Member (Account Deleted)
23 February 2013 at 19:23
Hi,
I used to work for a privated limited company. Last week our Managing Director (who is infact the promoter of the company) all the employees of the company stating that he does not have fund to run the business. We are yet to get the salary for December 2012, January 2013 and February 2013. Moreover we are liable to get the notice period pay for 3 months in case of termination of employees.
In his offical communication addressing to all the employees, our MD has stated that he will try to pay the pending salaries by in phased manner but he is not willing to commit or provide us detailed plan of action to pay our salaries.
Our problem is that MD is not committing any date by which he will make payment of all the employees; which means he can take as much as time he wants.
And by what we know about our promoters, we think that they are intentionally delaying the payment of our salaries (despite we are backed by parent company which is 1000+ crore groups).
We need your inputs on how to get our pending salaires + notice period pay from the promoters of the company at the earliest. Also let us know if there are any rules related to the timelimit for paying the salaries post termination of employees.
Awaiting your response and help on the same.
Thanks in advance.
Best Regards,
JK
Shah Alam
23 February 2013 at 14:58
Dear Expert plz help me...
I am working as aaccountant in a Private limited Company but for the last three month they didn't pay my salary and now i am going to leave it.What legal action can i take against them.
Plz suggest me what i do inorder to recover salary.
Thanks in Advance
tapan chakrabarty
22 February 2013 at 17:59
Dear Sir/Madam,
Sec 7A. Rules not to be in derogation of the West Bengal Government Servants'Conduct Rules, 1959
—Nothing in these rules shall be construed to be in derogation of the provisions of the West Bengal Government Servants' Conduct Rules, 1959.
Sec 8. Repeal and savings
—(1) Subject to the provisions of rule 7A, as from the coming into force of these rules, the West Bengal Government Servants' Conduct Rules, 1959,shall, in relation to the Government employees to whom these rules apply, stand repealed.
Sir,
in Sec 7A above:
Nothing in these rules shall be construed to be in derogation......
now how the same can be repealed vide Sec 8?
Actually I could not understand the meaning of Sec 7A.
kindly help,
Prerit
22 February 2013 at 09:40
Dear Sir,
I would like to know the Minimum wage rate in Maharashtra for Hospital from 2004 to 2006
Dear Sirs,
I took a new 2 cylinder connection from HP gas distributor. At the time of purchase my father was forced to buy 02 numbers of cylinder stand with wheels, 01 number roti tava, 01 number knife set, 01 number zero B water purifier, 01 number gas lighter. All these accessories cost me 2150/- Rs and when my father dint accept it they said its compulsory. So as we needed gas connection my father took accessories with bill and brought everything at home. Now after that I checked HP website which says "Customer is at liberty to purchase gas stove/cooking range from any source provided it is approved by BIS" but these distributors are forcefully selling accessories to customers, and what’s the relation between Zero-B water purifier, knife set and roti tava with gas connection?. Also when I denied to purchase a gas stove from gas agency they said new connection will take upto 30 days because mechanic will come and check my present gas stove, when the mechanic came after 25 days he did some small replacements in my gas stove and took 550/- Rs from my parents in return and did not provide any bills for that but while giving the total bill gas agency has again taken 250/- Rs charges for gas service.
Sir, I need your help to resolve this matter. Please suggest me how to proceed against gas agency?
pranav thakkar, b.com, LLM, CS
20 February 2013 at 20:32
Few employees were terminated from a company without giving any reason. They have applied to labour court for reinstatement in the company. Now can company apply under order 7 rule 11 clause a for not admitting the case?
what is the other legal remedy with company so as that court do not admit the case.
According to one opinion as per ID Act the employees do not fall in defination of worker as their salary is less than 20000/- pm. Is this view correct?
