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

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Kanhaiya Lal   18 April 2013 at 21:48

Gratuity 4 years 190 days

Hi LAW Experts,

I am working at Noida in a USA based MNC which works 5 days in a week. I have completed 4 years 1 month in this company and I am willing to leave this company in 4 years and 190 work days.

Joining date Feb-26-2009
Expected leaving date Nov-30-2013.

I have checked with my HR for gratuity. They says that company will not pay gratuity if I leave company in 4 years 190 working days. I have to complete at least 5 years.

My question is, If I leave my current company in 4 years 190 working days and company deny for gratuity, then do I have some legal option against company for my gratuity payment?

If there is any law, please let me know, law name/number.

Your expert advise is highly appreciated.

Best Regards
Kanhaiya Lal

bharat   18 April 2013 at 18:48

Employer threatening to drag me to the court for absconding from work:reg

Dear Sir,

I was working with a mangement concern for about 1 year and 3 months. Intially i agreed to work for three years on the condition of mutual benefit.After completion of my probation period they did not give any confirmation letter.They increased my salary by a very less margin, which was not enough to take care of myself. I requested to increase my salary but it was received by deaf ears.Later when I got a new job, I went to a senir management guy to inform about this. He told me that if i resign today itself I will be releived today itself. Keeping his words I resigned but, now the company management refuses to releive me. It is asking me to pay rs 75000 as expenses to get relived which is about nine times my original salary. The company also did not provide any basic pf , epf to me during my entire tenure. Also In the only document received from them they did not mention anything about notice period.I also did not sign any legal documents such as bond documents. now they are threatenig me to drag into court if i do not pay the amount. Kindly help me in this regard.

Regards
Bharat V
9445724240

Shailesh   18 April 2013 at 16:50

Minimum wages & other levies

Dear All,

What are the minimum wages at Pan India Level as on 1st April 2013? Further what other levies (e.g. PF, gratuity, ESIC, etc.) are to be considered at the time of calculation of wages for contractors/ security Guards? Are all the other levies (e.g. PF, gratuity, ESIC, etc.) same across PAN India.

Regards,

Rakesh   18 April 2013 at 12:26

Company threatens me to blacklist...

Dear Sir,
Main ek Private Limited Company me kaam karta hu. Kabhi kabhi hamaari salary 2-2 mahine tak nahi di jaati hai. Isliye maine ek fake ID banaya aur usme se ladki banke sabko employees ko ek mail bheja ki wo Salary ke baare me kuchh kare. Ab company mujhe Blacklist karne ki Dhamki de rahi hai.
Please help me Sir. Maine wo mail bahot Vivek se likha hai. Kisiko Bhadkaya nahi hai. Seniors ke prati Pyar aur Respect se mail likha hai feer bhi mujhe baar baar Dhamkiya mil rahi hai. Main wo mail bhi aapko bhej sakta hu. Please help me.

upendra   18 April 2013 at 10:40

Special benefits for on duty accident

Sir,
I am Central govt. class-i officer,met with accident while traveling on duty, where i sustained with neck injury, now i am on leave for more than two months and as per doctor's opinion it may take another three months to recover,i would like to know about special benefits for central govt. employee who got injured on duty. my boss is not cooperating and may intervene in procedure and so i may be in loss at the end due to not having knowledge about procedure.
I want to know about provisions like Govt. transport for Hospital visit, Special leave, Extra conveyance allowance ,compensation from employer ,and punishment for employer due to misguiding and not taking care of his employee

Thanks ,waiting for reply
upendra
9271000195, pune

Umar   18 April 2013 at 09:29

Powers of chief justice of high court

Does Chief justice of state high court have powers to constitute a two member committee to look into the selection made by State Public Services Commission which is a constitutional body.

Umar   18 April 2013 at 08:58

Adverisement for posts in law department

A few months back Department of Law & Justice advertised some posts through State Public Service Commission. The whole process was completed and final selection list was send to Law Department for issuance of Appointment Orders.

However, Law department forwarded the file to High court for issuance of appointment orders, subsequently high court got medical and verification of antecedents of candidates done.

Now the high court is not issuing appointment orders which otherwise was to be issued by law department.

What is the legal standing of the case and what are the technical errors of the case, If anybody can answer?

Nishant   17 April 2013 at 15:47

Full and final not settled

Dear Sir,

I was working with a organization called Clinical Research Education and Management Academy known as CREMA India Pvt. Ltd.

The head office is in Mumbai and during my tenure in 2010 it had branches in Delhi and Bengaluru as well.

I left the company on 17th April,2010.I worked here for approx. 11 months. I did not serve the entire notice period of 30 days because the joining in the next organization was urgent. Moreover this organization was financially very week and never paid salaries on time, so there was a sense of urgency to quit this job as early as possible. You will be surprised to know my first salary cheque had bounced from this company.

Initially after tireless followups they told they will settle the amount as per company policy after deducting some amount owing to shortfall in notice period. Ever since then they have not settled the Full and Final settlement. The HR at that time 2010 based out of Mumbai started avoiding my calls and they never reply to emails sent to them.
It is alsmost 3 years now and I feel cheated. I left following up with them after 2010, as I had completely lost hope. Even the founder cum chairman Mr.Vijay Moza doesnot answer. I remember once I had called him regarding the F&F and he scolded me badly stating "go and speak to the HR".

What should be the option to recover this amount. Now I believe they have closed their branches in Delhi and Bengaluru.
There web address is www.cremaindia.org

Azhar Ahmad   16 April 2013 at 16:57

Powers of high court

Does the State High Court have the power to question a selection list of Court Managers issued by the State Public Service Commission (Constitutional Body) for posts that were created and advertised by State Law & Justice Department on the grounds that High Court Rules were not followed in the selection process.

Under what provision/rule does this objection fall?

Shweta   16 April 2013 at 15:29

Forcing to get releived early

I have resigned from my company on 03.04.13. I have asked to relieve me on 2.05.13. But my HR people are forcing me to get releived on 30.04.13. If i get releived on 30.04.13 I have to lose my gratuity by 1 day short. (4 years & 239 days).If i continue till 02.05.13, I complete 4 years and 241 days & can claim gratuity. Can company force me to get relieved 2 days early?