Member (Account Deleted)
30 December 2012 at 12:07
I am working in a mnc in noida .here from last 3 months my MD has started mentally harrising me by different , different ways.Furthur the Hr is also treating me in very rude manner .
I think that they are willing to terminate me but there is no such point on which basis they can do this so for this they are preparing a ground on which they can proceed.
plz help and guide me that is there any legal action i can take against them.
Member (Account Deleted)
29 December 2012 at 23:40
Sir, I studied MBA from an institute which final examination was held in June '12 but they have not declared any result nor any certificate inspite of repeated inquiry.
What can be done against them if they really don't intend to out any result or cerificate(degree) and get my money returned?
Please reply .I am from a middle class family and managed somehow education expenses.I am very depressed.
Kapil Tiwari
29 December 2012 at 19:51
As per the EPF rules (para 69), a member may be permitted "to withdraw the full amount standing to his credit in the fund on ceasing to be an employee in any establishment to which the Act applies provided that he has not been employed in any factory or other establishment to which the Act applies for a continuous period of not less than two months immediately preceding the date on which he makes an application for withdrawal".
If I act as follows:
1) I resign from previous job on 31/12/2012.
2) For two months I remain unemployed or take up employment in an establishment where EPF is not available or applicable.
3) I now apply for full withdrawal of my EPF accumulations by 7/3/2013 alongwith the requisite declaration that I was not employed as per para 69 for the previous two months.
4) I take up a new job, where EPF is applicable and available on 15/3/2013.
In this manner, will I have withdrawn by entire EPF accumulations legally and in conformity with the rules mandated by the EPF Scheme? Kindly advise if taking up employment for these two months, prior to making application for withdrawal of EPF accumulations, in an establishment not covered by the EPF Act, legally permitted in this case or one must be totally unemployed for the two months after resigning from the previous job and immediately preceeding the date on which he applies for withdrawal of the accumulations (which is, 7/3/2012 in my above proposed action plan)?
Rakesh Kaushik
29 December 2012 at 11:51
Dear Respected all,
Kindly advice me on Gratuity.
My company make CTC.and in CTC deduct Gratuity amount and says if any employee work 5 yeras then company paid Gratuity amount.
Kindly advice me What Gratuity part of CTC?
Its Legal or not ?
Kindly advice.
Regards
Rakesh Kaushik
Sudama Prasad
28 December 2012 at 11:20
Under control of a Regional manager of a nationalised bank 3 Self employment training institutes are functioning.On 19.12.2011 directors were appointed on contract for 12 months.Performance appraisals were submitted to Regional manager who in turn forwarded to the corporate office of bank with his comment for extensi-on of contract period.My performances in every parametres are much better than 2 others.But the Regional Manager had been biosed with me from very begining & ultimately put adverse comment.Evidence are there for his bioseness Can I challenge in court
Priyanka Vijay
27 December 2012 at 15:25
Is it necessary to make five days working week if the daily working hours are extended up to 9 hours?
or does working hours includes lunch or breaks time?
P.C. Joshi
27 December 2012 at 06:51
Friends, pls advise on the following query. A compny has appoinmted ten temporary persons aas a field staff thjrougj a manpower agency to promote its products. As per the terms and conditions agreed betweem the company the liability of thje payment of wages and statutory compliance is on the agency. The agreement can be terminated by one month notice. Due to cost cutttimh measures the company decided to terminate the services of the temporary staff engagef through the agency from december eowe and intimated the agency for tytermination of contract. The account of the agency including wages for nov is yet to settled by the company. In the mean time it has been noticed that the agency has not paid the salary of nov to the staff. Please advise what is the liabilty of the company in case the agency defaults in payment of salary to staff can the company directly pay the salary to staff also please advise what legal action the company take agaimst the agency. Thanls p c joshi
Kapil Tiwari
27 December 2012 at 02:01
I am a member of the Employees Provident Fund and have been voluntarily contributing 100% of my basic salary (Rs.6,500/- per month) for the last several years.
I am not married and do not intend to get married or raise a family. I have the following members in my family:
a)my 82-year old mother
b)one married brother
c)two married sisters
I have just come across 2 clauses in the EPF scheme :
1)"If a member has a family at the time of making a nomination, the nomination shall be in favour of one or more persons belonging to his family.
Any nomination made by such member in favour of a person not belonging to his family shall be invalid."
2)"a family” means—
(i) in the case of a male member, his wife, his children, whether married or unmarried, his dependant parents and his deceased son’s
widow and children."
I have nominated my 82-year old mother. However, she has her own sources of income like bank interest, rental income, etc. and files her own Income Tax Returns. But she lives with me in my house and I look after her well-being. Can she still be classified as a "dependant" parent? Other than my old mother, I have no "family" as defined in the Provident Fund Act, and hence no other choice.
My queries are:
a)whether, my nomination of my mother as my "dependant" parent is valid and correct,
b)that the entire amount(corpus) in my EPF account will be handed over to my mother without any undue complications in the eventuality of my death,
c)can I appoint my sister or brother or nephew as my nominee, if my mother pre-deceases me (dies before me), and as long as I am not married even thereafter and do not have a "family" as defined in point 2 above? When I cease to have a "family" as per the EPF rules, can I nominate any other close relative and the entire accumulations will then be paid to this nominee without complications in the eventuality of my death?
Dear Sirs, I shall be grateful to receive your advice and guidance.
Thanks and Best Regards/Kapil Tiwari
Raju Balodi
26 December 2012 at 18:03
Dear Experts,
My Company in which I am already working since last one and half year wants to enter with me a bond (contract) of 3 years in which the Company wants my commitment not to resign till the completion said 3 years from the date of appointment as Manager (Secretarial), I want to know whether it is legal as per Indian laws and under which law.
I need your kind guidance in this regard.
With Warm Regards
Raju Balodi
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Whether workman can argue his labour case himself
Dear experts,
After giving three chances for starting arguments workman's lawyer is not attending and skipping the start of argument.
The workman has already prepared written arguments in consultation with his lawyer before these three chances but on advise of his lawyer he did not submit it in court on these three chances.
My question is whether he can submit these written arguments in next hearing if this time again his lawyer skip the hearing and start oral arguments using his written arguments on his own.
Whether Judge have power to refuse workman who do not want to delay his case taking place for the last 5 years in labour court to argue his case since workman is betrayed by his lawyer three times.
Rgds