Amit Kant Sharma
04 May 2013 at 15:55
Hi Team,
I was working in an organisation from 20th sept 2012 to 3rd may 2013 , as per my appointment letter for me 2 months of notice period was mandatory but i have served only 12 days of notice period but in these day i had given downloads of all the responsibility handled by me and also in this period of time i have worked more than the working hours and on Saturdays and Sundays as well because of all these things only i have decided to resign from the organisation.
and now they are telling that they are going to send a legal notice to me as i have not served full notice period even they did't paid my last month salary i am a bit worried how to safe guard my self from all these things . As i don't want to go to court and all .
please help me how to proceed further .
I am having the following documents with me.
My resignation Mail , mail that i gave downloads of my responsibility and a mail where a explained them that why i am leaving the organisation.
Umesh
03 May 2013 at 18:53
One of my friends work in a reputed IT company. She was onsite at Mumbai and was eligible for reumbursement of expenses (food items only) worth Rs. 18,000/- plus Out of Pocket Expenses of Rs. 3000/- per month. During the period of 1 month, she had gathered bills (most of them were handwritten) and submitted them for reumbursement. Many bills were of nature when she had gone collectively with multiple group of employees and where she had paid the amount on behalf of others and claimed them as reumbursements.
At many times, she had done the expenses but forgot to take the bills. Subsequently, she went to the hotel and collected them next day or during the course of 1 month by requesting for bills. Since, she was not remembering amounts, some hotel owners gave her bills in tune with the amount spent earlier. At some places, hotel owners gave her blank bills to fill her herself. As such, out of the bills submitted, we can say that some were not true bills.
These bills were submitted and claimed. Before the claim was settled, twice the company accounting dept representatives asked her on call as to whether these bills were for individual or for a group. On the calls, she explained the situation that she has paid whole amount on behalf of group and she has claimed. She also stated on call that if on a day somebody has paid on her behalf then she has not claimed the amount. However, when again third time a mail came, she was so pissed off that she wrote that they were for self and she has a very good apetite. The bills were processed and passed.
During the audit, the auditor brought these heavy amount bills to the notice of company. Subsequently when HR called her for one to one meeting, she corrected her stand by apologising the mistake and gave in wirting that the bills were for group.
From second and third month onwards, the company rejected all handwritten bills(please note that for first month same hand written bills were passed) saying that there is a corporate guidelines of not passing the handwritten bills and they sent the mail to that effect.
3 months after the first bill was sanctioned, HR again called her for scrutiny saying that they are giving her the option of confirming if all bills are correct or not else they will start inquiry. She confirmed the same. (however, some of the bills were not genuine)
Query: - If HR do hold the inquiry and finds that some of the bills were not genuine, can they terminate her services, particularly when the company itself has now brought the guidelines that handwritten bills are not acceptable and will not be paid. If the bills were not acceptable, why they were paid in the first month. The policy guidelines were never circulated but were stated on the mail from second & third month onwards. If the handwritten bills are not acceptable to company can it terminate the services of employee for wrongly accepting & settling such handwritten bills, even some of them were fake?
Gaurav
02 May 2013 at 13:19
Hi, I am writing this to know if it is possible that a company make new policies and implements the change of that policy for the instances which has happened in past.
Please note, that my company had a policy of providing retention bonus of Rs 4500 after every three months to the employees who do not take more than 6 leaves in three months and non of them should be without informing the superior. I have taken 4 leaves for the month of January 2013 and company made a new policy on 24 January that retention bonus will be considered for every month separately which means 1500 for every month but will be credited after three months, in this policy, any person who take more than 2 leaves in a month will get disqualify. I have taken one leave for feb and non in March still I only get 1500. Now my company is saying that leaves for the month of Jan and Feb are clubbed together. So whoever has taken more than 4 leaves total in the jan and feb month will disqualify for both.
Please help me out in this matter. Also let me know if there is any case that I can register against it. I am contacting from Gurgaon.
Will be awaiting for your response.
Rizwan Pathan
30 April 2013 at 15:12
Dear Experts,
Need you advise on below
To run a FORKLIFT in company,which driving license is required ?
Kindly throw some light on this with reference to statutory.
Thanks & regards,
Rizwan Pathan
Prerit
30 April 2013 at 11:59
Dear Sir,
I would like to know Minimum & Maximum age of an employee, in such organization where ESI & PF act are applicable.
Kamal Verma
29 April 2013 at 15:00
Dear Sir,
I have join the Deligent Networks on Nov'12 as a Manager, In my appointment letter "salary will be 40000.00 per month" was written no salary breakup was given, and any notice regarding about probation period was not mentioned.
I have paid by improperly but leaves amount were not deducted in my monthly salary.
But because of improper managment & environmental I left my the company in April 2013
After all the handover, I left the co on 22th April 2013 and regularly followed up with the company to provide me my last salary & releiving letter, work exp letter, and dues. But company has told me to provide all the leaves details from joining till last day and now they have decide to deduct all the leave amount (which I have taken from joining to till last day)and They calculating per leave amount as simply dividing per month salary by 30/31 days (e.g. leave amount is 40000/30= 1333 per leave)and are giving the remaining amount.
I have denied their offer and demand the salary break-up along with employee leave details, but they are refusing to provide the same and saying that during probation period no leave given.
Please tell me how I get my money and teach the lesson to the company that in future they will not repeat this again.
Thanks
naveen lohia
29 April 2013 at 10:23
I left my last company in 14th March 2013 after 3.5 yrs of service and duly giving a 1 months notice period.
My initial offer letter had mentioned a min 2 months notice period or base pay to be given if short notice period was server. I offered to abide by the same and during my notice period did my complete handover.
My immediate reporting boss approved of my resignation and had sought from the internal HR team to relieve me as per my request i.e. within 1 month.
The HR initially dilly-dallied on the notice period and 1 week prior to my last day in the company - asked me to extend my stay for another 15 days. I was unable to do the same as commitments were already done with my future company.
After all the handover, I left the co on 14th March 2013 and regularly followed up with the HR to provide me my releiving letter, work exp letter, FnF, and dues. The HR has not responded back even after 1.5 months and based on that I sent them a legal notice from a lawyer on 15th April.
The HR has not responded and I am still waiting for my dues
Please suggest as to what is to be done
Thanks
Member (Account Deleted)
29 April 2013 at 00:48
Please suggest some quality yearly digests and monthly journals for finding out citations/judgments related to labour and service law.
anil verma (registeronlyfree)
28 April 2013 at 22:35
sir one again sorry and regret to say no reply has been received by me. all in spam mail not opening.
pl excuse me for continuous query.
SLP PENDING PROCEEDINGS IN LABOUR COURT UNDER SUMMARY TRIAL BY REMAND ORDER OF HON'BLE HIGH COURT.
In one of my case, the hon'ble High court has remanded one of several issues framed before labour court to be decided afresh upholding rest of the award.
against this remand the employer has filed clarification application before High court which also has been rejected.
the summary trial proceedings are still pending before the labour court and the issue remanded is yet to be decided, the employer has filed SLP before the hon'ble supreme court, facts of which are not known.
are employer justified in filing SLP during pendency of summary trial yet to be concluded.
the high has held 80 % award in my favour. pl suggest me what to do and how to counter the said act of the employer?
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