my salary and Full and Final.
I worked with an Educational institute, registered as a society for 10 months and i resigned due to salary timing inadequacies.
My last working day was 10, April,2013.Its been more than 45 days now that i left the company but my Feb, March and 10 days April salary is due and they are not responding in spite of several reminders.
Kindly guide me what should i do next and also i would like to know that what is the procedure if in case a company is running out of Funds to pay salary ??
Can they not pay Salary of its ex and current employees?
Kindly Provide the quickest Solution to get the money back.
Thanks in Advance.
Vishwajeet Mathur
07 June 2013 at 13:36
Sir I am working in a U.P.goverment school for last 10 years continosoly on adopt basis. My salary is 1000 Rupees per month.
Sir there is any provision in any act by that i will be permanent at same job.
Santosh
07 June 2013 at 11:40
Dear Expert,
Kindly help me in following issues...
1. Suppose a co. has its H.O. in Delhi and it is having its retail stores in Delhi as well as in other states of India.
Now the question is- can we deposit the ESI of employee employed in store in other states(say Maharashtra) centrally i.e. in Delhi itself or we have to deposit it State wise.
2. Meaning of Salary for the purpose of PF Calculation is-
Basic+DA+Retention Allowance
or
Gross salary
3. If co. appoints internal auditor, is the provision of PF and ESI are applicable on internal auditor or not? (just like other emloyee internal auditor is also working in the co.)
Kindly solve the above query as soon as possible.
If possible site some judgement over the matter if any.
Thanks
Gorthi
07 June 2013 at 10:41
Dear Experts,
We have Trust registered under the Trust act where PF, PT and ESI is applicable from Jan'13 on wards. Due to the some administrative issues we could not get registered under the respective acts in Jan'13.
However in June'13 I got registrations codes under three Acts. Now I figured out Principal amount, Interest cost(Us 7Q of PF ACT) and Damage charges (Sec 14B of PF act) .
My question is
1) can I pay the Interest and Damage charges along with the principal amount with out demand raise by the department?
2) If Yes, how do I the amounts i.e what challen should i fill? any other administrative procedure should i follow?
Regards
Aditya
NIKHIL
06 June 2013 at 22:49
Sir
Around 10 years ago my uncle works in a export house but unfortunately he got paralyzed at his work place. Then he left his job because of disease. Now, i want to ask that is he able to claim compensation from company and salary of previous years. As he is unemployed till now.
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Claim by company after full and final settlement
Dear Experts,
I am D.Mahesh. I was working with a company from april 2011 to october 2012. i resigned from the earlier employer by properly serving a written notice and working there during the notice period and got properly relieved from that company. in my last day with the said company ie. 12.10.2012, i was provided with my relieving letter and a no dues certificate.
everything was going smoothly. about 5 months later in march 2013, i received a letter from my earlier employer informing me that, the full and final settlement provided to me contains a mistake and informing me to pay an x amount to the company.
Experts please help me to solve this issue. I hope, there could not be any dues to that company because i was not using any properties of the company, not even a corporate sim. apart from that, please guide me, whether a company can claim from an ex-employee who left the job five months back, to pay the dues after providing with the full and final settlement and a no dues letter.
expecting yours reply at the earliest. kindly do the needful.