Dear Sirs/Maa;ms,
For a bank officer of a nationalised bank, an officer wants to resign his job and forego his three months pay/emoluments instead of giving three months notice and give just a weeks notice. The boss tells him that his partial aplication for resignation is being forwarded for approval however till the approval comes he continues to be in service. Is it legally correct? In that case the bank authorities will take their qwn sweet time to decide or reject the application. secondly, since he has already given in writing that he will forego his pay for next three months, who will pay for his forceful woorking beyond the date of resignation? This may not be that important but since his family commitments are so pressing, that he has to be at home rather than in bank. In such situation, his remaining absent from duty beyond the intimated date of resignation be treated as absent/absconding/ indiscipline?
Please advice.
Regards
Hello sir,
My name is vivek arya, I am working in a IT company in noida(UP).
Please sir tell me about paternity leave in private sector india.
is this any section in india for Private Employee ?
Ashish
04 April 2013 at 22:27
Dear Sir,
I'm working as a Smartclass co-ordinator in Educomp Solutions Ltd from last 4 years. From last year i.e 2012, I am not receiving salary on time. And from this year i.e 2013, I didn't receive my salary from Jan month till date. As company (Educomp Solutions Ltd) seneiors says that due to financial poor condition this is happeneing. Now company is forcing to resign but I was doing my job with full dedication. Its not only me, almost most of the employee facing the same problem. Kindly help me and guide.
Dear Learned experts,
Judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], states that it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year's service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity.
According to gratuity Act 240 days=1 year for employees working above the ground and
190=1 year in case of the employees work below the ground or if the employee's organization works for less than 5 days in a week.
So is it correct to say that I am eligible for the gratuity by working 4 years and 190 days in an organization which works for 5 days in a week.
Manish Kumar
04 April 2013 at 10:35
Sir, I am working as PGT in a sainik school on regular basis in the scale of pay 9300-34800 + GP 4800. I am seeking the transfer to another sainik school in the same post and pay. But authority does not allow me for transfer. he tells apply as a fresh candidate in open vacancy and if you will be qualified then i will take you. (Vacancy of the post has also been published in newspaper). Legally is it correct? Can I apply there in open vacancy?
Pramod
03 April 2013 at 23:19
Now a days at corporate level compnies have invented lots of ways to keep employee away from the benefits of labor law. For example in pharma industry Medicals representatives are given designations as Sales officer, Field officer, Territory Manager etc.It is so because these people should not get any benefits under labour law.
My question is that whether an employee can file a suit independent of company for his harassment. If yes then what are the remedies . How to record or proof the harassment.
Example XYZ Companie's manager ABC is harrasing UVX who is a employee.in this case can UVX file a case against ABC.
kamal
03 April 2013 at 18:09
Respected Sir,
Firstly i apologies for providing incomplete information stated by me yesterday. I m thankful to my Ld. Seniors who helped me even in that seniario also. as stated by them i have stated the gist of the case as below.
"The Client had Approached me and he is working in state government organisation working for the poor and indigent person while providing them with hospital facilities and even other facilities too. My client had not got salary as per 6th pay commission since from financial year 2006-2007." SO what are the consequences for not implementing the 6th pay commission of the state government employee and where suit is to be filed"
Anonymous
03 April 2013 at 08:41
Hi sir, i have served my current company for more than 3 years. Now for my better career prospects i have resigned from my company. As per the letters issued to me by the company till date its clearly mentioned that i may give prior notice of two months or pay two months salary in lieu of period. So i have opted to pay the money and get relieved immediately. But my HOD started giving freebies and now he is saying that he will not relieve me until 2 months. But i need to leave this company immediately for my better career prospects. I have been negotiating with him since 7 days but no outcome. Also i consulted my HR manager but no favourable reply. What should i do now ? Please can any one suggest me what to do. My HOD is a KOREAN and i feel a foreigner has no right to spoil the career of an INDIAN.
J Moses
02 April 2013 at 19:48
Sir,
In A.P , GO.Ms.No.212 (Finance & Planning deptt.,) was issued to regularise the services of temporary/consolidated/dailywage appointments which are irregular and are not through Employment Exchange.
In the GO, in the conditions prescribed for regularisation, even the sponsorship by the EMPLOYMENT EXCHANGE is RELAXED.
So, My question is, for the regularisation of appointments which are sponsered by th employment exchange, is it necessary to use the same GO in which sponsorship is relaxed ? ( Appointed on ad-hoc basis in already sanctioned and clear vacant post on being sponcered by the Employment Exchange)
Penalties
dear experts
what is the penalty for non maintenance of labour wages book and labour attendance book under Karnataka shops act and under Karnataka minimum wages act