Uma Shankar
19 January 2013 at 16:36
If a person is working in a public limited company for the last 8 years. He resigned from that company giving ten days notice. Now more than 50 days passed away. Meanwhile the employee joined in other organisation.His previous employer is not accepting his resignation. What remedy the employee have?
Amarnath
19 January 2013 at 16:18
Dear Sir,
My Name is Amarnath. I have resigned from Facilities and Building Solutions Pvt. Ltd., Bangalore from the post of Assistant manager and have served my notice period of 30 days from the date of resignation. Today 19.01.13 is my last day of the notice period. This firm I am working in being a consultancy(construction field) I am working in the project site and I was to be relieved from the site and the site relieving letter had to be signed by the project in charge. But when I approached our project manager my relieving from the organization was denied also I have been told that if I dont agree to continue with the organization I will not be getting any settlements/experience certificate. I tried contacting one of our Director who did not answer my call since morning. Later I spoke to our Managing director who also mentioned that I will not be relieved untill a new person joins as a replacement to my position. Also I have not been paid for the month of December 2012 as per the company policy after resignation till date. Request you to kindly advice me on this. What do I need to do? Please advice. I have done all my assignments properly closed out all my duties, I have handed over all required data and details to the concerned.
Regards,
Amarnath
Nalin
19 January 2013 at 00:14
This is to seek your guidance as an employee who has been fired by the employer in an hour without prior intimation.
I was called for an 'Anual Apraisal Rating' discussion meeting today at 2:00 PM. The points they kept forward are:
1. Due to my non-performance during the last year I have been awarded a rating of 4 (scaling 1-4), hence ognanisation has decided to part ways with me.
2. I asked them to give me a chance to proove myself and treate this as a last warning, they abruptly said that the decision has been taken and now I am having two options left with me.
1.If I resign then and there I will be awarded a basic salary for 4 months and my 'backgroung-check' will be "Green", there will be a smooth exit.
2.If I do not resign, then company will initiate termination for me and they will award 3 months of basic salary. Main part was that they threatened me that in this case my "backgroung-check" will be "Red"
I asked them some time to discuss the same with my father and my fiance, she is an LLM from NLIU,bhopal, but they refused the same and asked me to decide then and there. I told them, this is an infringement of my Fundamental Rights and I have all the right to take my time for considering the decision on legal as well as personal basis. After this discussion they suddenly abandoned my all the access to the system as well as office premisis.
They have asked me to meet on monday.
Despite the fact that last year I was on a long medical leave for about 3 months, due to an accident. The resposibility of providing the project or assignment to you lies with the management, and even after making a lot of efforts myself to get the project I was not able to get one. That too not because of "incompetency" but other official factors as:
1.There were delays in documentation and the position was filled already
2.Due to scrapping of the opportunity
3.Due to competion among the project managers to hold me for their assignment and consequntly it did not work out
I have got the evidences to proove all my stakes but as they are all in the company system, for which my access has been abandoned abruptly, I am not able to enclose the same here.
Please help me secure my rights and guide me to present my case on Monday.
I will be grateful,
Thanks,
sanjay kumar sharma
18 January 2013 at 22:10
I joined as a PA through passing UPSC stenographers Exam 1988 ranked 46. I became PS in 2003 seniority list.alongwith other batchmates of 1988 exam. Persons juniors to me in rank in PA exam of UPSC became senior to me in and placed in 2002 and 2003 seniority list of PS above me. Is it not wrong on part of DOPT to make seniority list. Is there any judgement of HCs or SC or what are the options available to me if DOPT do not consider my representation.
XYZ
18 January 2013 at 19:45
We were organizing and event, where in the people working internally with us were plotting against us and we didnt understand as they were like our friends. we took all the licence required to organize the event as well as paid in advance to all vendors etc, they were no artist because members from our group were the upcoming artist etc,so they themselevs were suppose to perform. but on the day of the event everyone who was involved to make this event vanished by switching off the mobiles etc. the crowd was howling and didnt allow us to see what went wrong where. then we had to call for the police, but than listen to us they moved the crowd out and took our car and left us alone at the venue. next morning we went to the ps to file a complain as to what happen to us,so the CI of that police station told us to go home and switch off our mobiles that our clients were aware off and told us to give him an alternate number, but we refused to switch off our mobiles and told we shall wait no matter how long will it take the CI to come to station. because switching off our mobiles would be that we are defaulters. when the CI came in the ps after 1hr, he didnt bothered to listen to us and some boys who were our clients and who we were talking to help us in this matter, the CI called them in and told them to file an FIR on us of 403,406 and 420. and inspite telling the CI that these clients are our people, we know them and we will refund they ticket money but help us catch the ones who have put us in trouble. so the CI tells you are not the local people so dont blame the local people. the complain has to be filed against you since your not local and sent us back home telling us to switch off the mobiles but we didnt listen to him and kept the mobiles on. then due to emergenancy we had to switch off our mobiles but we are in touch with our clients through mails assuring them that they will get the money back. we sold only few tickets in hand to selective people, and we had a sponsor who sold maxium number of tickets, the money that was collected by us went in for the permissions etc and then to the vendors advance. the main person to plan about this event had the entire authority to take decision etc because he was bringing the sponsors etc, so all the payments he use to say give it in cash as these people are local and they dont deal with cheques etc. the main person to plot against us has vanished since the time of the event. we need help, we dont know what to do and who to go. we have appointed a criminal lawyer to get anticipatory bail for us but he has still not been able to bring its been 15days and is prolonging saying due to sanskranti etc. now how should be prove our selfs, we want even the media to come in because my company is a very old and a known company. I am suffering for Neurofibromases in the brains and my doctors had adviced me not to take stress. but as am not able to reach the right people am dying with in. I need social media, print media and electronic media help that when a women is involved in a false case how nobody wants to help but to extort money. My family background as well as my background is clean. I have no dirty habbits such like smoking, drinking, fashion or anything,am just a simple girl who wants to work hard and stand on her own feet. I need justice please help and advice right median
Amit Wadehra
18 January 2013 at 16:29
I am working in Public Sector Undertaking in the Executive Cadre. The Undertaking is governed by its own Recruitment, Promotion & Seniority Rules.
