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

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Shaila S. Rao   29 March 2013 at 20:35

Reg: gratuity

Dear Experts,

The co. where I am working is a family run business and there is no rules and regulations followed by them - like no appointment letter - so no employment terms followed.
My question is there are few employees who have already attained the age of superannuation and continuing their services in the company. Is gratuity can be paid until their services in the organisation? for eg. if an employee is physically & mentally fit to work and continues till the age of 65 Yrs - can we calculate Gratuity for his service till 65 yrs?
Also what labour law says continuing an employee in the service without retiring even after attaining the age of superannuation?

With Regards,
Shaila Rao

Member (Account Deleted)   29 March 2013 at 18:18

Company not providing experience letter, relieving letter and salary

Hi,

I had worked with a company for 9 months.

I had resigned from the company and as per the contract the notice period was for 1 month (30 days) but they made me serve the notice period of total 48 days.

I would like to bring to notice that the company doesn't provide any Appointment letter/ joining letter at the time of joining.

It has been almost 4 months but still I have not received my Salary for the last month and Experience and relieving certificate after requesting for multiple number of times. I have mailed them a lot number of times requesting salary and documents but have not replied with any acknowledgement to my email.
On giving a call they informed me that they will process it in the same month but the needful was not done, on reminding again a month later they are giving a different response stating that they don't give pay to employee leaving before one year nor experience letter (I have not signed any such bond).

As they are giving different response, I am not sure they will actually do the needful. Also they never give exact response in written and they are diplomatic in replying to us (I mean they may not provide the salary and all but will never say a no directly).

I had got response from ex-employee of company has such record of not giving experience letter to employee and unnecessary harassing them.

Also I did applied for closing my EPF account before my leaving but on recent inquiry they informed me that they have still not sent my documents to EPF office.

Please guide me what to do for retrieving my salary, relieving letter and experience letter also help me with how to retrieve my EPF money.

Jeetu   29 March 2013 at 02:23

Not serving notice period

Hello,

Recently I changed my job and left my previous company where i worked for around 4 years. As my new employer want me to join on immediate basis due to training requirements, hence I did not get option to serve my notice period to my last employer.

Now after few months I got the legal notice from my previous employer asking for payment of penalty amount as per agreement of employer which were signed during joining of company and during appraisals.

however I haven't signed any bond or any other document apart of basic employement agreement.

Could you please let me know how to deal with this situation by providing the best possible solution on this?

maithriforex   29 March 2013 at 00:02

Wrong entries in employees bank account

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TEJ NARAYAN RAO   28 March 2013 at 22:32

Provident fund

A contract labour is getting wages of Rs.8008/- p.m. as per Central Sphere Minimum Wages.

The contractor is deducting PF @ 12% of Rs.6500/- instead of Rs.8008/- and depositing equivalent amount in his PF Account.

Is it not a violation of extant rules?

Experts on the subject please guide.

Member (Account Deleted)   28 March 2013 at 20:54

Regarding noc

sir, i am working in a rajasthan state govt job. I have applied for NOC for appearing in the examination of a psu, before applying to the examination.but i have not get any reply even after four months, neither they accepted it nor have they rejected.I apeared for the exam and got selected. now at the time of interview they are telling me that you should have applied before.and asking that under which rule we should give NOC to you
kindly tell me that what I should do??
what are the rules regarding NOC? i am not under any type of bond obligation.

kavi   28 March 2013 at 20:26

Child care leave

I want to know whether child care leave availed for 2 months can be extended further for 4 more months with medical certificate.

kavi   28 March 2013 at 19:45

Resignation procedure in BSNL

Sir
I am working in BSNL for past 2 years. Probationary period not yet over. Bond period is 5 years. Now can you please tell me the procedure for resigning from BSNL. Is there any notice period. what are the formalities

Anonymous   28 March 2013 at 19:26

Child care leave

I want to know whether child care leave availed for 2 months can be extended further for 4 more months with medical certificate.

BALA   28 March 2013 at 15:19

Applicability of building & construction workers act to elevator industry-reg

Dear Legal experts,

Our industry is a Elevatory manufacturers selling and installing elevators at customer sites.recently we were asked to register under BOCW act in one of the customer site as we are contractors for installation of elevators and escalators.To my knowledge none of the elevator industry has registered so far in construction site .Kindly advice whether we are covered under BOCW ACT.

Regards,
Bala