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Sen   21 May 2013 at 12:02

Gratuity

I've worked for a company for 3 years. My Cost to Company (CTC) break-up contains some amount as attributable to Gratuity. I'd resigned, served the notice period and moved on to another organization. I've received my full & final settlement along with reliving letter. However, in my full & final settlement, company has not paid me the gratuity due for three years maintaining that gratuity can be paid only after completing 5 years of service, as per Payment of Gratuity Act.

My query is that as Gratuity is part of my total Cost to Company (CTC), am I eligible to claim for the same?

SURJIT MEHRA   21 May 2013 at 05:28

Bpo - process didnt come - asked to leave - no compensation

Hello sir,

I am working with the Outsourcing Industry for over 6 years now.

I joined XYZ BPO on Feb 25th, 2013. They provided training for a month however, the new (pilot) US process kept on delaying. The company attributed delay to some "technical issues at client's end". On 26th April, 2013 the company "LIED" and announced 97% chance process with them, 3% chance process MIGHT NOT come to them but assured that in any case, it will retain everybody in another process that they already have with them without any cut or decrease on the salary that they had offered.

However, the following Monday, the office cab did not arrive. On contacting, they said company will give full and final chq. for the total amount till the last working day i.e., 26th April on 15th May (Just 26 days salary, not even 30 day salary .... and also, they could have given that F&F chq. on 30th April or 01st May instead of further delaying it for next 15 days).

The company appointment letter has the following clause in it :

"During and after the probation period either side can Terminate this employment contract by giving 30 days' notice period or salary in lieu of the same. The management reserves the right to waive off the notice period. Your probation period can be extended at the discretion of the
management. The aim of this clause is to minimize the unnecessary disruption of business. The company reserves the right to terminate your employment on ground of policy, misconduct or unsatisfactory job performance."

However, this company didn't inform the trainees of mishappening going to take place and kept news of “process NOT
with them” in wraps. Had they made me aware of this mishappening, It would have given me time to prepare for this eventuality.
I want to sue this company and claim
damages as it has caused me trauma and agony. I have family to take care. It's been close to a month now and I am unable
to secure a job as I am 34 and the bpo's hesitate when they are getting fresh graduates.

I want to claim damages for this loss. At least a minimum of month salary if I go by above-mentioned clause in the appointment letter (IF IAM NOT WRONG).

Please advice, how can I take it further ...

ravi   20 May 2013 at 22:57

Need your advise to get my pf from pf organisation

Dear All
iam Ravichandra My Pf no.HR/GGN/27841/8519 and this account was deposited employer and employee from 1-04-2009 to 01-11-2010.After resigning from company i was applied thrice through company but still i have not received my PF amount.

Please advise how to get my PF.

Regards
Ravichandra

Om Prakash Pandey   20 May 2013 at 18:39

How to file case under labour law

Hi Experts
I am working in Pvt Ltd company in Delhi and i was confirmed employee i have resigned my job on 6th March and last working day is 5 th April . on 20 days working i have earn one privilege leave . during this period i have taken 12 leaves . But my employer deducted my salary of 12 days when he credited march salary in april 2013. Even Though i have 12 earned leave. when i asked he said that it will credited when full and final done . He deducted my 12 days salary according to current ctc and not adjusted the leave and leave pay given only basic salary . My query is
1)That employee can take earn leave, sick leave and casual leave during resignation period .
2) is it any govt law that employee cannot take these kind of leave during the resignation period .
regarding this nothing mention in appointment letter that you cannot take this leave during the resignation period

my company corporate office in gurgaon but registered office in delhi dwarka esi and pf no also registered from delhi .

please help me and if i correct then advise me in which state should i file the case along with court address . what is format for this and what paper required for this .

Please help me
Thanks
om

shrey   20 May 2013 at 13:28

Minimum wages

HEllo

Minimum Wage is Rs. 6000/-, may we bifarcate it into Rs. 3500 as basic wage and Rs. 2500 as HRA.

Case relates to state of West Bengal thanx

thanx

hello12345   20 May 2013 at 10:11

Company forced to resign

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narasimhan   20 May 2013 at 08:01

Salary pending and final settlement

Dear Sirs/Madam,

My name is Narasimhan,i was working in the animation and vfx studio for more then 4 yrs.
My company is a corporate company. Now my problem is. Our Management close our Chennai
division with out any notice. and we are 15 employees working. Our Management not paid our salary more then 4 months.
No no one attend the phone calls and or no proper reply.
What we have to do now.
we need our reliving letter and our final settlement amount. More over our management paid our PF money only 2yrs. we have our PF statements. we need to get our PF money also.
Now on behalf of our team i request you, please kindly tell me what is the steps we have to take now.

Thanks
S.Narasimhan
9840344462

Sagar   19 May 2013 at 15:47

Notice period


Dear Sir

I worked in one company for one month and signed letter of appointment which mentions I have to serve three month notice period. But because of some unaviodable reason and resigned on 17th June 2010 and my employer asked verbally to get reliving on same day so i didn't went to office, for which i have no evidence.



After one recovery letter on 2nd May 2011, Now I recevied legal notice to pay the notice period of Rs. 55000 approx along with 3years interest at 18%. Otherwise company will initiate legal or criminal proceedings. What should I do in this case.

I consult a lawyer who told me that he will prepare reply and mention that I was medically unfit to do the job under industrial dispute act.Their will be no criminal proceedings. Is this okay, please suggest asap.

CA Sahi Singla   19 May 2013 at 13:01

Surrender of epf certificate

Sir

My Client is a factory registered under Factory act from last 5 years & regularly paying EPF on Wages. But now, since no. of workers are less than 20, can it surrender the EPF License ? Bcoz the no. will remain less than 20 in future. Is there any special provision to surrender the license ?