Nitin
02 February 2013 at 08:08
Hi,
I am working with an MNC from last 4 years. I was sent to UK for a project from India. They assigned me too much work to complete everyday. The work can not be completed in regular shift of 9 hours. Also I was working in night shift. I was ready to work 2 hours extra to finish my work everyday. However, work could not be finished. This is not a one time issue. It was to go for next 3 months.
I asked my reporting manager that how we can come to a solution. My reporting manager said that whatever target you have been assigned for the day, you have to finish that. Also until you finish your target you can't go home. So you may have to work more than 11 hours or 12 to 14 hours per day. Also you may have to work on weekend too. If something happens to your health then company is not responsible. We have insurance cover for you so you can use that. Also company will not pay you anything extra for overtime.
When I joined the company then I signed the papers stating that I will be working for 9 hours. Though I was ready to work 2 hours extra but still my management sent me back to India from UK because I refused to stay back in office until I finish my work because I can't spoil my health to earn money.
Could you please suggest me that If I can file a case of harassment against them? Also they are threatening me to quit the job also. This job is my bread and butter.
Please suggest..
K.S.Srinivas
01 February 2013 at 23:23
In the organisation viz.,APTRANSCO, there are three different services. They are Engineering Service, Accounts Service and Personnel service. In the Engineering Service topmost post is Chief Engineer/Chief General Manager,in the Accounts Service topmost post is Financial Adviser & Chief Controller of Accounts (FA&CCA)and in the personnel service topmost post is Joint Secretary. The posts are carrying the following pay scales:-
CE/CGM: 39860-1430-44150-1585-52075
FA&CCA: 39860-1430-44150-1585-52075
Jt.Secy.: 38430-1430-44150-1585-52075
The duties and responsibilities of CGM (Adm) and Jt.Secy. are identical nature and all are independent posts in the respective services.
A notification is issued in a PSU of AP for filling up of the post of Director (HRD). The eligibility criteria mentioned is that the candidate should in the rank of Chief General Manager or equivalent rank with any degree. In the rules book of the orgn, there is no mention about the equivalent rank.
1. How to decide whether the post of Jt.Secretary is equivalent rank to that of Chief General Manager?
2. Equivalent rank can be decided based on the nature of duties and responsibilities of the posts or based on the pay scales attached to the post?
3. Case laws if any, may kindly be cited.
4. It is learnt that my through proper channel application is not forwarded by the APTRANSCO with the contention that Jt.Secy. is not equivalent rank to Chief General Manager. The action on the part of APTRANSCO in not forwarding the application to the other PSU is correct? However, I have despatched the advance copy. The last date for receipt of application by the PSU is 31-1-2013.
5. What is the course of action that can be taken?
It is requested to kindly clarify the above points.
6. In my opinion the forwarding authority has no right or business to decide about the eligibility of the applicant. It is the authority who had issued the notification i.e., the PSU (a different organisation) who has issued the notification. In this regard can I move the court in respect of another application already submitted to a different (2nd PSU)organisation as the last date is 14-2-2013.
I request the advice of the respected experts on the point no.6. The experts Sri Sudhir Kumar, Sri Makkad Sir and Sri Dhingra Sir may kindly guide me.
skg
01 February 2013 at 16:27
Dear experts
A company having a offices at one place in delhi and a factory at different place in delhi.
A workman posted at the factory performing clerical work is fighting his illegal case of termination at delhi for the last 2 years to be reinstated with full backwages including unpaid increments of two years,continuity of service and consequential benefits.
In the meantime management thru an application prayed for amendment of their WS stating that the aggrieved workman can not be reinstated at Delhi since now the factory where he was lastly posted has been shifted to uttarakhand and other workman have taken their full and final and now their is no operation at this factory.This fact should be taken on record in their WS.
Managment also offered a fresh employment mentioning that if the aggrieved workmen is still unemployed he can rejoin but on same terms and condition of his previous appointment letter at their factory located in Maharashtra without prejudice to their right and contention in this case going on at Delhi?
My question to the experts is that
1) whether when a case is pending adjudication in Delhi (where workman wants reinstatement), by shifting the place of posting and offering fresh employment to a far away place on same terms and condition without employer's prejudice to the right and contention in the case, will be a
contravention of section 33(1)(a) during pendency of the case
2)whether it will constitute an alteration in condition of service since
a) his continuity of service on which long term benefits depends is broken as they say that offer is fresh,
b) he after passing of two years is being offered salary of that time when he was terminated and
c)this fresh offer of employment is given without express permission of court where the case is pending.
3)whether without mentioning/adding working conditions of factory of Maharashtra in the old appointment letter contravention of section 33(1)(a) have occured keeping in view that one of the office of delhi is still functional
4) whether this offer of employment smells of unfair labour practice or is fair in eyes of law.
pls provide your expert and valuable opinion with case laws specifically covering section 33(1)(a).
rgds
skg
Manu Sharma
01 February 2013 at 12:22
Hi
I was working in one of the IT company in bangalore.
I resigned on January 16, 2013 and got mail from HR for resignation acceptance on January 31, 2013. I got relieved from the company after submitting all my assests and clearances from all the department from the company. I have a photocopy of exit clearance form duly signed by each department representative and HR.
But they have not given me the relieving letter and full and final settlement letterand Form 12B of income tax.
My question is, What legal options can I exercise against them if they do not provide me the relieving letter, full and final settlement letter and form 12B for income tax?
regards
Manu
gajanan
01 February 2013 at 12:08
Dear Siur,
My Cousin Brother working in private company from since 10 year but he have not pf account number and company each and every month deduct his PF Amount so please confirmed me that how to check his PF account number.
Thanks & Regards,
Gajanan Sawant
sawant.gajanan@ymail.com
raghavendra
01 February 2013 at 10:13
sir,
we have already running hotel in bangalore , now we want to convert that hotel into star hotel , what are the legal compliance we have to follow ,please guide me.
thanking you
Abhay Ahuja
31 January 2013 at 14:05
I was working with a company. About 6 months back, I resigned and started a business. At the time of my exit, I had filed up my forms for withdrawal of PF. However, the form was rejected by the EPFO. Now that the company is shutting down, how can I make the application for closing my PF amount?
achyut
31 January 2013 at 13:24
I other 900 candidates were selected for the post of Jr. Asstt. (LDC) by State Govt. for appointment in different Directorates (Dte.) of the State in 1988. Subsequently all were distributed in different Dte. Few of them joined in their services but few Dte. were opposed to appoint the other candidates and send back their name to selection authority. The case came to the floor of Gauhati High Court. After 6-7 years, High Court directed to appoint few of them in Emp & CT Dte. These new appointees were now claiming seniority with the others who were selected later but joined before them. In the judgement of their appointment, High Court silent on retrospective of their appointment.
Now I would like to know whether the petitioner will get seniority than the appointees who were selected later but joined earlier than them.
Thyagarajan
30 January 2013 at 22:40
Dear Experts
Usually a project initiated for welfare of the public ,statutory authorities of local government employ contractors. If the way of execution given by the authorities are not as per prevailing rules and if the contractors complete the project following the way given the authorities ,should both the parties are responsible for improper execution? Con any member give case laws pronounced on judgments?
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Regarding suspension
respected sir
i have been under suspension since 02/12/2011.until now corporation has not done
any correspondence in respect of revocation of suspension or termination.
meanwhile taking due permission of branch office,i appeared in govt.dept. exam.
after i am selected in final list.but now i wish to know from you whether i can resign from existing post as well as join next job?sir i have 1 month in hand to join new post.currently i am in suspension under 36[2] of lic staff regulation 1960.