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SIA...............   25 May 2013 at 09:54

gratuity ...... plz helppppp

Hi sir , i had joined the company on 2nd June 2008 and my last day of employment was 15th April 2013 . i had asked my company to pay me gratuity but they are denying and asking under which act or section i am,asking so , they mailed me back saying my claim has been denied . pls confirm,240 +days in 5th year us eligible or not and also how to go about it . kind Regards

SIA...............   25 May 2013 at 09:51

Gratuity...... pls reply urgently

Hi sir ,
i had joined the company on 2nd June 2013 and my last day of employment was 15th April 2013 .
i had asked me company to pay me gratuity but they are denying and asking under which act or section i am,asking so ,
they mailed me back saying my claim has been denied .
pls confirm,240 +days in 5th year us eligible or not and also how to go about it .
kind Regards

adiva   24 May 2013 at 17:35

Notice period and training cost

Hi,
During campus hiring we were made to sign a terms and conditions document which stated that an employee has to work for minimum 18 months and if he resigns before that he should serve a period for 3 months.
After joining the company,when all other job offers were out of hand,after around two weeks a new document was made to sign which says that if an employee resigns before 24 months ,he should serve a period of 3 months and payback 50000 as training and accommodation.

I have resigned before 24 months but will be leaving just 10 days before completion of 24 months.Can I claim to be provided a division of cost incurred on accommodation as I had not taken an accommodation.Also,I have served just 2 months.My manager is ready to relieve me early but the HR doesnt agree.Can I legally challenge them to relieve me a month earlier without paying back the salary for one month?

Ahmed   23 May 2013 at 17:59

Previous employer not replying regarding the relieving of my documents

Hello Sir,
I want to discuss with you that I was working in a company in Daryaganj, New Delhi. I worked there more than 5 years and recently resigned as I got an opportunity from other company.
I was appointed in the company on 26 July 2007 and in my appointment letter it was written that at the time of leaving the company, you need to serve one month notice period or pay one month salary.
Now, I mailed the resignation on 3 April 2013 stating that I can serve only 10 days notice period. And before sending the resignation mail I discussed this with my project manager personally. My project manager then replied to the email that “The management has not decided about that and in your appointment letter the notice period mentioned in one month”.
After that all the conversation took place verbally (unfortunately) and he keep on saying that you have to server one month notice period because of the on-going project. I said that I will complete the project at home. He replied that I can’t say anything right now I’ll tell you later. And on 15th April 2013 I joined the new company. On 16th April, I again called and asked him about the process he talked very rudely and said talk to the HR.
I emailed HR about the process of relieving keeping the project manager in CC, on which he replied that you leaved the company without the consent of the management and we have suffered a lot with the client with respect to the project and there will not be any release of your document. I again said that I am still ready to complete the project. He replied that “The project is salvaged, no need of your generosity and do not drop me any mail regarding this”. I then said that I am ready to pay my remaining salary (15 days, as I worked 15 days there). Till then I am waiting for their reply and none of them (the project manager, HR, and CEO) are not replying.
I have agreed to complete the project and to pay my salary and they don’t want any of this. What should I do now. Its been 1 month now. I yesterday again sent an email to HR, asking about if there is any possibility of getting my document. No reply from their side.
Please help

Gaurav   23 May 2013 at 17:52

Client not paying charges to contractor

A contractor took a contract to paint the house. After the completion of work now client is not paying the remaining amount. About half (about 6 lakhs) of the agreed amount is yet to recovered.
What are the legal remedies can the contractor claim except the recovery suit?

Jai Prakash Singh   23 May 2013 at 12:33

Re-employment in railway after putting technical resignation

sir,I am an Ex-serviceman,joined railway fromRRB bhopal and joined in Bhusawal on 15/07/2002 and was in grade pay of Rs 4600. My name was taken by Intelligence Bureau from Zila Sainik Board,Jalgaon,Maharashtra.I got NOC from Railway to join Grade pay of Rs 4200.I tendered technical resignation in Railway and same was accepted on 31/10/2008. I got relieving order from rly & joined IB mumbai on 03/11/2008.i could not like job of IB & tendered resignation on 29/10/2011,two days less than 3 years and same was accepted on 31/01/2012. I applied for re-appointment in rly which rly turned down on ground that as per IREM 1404 not suitable.
My point is that as per IREM 1401 granting of NOC and then relieving was not legal since IB post was of lower grade than what I was drawing in rly
Please advise whether I have winning chance or not ,If at all i file a case in this regard
Regards

naina   22 May 2013 at 14:41

Full n final settlement of salary after giving resignation without serving notice period

Dear Sir,
If someone has given resignation due to Dress Code Policy which makes it mandatory to wear Western clothes and candidate is not ready to wear western clothes. And candidate has brought this to the attention of her HOD who suggested that she has to resign from the company with immediate effect if she can’t comply with the new Dress Code Policy. After this she has resigned from the company. Now her salary is on hold and company has told her that they are deducting fine against non complying with uniform policy of the company.And they are also deducting salary for Notice period recovery. What action an employee can take. Kindly suggest.

Regards
Naina

Sen   22 May 2013 at 13:16

Variable compensation

Hi

My CTC has some amount attributable to "Variable Compensation". The company policy is to pay Variable compensation every 6 months e.g. Amount due from April to September is paid along with October salary on 31st October and amount due from October to March is paid along with April salary on 30th April. If any employee leaves and not on the rolls on payout date i.e. 31st October or 30th April, company does not pay him / her the due amount of variable component.

So, if an employee has left the organization in the month of Feb, even though his variable compensation is due for for 5 months, he's not being paid his due share.

I want to have an advice whether employee is eligible to claim his due share of Variable compensation till the date, he was associated with the organization. Is it tenable in the court of law. If eligible, what action should be taken to recover the amount.

Manander   22 May 2013 at 11:44

Regarding experience letter

Hello Sir,

I was hired by a company named XYZ(A small frim) and they send me to work in the premises of a big company named ABC(A very big company) and that ABC company appoint me to their client location(PQR). Now I have been leave my job and the experience letter that XYZ given to is conatin the name of XYZ and PQR but ABC is not mention anywhere.

Kindly let me Know is this correct or my experience letter should contain the name of ABC also because they send me to PQR.

Richa Goswami   21 May 2013 at 16:21

Regarding mental harassment

Hi Sir,
I am Richa Goswami I was working with Advance Computer Services limited Mumbai as a Executive from last three months and at the time of joining i have signed a bond of 2 years and now my mother is not well she had gone through three surgery of her both eyes and Dr has given advice to her not to do any kind of work and do a complete bed rest so I have told to my CEO Mr Pankaj Patel that i am not able to continue the job due to this reason and he has told me that I have to submit all the documents related to operation i have done that also but now he has sent me a legal notice that I have to pay 50000 Rs against that bond and he is torturing me and my family for that money.
Even at the time of joining my HR told me if there will be any kind of genuine case than company will consider that that but now he is torturing me regarding that money since last one month even after i have submitted all the related documents.He is now telling that he will issue an arrest warrant against me.I am very much depress. Please tell me what can I do.can i file a case of mental harassment.I am not getting what should i do.But I am very disturbed because of this as mother is also not well and he is also torturing me.please tell me what should i do.