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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Antibiotic   24 April 2012 at 03:06

Settlement and compensation

I joined a pharma company in January 2012. I was sent to Tajikistan as Deputy country manager on business visa. After 2 months due to recently changed visa

rules, I came back India on 1st April to get Employment visa from Tajikistan embassy in Delhi.
Just after a day of reaching India, on 2nd April I got an e-mail from HR stating :-

"There is an amendment in the HR policy regarding your visit to India for official purpose before 11 months of your service.
Till the time you are at the Head Office the salary will be as per the employment contract and if you are not coming to the Head Office on any given day then

it will be according to the Company norms."

I was hired for international location. I do not have a position in India office. So I was staying at my home in Lucknow waiting for visa.
For some reasons the Embassy has declined to provide me visa. After 9 days on 11 April I received another e-mail from HR as follows:-

"As we are unable to process your VISA so under these circumstances we won’t be able to continue your services from the day you handed over your passport to

us at the Head Office. We are dispatching your passport tomorrow by courier."

I want to know Can they change the payment policy anytime? If yes shouldn't there be a joint agreement(Hard copy with signatures of both parties) between me

and the company? Should I not get the salary from 1st April till 11 April. Plus One month salary in lieu of One month notice period (1 month notice period is

also mentioned in Employment agreement).

Your suggestions will be highly appreciated. Thanks in Advance.
Mandeep singh

Prabhat Kumar   24 April 2012 at 01:32

Delayed complaint to cvc for demand of bribe

What is the validity of the complaint filed to cvc by the complainant after a period of one year of the alleged incident, without giving any proof and contradictory statements by his staff as regards the demand of the bribe?

Nidhi Ratna   23 April 2012 at 12:32

Non settlement of full and final amount since past 6 months

Dear Sir,

I have worked for a management consultancy named EVOLUTION PARTNERS based in Mumbai for 9 months. I resigned in the month of November after serving my notice period.

The company is not settling my overdue. They do not respond to my mails and phone calls. If I give a call from some unknown number, they ask me to call later and then never receive call.

This is the case with many ex employees of the company other than those from IIM background. This is discrimination at heights.

Moreover in my salary component TDS has been deducted every month but it has never passed on to the Govt. After repeated reminders for filing my tax, the director did not provide Form 16A. For other employees PF used to be deducted on regular basis but none of them received a single penny when they quit.

Kindly let me know what steps I can take. Companies like this which do not have any integrity and which breaches trust should be penalized by the law.

Regards,
Nidhi Ratna

Srinivasan   22 April 2012 at 12:03

Employee's compensation law

Dear Experts,

1.Please inform whether there is any change (amendment) in ceiling of salary (above Rs.8000/-)

2. In case of a workman who is eligible for compensation under this act receiving gross salary (for example) Rs. 10000 per month (Basic Rs.3000, HRA Rs.2000, CCA Rs.3000, Conveyance Rs.800 and Special Allowance Rs.1200). What are the components to be taken into account to calculate compensation?

Please explain.

R.Srinivasan

vikrant bhardwaj   22 April 2012 at 10:06

Child labour

hello lawyers
i just want to know that sec-7 of child labour act is bailable or not or whether it is a magistrate trial or session trial

jayesh sinha   22 April 2012 at 09:16

Da has taken exparte decision

Chargesheet was given by D.A levelling charges ,I the undersign (chargesheeted employee) in schedule period of 10days replied that relied upon documents in support of charges framed by D.A should be furnished to me so that I can file replyin the reply I have not mentioned that I deny all the charges levelled againt me,the D.A to my reply asked the charge sheeted employee to write letter to vigilance department to get documents the vigilance department failed to supply documents to chargesheet employee and both the vigilance and D.A have failed to supply documents based on which charges are framed against me.
In the meantime D.A wentto training and the other officer who was asked to look after works finalized my chargesheet EXPARTE by violating all laid down norms of exparte on the ground that though I have replied to D.A in schedule time but in the reply I have not denied charges levelled against me MY QUESTION IS though I have not denied charges in my reply to charges levelled against me due to non-supply of documents by D.A/VIGILANCE DEPT in support of charges CAN D.A can take exparte decision simply on the ground that I have denied charges in my reply.
HOWEVER after appealing to APPELLATE AUTHORITY AFTER IMPOSITION OF PENALTY BY D.A I HAVE MADE IT CLEAR THAT I DENY ALL THE CHARGES LEVELLED AGAINST ME BY ATTACHNG ALL RELEVANT DOCUMENTS AVAILABLE TO ME AT THE TIME OF EXECUTION OF WORK I met appellate authority and gave my personal hearing and broght to his notice how D.A has violated all STATUORTY NORMS OF EXPARTE AND DEMANDED THAT CHARGESHEET should be dropped and penalty should me set aside what are the legal option available to me.
I am attaching the reply which I had given to D.A.

Devnandan Sharma   21 April 2012 at 20:01

Suspension

I am a Professor in a University. I was on extraordinary leave for 6 years in an assignment outside the University. During my leave, a Vigilance Case was instituted against me. When i joined the University after expiry of leave I was placed under suspension due to the Vigilance case. The period of my suspension exceeded four years. Is there any law which determines the maximum period of suspension?

Rajesh JB   21 April 2012 at 19:34

Pro rata pension liability payment

I have asked a query to all experts one week back. But so far I can't find any answer. Will any expert be kind enough to spare some time please?
JB Rajesh

sahasrabudhe K.P.   21 April 2012 at 16:58

Payment of bonus act

Bonus not claimed by the employee. lying unpaid since long. What is to be done with the amount lying. Is it required to be deposited with the Govt. Please give the relevant rules procedure.

kanimozhi   21 April 2012 at 13:08

Termination of an employee

Dear all

Kindly let me understand that is there any law/ specific clause pertaining to termination of an employee working for an Private Organganization based on his criminal indulgence outside the office premises.