I am holding regular BBA(CAM) & MBA (HR-IR) degree from GGSIP University, Delhi and also Post Graduate Diploma in Labour Laws from Indian Law Institute, New Delhi. I was shortlisted to appear for Interview on 24.02.2006 for the post of Management Trainee (HR) under Company's campus recruitment scheme, I was selected as Management Trainee (HR) vide letter dated 15.02.2006.
2. After successful completion of my Training as Management Trainee (HR) I was appointed as Assistant Manager(HR) w.e.f. 03.04.2007.
3. Further, it is informed that Mr. X and Mr. Y were appointed as Management Trainees (Vigilance & Security) and their training in the V&S Cadre commenced from 01.02.2006, on successful completion of their Management Training program they were appointed as Assistant Manager(Vigilance & Security) w.e.f. 01.02.2007 and subsequently they were confirmed as Assistant Manager (Vigilance & Security) in Z company (PSU) w.e.f. 01.02.2007.
4. I was functioning and continue to function to the fullest satisfaction of my superiors as Assistant Manager (HR) w.e.f. 03.04.2007. The Corporation segregated the Vigilance & Security Cadres in the Manpower Restructuring Exercise which took place in 2008, and showed no post for Assistant Manager in Vigilance Cadre.Mr. X and Mr. Y were working as Assistant Manager (Vigilance & Security), subsequently in September 2008 they were re-designated as Assistant Manager (HR) as per option given by them.
5. The Rule position in this case may please be confirmed. As far as I know the rule position in this case is that any new entrant to the cadre would be junior to the incumbents already in the cadre and this is the practice prevailing in PSU also. In the Seniority list of the officers as on date it is seen that Mr.X and Mr.Y, Assistant Managers has been shown as senior to the undersigned in the seniority list of AM HR) whereas they are junior to me as they have joined the Cadre in September 2008 where as I was already in the cadre w.e.f. 03.04.2007. Moreover, Mr. X & Y do not even fulfill the minimum prescribed qualification to hold a post of AM(HR) as per the Recruitment, Promotion & Seniority Rules
I have submitted many representations to the Chairman of the Company to restore my seniority above Mr.X & Mr.Y as is legally proper but no answer has been received by me till date. Now, I have been promoted to Manager (HR) only after the grant of promotion to Mr. X & Mr. Y in HR Cadre only.
The executive post start from Asst Manager (16400-40500), Manager (20600-46500), Sr Manager (24900-50500), Dy General Manager & so on.
What is the remedy available to me. The interest of Mr.X & Mr.Y is protected at the cost of my career as whenever, the post gets vacant. I'll be clearly at loss always in case no post gets vacant in the next level. Need help before its too late.
regards
Komal S Lonkar
18 January 2013 at 14:46
Resp. Sir/Mam,
I've a client, who applied for pf registration in Jan 2012, but didn't deducted/deposited even once, now he is ready to pay the arrears, i wanna know weather he has to provide for the arrears in ecr or in seperate challan available on epfo site.
Bhuvaneswari P
18 January 2013 at 11:58
Sirs,
One of our employee whose monthly salary for this FY 2012-13 is 7250/- drew only 4950/- in Dec 12 due to Loss of pay.
Shud he be registered as EPF member juz becos he drew below the slab for this particular month ?? if so,
A person whose salary is being fixed at Rs. 25k p.m joins the orgn only by 25th of the month, shud he also be enrolled ??? (Rs.833 * 5days = 4165/- which is below slab)
If your answer is going to be “no need”, it wud be helpful if I can get a reference from the ACT to safegaurd the employer.
Cos, once enrolled it becomes mandatory for the employer to deduct evey month till he leaves the orgn…rite ?
thanks,
Hash N
17 January 2013 at 23:18
hi,
can you please guide me , if employer fires employee without handing over experience letter and relieve letter? severance pay is given for 1.5 months in this case.
thanks,
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Delay in inquiry
Sir,
Although all the witness from my side as well as from Disciplinary Authority side
has been examined/cross examined in respect of my suspension case. But he is postponing date for my deposition for the last four months. Even when requested to fix
the date for deposition, he says that he has got other important task from
the govt. so he can't decide when to fix the date for the last deposition from my side.
Now someone told me that
if there is delay in completing the inquiry process, there is provision in the law
journal to allow the govt servant to continue in his usual office pending completion of inquiry procedure.
So I request you to help me if there is any such provision in any law. ?