venkatadri
03 November 2012 at 12:49
I am a party-in-person in a labour matter.
In the course of proceedings, on a particular issue viz., an IA (mine) was dismissed and I appro ached the Highcourt and the IA was remanded for fresh hearing and disposal.
My present query is presuming my IA is allowed - can the other side go for a Writ Appeal at HC - when already at the Highcourt level the court was heard and remanded.
Deepak S Bijur
02 November 2012 at 08:10
Dear Members,
I am currently working in private company under probation period & I have got offer from government institution. I have submitted my resignation on 30th October and date of joining govt institution is 19th November. The Manager has asked me to serve 30 days notice however, I explained to him that I have to join on 19th November, but he wants me to serve notice period and not willing to accept notice pay.
The terms of employment is given below:
"This contract of employment between you and the Company may be terminated by either party ,during the probation period, by giving 30 days notice or gross monthly salary in lieu thereof. However, release from services of the Company will be subject to satisfactory handover of the responsibilities assigned to you with prior approvals fro immediate managers and BU heads".
It is an urgent matter and hence, request your earnest response. Thank you in advance.
skg
01 November 2012 at 21:11
During a labour case (of 2008) of illegal
termination issues framed by LC are
1)whether claimant a workman u/s 2(s),
2)whether termination illegal and
3)relief?
In statement of claim as well as thru his legal notice claimant have claimed certain unpaid benefits declared under employee welfare schemes not given on his full
and final settlement and clearly written in a clause of his appointment letter which says "You will be paid as follows :- Basic salary + ........... + other benefits/facilities applicable to employees of your level in accordance with company's rules/ schemes in this behalf."
After passing of two year of termination i.e in year 2010 and perusing evidences submitted by workman, management before submitting their evidences send a fresh offer of employment to claimant saying that it is on same terms and condition on which he was last working i.e. of year 2008 and to a factory which is 1200 km away from his original factory which have also shifted to some other place.
Also for unpaid benefits claimant have also submitted emails/documentary evidences in court on which management lawyer never asked a single question during cross examination of workman
Now I want experts advice on the fact
1) whether a complaint u/s 33-A against management can be launched since this offer of employment is contravening provisions of section 33(1)(a) on following grounds
A) By giving this fresh offer of employment , gratuity and other service
period based compensations like VRS,
retrenchment compensation etc are directly
affected since he had already become eligible after serving for sixteen years.
B) By giving such type of offer whether
management is guilty of changing/reducing/altering total remuneration of workman and that too when subject matter of dispute also covers claim of unpaid benefits not given on full and final.
2) Whether such type of offer in which salary of year 2008 can be offered in 2010 ignoring the fact that had be been working and not illegally terminated he would have been getting more salary like his working colleagues after two year increments
3) Whether this offer can be considered as re-employment and if so whether this
re-employment is null and void in eyes of law as per provisions of section 25-H since no retrenchment compensation is paid to the terminated workman
4) Whether complaint u/s 33-A as well
recovery of unpaid dues u/s 33 C(2) can be
filed simultaneously in this pending case now at start of Argument stage which is filed u/s 2-A by individual workman
please give your valuable advise pointwise on all these 4 points.
rgds
Unknown Person
01 November 2012 at 20:46
My Employer has ask me to come on Sunday for work, I refused it, so he said me to resign. I resigned immediately. In that month I have worked for 23 days. on 30th date of that month I phoned HR person for salary. He told me that He has made full month salary of mine 23 working + 7 leave (EL + CL). ON salary day I call office for salary, so employer told me to come to office to talk. When I went to office he told me that I will not give you salary because you have not serve 30 days notice period. But in my case as management ask me to give resign, even they have not give me appointment letter and documents, but I have salary slip and form 16A from them.
Please suggest me how will I get my that salary.
SUNIL
01 November 2012 at 12:36
HI TO ALL
MY FATHER IN LAW WORKING AS HOME MADE SERVANT IN MUMBAI SINCE LAST 35 YEARS.
NOW THE SITUATION IS THAT HIS BOSS & HIS WIFE EXPIRED. NOW THERE SONS ARE MISBEHAVING HIM .SO MY QUESTION ARE
IS WE CAN DEMAND ANY COMPENSATION TO HIM FOR SERVICING SO MANY YEARS?
IS HE LIABALE ANY REWARDS FROM THE OWNER?
PLEASE SUGGEST
M.Sivakumar
01 November 2012 at 10:16
Can the police arrest the Manager of the factory for an industrial accident caused inside the factory?
D.Karmakar
01 November 2012 at 09:33
I'm Working in a One of the large Private Sector MOTOR VEHICLE company. My query is, Is it possible that GRATUITY Benefit of working class Employee can be withdrawn or stopped.
Because this is Hot Topics now a days in our company and Employees are feared of loosing Retirement benefits.
vikas khatri
31 October 2012 at 19:47
dear sir/madam i was fined rs 200 under ipc 294. i got assistantjob in ministery by ssc cgl. They send me a joining letter. i joined the job but my police verefication has not yet been done. i mentioned this case on police verification form before my interview. Well they termenate me from the job? If they termenate me from the job what are the option left with me?kindly tellme
Shyam Sadhon Banerjee
30 October 2012 at 16:16
What is the Calculation of Bonus of Employees getting salary more than 3500/- and less than 10000/-, because bonus of 3500/- can not be given equally to all as No. of working days of each employee shall differ. Should it be paid proportionate to his earned salary considering his salary as 3500/-
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conveyence and salary due
I has been assosiate with Mexus education pvt ltd as FLOATING MEX EXPERT by last 7 month.I work there with full commitment and dedication.But by day one I find i have to work of technical and managerial as manager and technical head ask me to do gaving excuse lack of human resource.
volume of work kept increasing.
but asking for any follow up they avoid and in meeting they start pointing me that "you have to do what manager say" &BUT no as such mention in offer letter.when all school starting complaint regarding manager performance and higher authority neglegence and mailed to higher authority.All seniors start blaming me that "i have good relation with school and you are pulling our legsby making mails with schools".when complaints increase manger ask me to resgin(verbally)But i refuse and ask for reason but they didn't
and they restrict me to visit school verbally but i ask them to do the same in written by marking mail but no reply.I call 4-5 time but they didn't reply.I continue to mail daily reports but by some source i get to know that managerwere not sending my attendence to head office and showing me absent without any reason.but fortunatly i get know this early only 10 day after.i ask AGM of company but he ask me to resolve with manger with your own than i mailed to director he didn't respond.than AGM ask me that this is unproffesional behaviour u should leave company but i refuse ask them in written
after one month of calling and mailing
I got MAIL FROM PROMPT services to which i got offer letter that"we are diengage your services with our company(client) as your performance was not satisfactory" you may terminate this contract by giving one month notice to us or They can also terminate by giving one month notice with out giving any reason and compensation in liue there of.and will pay 1 month salary
THAN I ask for my convence claim which is due by 4 month of 23000/- and salary of 1.5 month and ask to assist for further process But by past one montth no one picking my phone niether replying of mails
i'm attaching MAILED by PROMPT SERVICES FOR ASKING RESIGNATION