N.J. MISHRA
25 March 2013 at 12:39
DEAR MEMBERS KINDLY ADVICE;
ONE OF OUR EMPLOYEE WHO HAS SERVED OUR COMPANY FOR 7 YEARS WAS FROCED TO RESIGN FOR NOT PROVIDING ACCURATE ACCOUNTING DETAILS AND THE LOSS CAUSED TO THE COMAPANY HAS BEEN DEDUCTED FROM HIS SALARY; HOWEVER, OUR COMPANY TOLD THE EMPLOYEE TO RESIGN FROM THE JOB OTHERWISE IT WILL ISSUE TERMINATION LETTER WHICH WILL RUINED HIS CAREER. THE EMPLOYEE UNDER FEAR HAS RESIGNED AND NOW ASKING THE COMPANY TO PAY HIS GRATUITY. THIS IS THE FIRST INCIDENT HAPPENED IN HIS CAREER FROM LAST SEVEN YEARS AND MAY BE DUE TO NEGLIENCE ON HIS PART.
AS PER SEC 4(6) OF PAYMENT OF GRATUITY ACT IF THE LOSS CAUSED TO THE EMPLOYER DUE TO MISCONDUCT OF EMPLOYEE THEN THE AMOUNT PAYABLE TOWARDS GRATUITY CAN BE FORFEITED TO THE EXTENT OF DAMAGE OR LOSS CAUSED.
NOW MY QUERY IS THAT DESPITE THE COMPANY HAS DEDUCTED THE AMOUNT OF LOSS FROM EMPLOYEE'S SALARY, STILL CAN FORFEIT THE AMOUNT PAYABLE TOWARDS GRATUITY.
HOWEVER, THE COMPANY DOES NOT HAVE ANY EVIDENCE TO SHOW THAT HE WAS TERMINATED BECAUSE COMPANY PRESSURIZED HIM TO PUT RESIGNATION LETTER. WHAT WILL BE THE OUTCOME IF COMPANY FORFEITS HIS GRATUITY AMOUNT.
Bhupendra Singh
24 March 2013 at 19:38
Hello Experts,
I was working with one Pharma Company (MNC).I was associated with that company for 23 month, Here I supposed to conduct some activity with Dietitian like Parents Counselling and a proper agreement was signed between company and Dietitian, Where she was eligible for Rs 500 per Parents counselling.I had submitted claim for Rs 13500, which was approved by Line Manger and Pending at Finance.I has preserved the screen shot of same from online portal of Company which can be presented as Proof.
HR of company haven't issue me My appoint Letter during my tenure and now i had resigned from that Company.Recently I had received my F and F letter where they asked me for recovery.And there is no details of My Claims, No Reimbursement of Claims.
I had written regarding this to my line manager and he replied that he hasn't received the claim yet and will give me once he will get my Company.
Now what to do in this case.I was not issued Appointment Letter and they had made a notice pay recovery for month. Is it possible to Make notice period recovery by employer without issuing letter when employee gets separated.
How can i get my claims from them.
Priya
24 March 2013 at 13:44
sir,
I am working in an autonomous body under central govt. Now i have been selected in PSB. I have not informed my employer at the time of applying and subsequently i passed the interview and got selected in PSB. Shall i resign the previous job by citing the new job as reason for leaving or else can i resign citing the reason as personal grounds? Which one is better? I have not yet joined the new organization. pls. guide me.
Bhupendra Singh
23 March 2013 at 20:47
Hello Experts
One of mine friend was a teacher in missionary school. He got selected and Joined Central Government Job as teacher in KV.But at time of joining he han,t resigned from Previous Employer where a certain portion of his salary was deducted for PF.He then resined after three month.
Now he is worried if some audit comes then he may loose his current
job as it is case of dual employment.
Pls throw some light.
Ram Krishna Jha
23 March 2013 at 19:40
Dear sir,
I am working with M.P. govt. PSU MPPKVVCL as Account Officer since 03.12.2012. Now I am selected in raileay's PSU DFCCIL. At the time of interview I produce NOC to DFCCIL.
My quries are as under:
Can my bond is transfered to DFCCIL?
Can I eligible for technical resignation?
Kindly guide me.
Shailza Singh
23 March 2013 at 14:37
Sir
if any company (BPO,LPO, Real Estate having more than 50 employee not issuing appointment letter not even salry proof what should be legal procedure
does the appointment letter comes under any act or section of labor law/company law
yogi
22 March 2013 at 17:19
In the wage revision agreement executed between organisation and union there is a clause stating " If staff members resigns from the services within 10 years from the date of joining then shall not be eligible for Privilege leave encashment"
Is it contradiction with the act governing leave. Or the organisation is right to set it own rules relating to leave enchashment.
Durga chatterjee
22 March 2013 at 15:10
Dear Sir,
This query is in relation to my previous query for opening a new restaurant. Please guide on which are the acts applicable related to manpower in the restaurants and the records we need to maintain so that we can show the same when an inspector pays visit.
Thanks & Regards,
Durga Chatterjee
Durga chatterjee
22 March 2013 at 12:50
Dear sir,
I would like to know which are the licenses required to open a restaurant in Mumbai. Which are the legal formalities to do and the acts applicable so that i can start my restaurant peacefully in Mumbai without being harassed by govt. inspectors.
Please help me. Also let me know what is the fee i need to pay per license required.
Thanks & Regards,
Durga Chatterjee
chatterjee_durga@rediffmail.com
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Min wages act - salary designing
Dear Experts:
Ours is a organisation with 50 employees. We are planning a third party contract for 2 office boys. Now I need clarity on designing their salary with the third party vendor. I need clarity on the following:
Is it necessary to have their Basic as Rs.5000/-?
I guess the DA varies and its compulsory to pay DA based on the Min Wages Act which currently is Rs.1076/- However is it necessary to pay HRA which I am told is 5% of Basic + DA.
Can I not design the salary keeping the basic amount as 4637+ DA as 1076 + HRA which is 5% of both which is 285/- therefore their gross salary would be 5998.65/- per month.
I request you all to please guide me on the above asap.
Regards,
Linette