Thanks
Vikrant Paraskar
20 February 2013 at 14:57
Dear All,
I recently quit my previous Employer and learned that my PF deducted by my ex-employer from June 2012 to Jan 2013 was not submitted along with the employers contribution. When I demanded my PF account number, I was shocked to know that they had still not registered and that I did not have a PF account(since this was my 1st job). My bank statement clearly shows that the PF amount was deducted, however after I claimed that they reimburse me with the total PF amount i.e my contribution + their contribution - they said that they wont provide me the company's contribution however return my deducted amount. Also, the salary slip provided was without the deduction of the PF and now that does not match my bank statement, I have proof of salary slips on other employee's name stating the deducted amount for PF.
I really feel cheated, because they falsely deducted the PF amount and utilized my money and second - the basic rights of PF to any employee is being denied.
Additional info - The company's current strength as of now is 40 employees, proof of my employment, salary slip of other employee's which states the deduction, False salary slip mailed to my inbox via an employee which is tampered, edited by the HR not showcasing the deducted PF, My bank statement which shows the deduction, tenure as an employee 14 months (31st October 2011 - 31st Jan 2013)
I kindly request the experts here to help me 1. get my PF 2. teach this company a lesson for their wrong doings.
Thanks & Regards,
Vikrant
B Manigandan
20 February 2013 at 08:24
Hello Sir,
I'm Manigandan from Chennai. I work in a BPO company in Chennai. We do general transcription work relating to insurance claims and also building surveys, outsourcing jobs from UK and Ireland. I have been with this company as an Editor since 2008. We do not have a HR Dept in our company. The owner of the company resides in England and will be here only once in a year. We have a GM as the head in Chennai.
I would be very grateful if you can clarify my doubts for the welfare of my company which we depend on for our living.
My first doubt is whether I can send a notice to my TL (in the best interest of my employer) for his mismanagement and other cheapest activities in office, which even when brought to the attention of our GM, is being turned deaf ears to. Our TL made his wife an editor two years back just to gain her trust and they got engaged and married but still she is doing only the transcription job not the editor jobs. A lot of time is wasted here which results in monetary loss to the company. Even if it is a penny, a penny saved is penny earned, isn't it?
For two years company's funds are being swindled in many ways. Whatever we say to our GM he replies saying he doesn't worry whatever happens because at the end of the day the work is done. He doesn't know who does what, who is who and what is what. This is not fair even at the very least, I think, in a company which is of course bound by the rules and reg of govt.
There is more to say and I have evidence of daily production and witness for all the cheapest and mischievous things the TL does in our office.
I would be grateful to have your guidance in this regard coz I couldn't bear the discrimination that has been going on here which I have not mentioned. The least I could say is that last week I thought calling Sneha Helpline coz of the mental harassment I face at work. I couldn't spend quality time with family coz the thought about my office is deep in my heart except when I'm asleep. I don't know what to do. I fear for job security if I pursue this matter but at the same time I fear for my life security if I don't pursue same.
Sir, there is a lot of mismanagement here (both leisure and pleasure in office). I couldn't state everything coz I'm in the shift and couldn't waste time. Please help me and I'll provide all the evidence. Please consider this as urgent, sir.
Please tell me whom to contact. I want to live, sir. Please help me. Thanking you in anticipation.
Why this flaw in our judicial system?
Dear experts
Why High Courts send back a cases to a civil court after rejecting a writ of ceritori of workman who after advise of lawyers filed his case in labour court and fight for 5 to 6 years and also proved with documentary evidences that his termination was illegal but since it has been awarded by lower court or upper courts that he is not a workman he has to start a fresh case for appropriate remedy in civil court for damages or compensation when if after winning from civil court he has to face again the same High Court approached by his employer now.
Is this not a flaw in our judicial system in which a litigant got trapped unnecessarily in time consuming procedures without any fault of his own as he only followed advises of lawyers and put his case in the appropriate jurisdiction at lower level.
Are there any ways in which HIgh courts can proceed on issue of illegal termination (or discharge simplicitor) only and decide now the compensation and not reinstatement ignoring the fact that whether employee is workman or not ?
please give your advise on this issue
rgds