ajay
11 April 2012 at 15:25
Hi Team,
I was working with a very renowned company of India. I went to UK for a project and came back from there after a duration of 3 months. The company was supposed to bear the expenses for lodging and boarding however since there was no arrangements done by my employee for my stay in UK, I stayed at various locations wherein I did not get any reciepts from my landlord as they had to pay the council taxes if they would hvae had paid the reciepts to me. When I came back I had to fill in my rembursement form to claim the expenses towards my lodging in UK. I enquired the same with my friends wh had already been to UK and had experience in dealing with this situation. They told me give forged reciepts and I did that however I was on the radar of the managment as they thought me to be a close allay of client and might switch sides.
There used to be no scrutiny of any of the reciepts in usual circumstances but in my case management decided to put my reciepts under close scanner and eventually I was caught. They stared harrasing me by threatning of a criminal case against me and sending legeal notices to me house. I asked them for a way out and they told me to giv e them 3.05 lacs to avoid any criminal proceeding against me. I gave them that money to them and it has been 3 months since then and I have not heard from them as yet.
In the meantime, I have come to know from few of my friends that they have sent mailers to most of the organisations stating them not to give me employment in their organisations. They have even gne to extent of mentioning my wife's name in those mailers as she also worked with me in the same organisation whilst she has got nothing to do with this.
Please let me know what all legal options I have got to get out of this catch22 situation as they are threatning me to terminate me which means I will not be able to work with any organisation as being terminated means end to your career in ITES industry.
Please help.
Anil Pawar
11 April 2012 at 12:38
i worked for a company from jan 2006 to aug 2012
while settling my account company didnot pay me gratuity.
now this is april 2012.
am i eligible to claim gratuity, and can i get it and how to apply for it
the company is in Rajkot Gujarat,
Charudutta R. Mhalgi
11 April 2012 at 12:18
Respected Sir,
My query is regarding gratuity payable.If the person is appointed on retainership basis and monthly payment is made by cheque only.There is no appointment letter only one increment letter is there out of two increment are made.There is a continue service of five years not a single day gap.
Whether that person is eligible for
gratuity or not ?
Kindly advice for the same.
sumit massy
11 April 2012 at 11:51
Pls suggest me how to take action against the teachers who are leaving the job without informing the school authorities, they have even not completed their service period of 11 months.
K.S.Srinivas
11 April 2012 at 01:29
Contractor himself wants to work as contract labour when he has entered into agreement with the principal employer. Is permissible as per law and CLR&A Act.
trimurthy reddy
10 April 2012 at 20:46
Dear experts--
need uregent help as hearing is due on 26th of this month.
can you confirm the attched agremment can taken as valid doccument---even the following errors in original
1.notray person signture shows 15--of october and content written on 20th- OCTOBER--(means persons not presented while notary authority signs--
2.NOTARY DONE IN remote town of andhra pradesh -- but content shows MADE AT MUMBAI--
3.i did not find employer signature on this --unless the SURETY SIGNED BEHALF OF EMPLOYER--WHICH MENTIONED IN THE END --IF I UNDERSTAND PROPERLY(can be like this)
4.SURETY--second part of agrremnent can be signed behalf of employer---------------- i didnot find any signature of the employer in the agreement.
5.if the matter of conflict is under arbitration now--Could i send my relative as an agent an Agent --Is this fine practice (i feel nothing much to arguements-- beacuse-appointing a lawyer in mumbai will make around some 5-10k which gr8 part of total compemsation 75,000 and reason for invocation of claim is absent of Female employee on medical grounds-pregnancy with out notice--employee version-- company removed user account from web portal where she supposed to apply)
6.what will be chance of wiving/reducing the the liquidity amount if we contest this case in front of arbitrator --
with real factors like Medical grounds/pregnacy resons(reason for termination of employement is absent for duty with out notice--even verbal comuication was there prior to leave and once Medically fit i was ready to resume duties and -Met HR MANGER FACE TO FACE-he harshed/abused and told you are terminated but -no termination notice is sent to me in address mentioned in contract or regular mailing address))
please give your valuable opinions /suggestion for my hearing infornt of arabitrator is due on 26th of april..
bregards,
TR
selvaraj
10 April 2012 at 19:00
i was working in a company, the employer defaulted in giving two months salary and not accepting my resignation also,
i want my salary arreer and i want to resign.
what should i do, please advice.!
Deep Kumar Saha
10 April 2012 at 16:25
Dear Experts,
One of the employee of the Company is found to be involved with the business of the competitor company and providing business to other rival company's by using our specific customer base. Incidentally it has come to our knowledge from some print out where he is placing order on behalf of other rival company and as a result of the same he is not providing any business to the company where he is employed. Further , it is apprehended that the said employee is going to leave our organization as he is withdrawing all his payment and further taken employee loan.
In view of the aforesaid , the company stopped his last month salary for adjusting loan amount and further issued a show cause notice asking for explanation of his unjustified activity.
It is pertinent to mention here that as per term of service he can not be involve with the business of similar nature either in continuance of service or after ceasing to be an employee for seven years.
The company is not having any standing order or service rules except the terms of appointment as aforesaid.
Kindly give your opinion whether the company withhold his full salary towards adjustment of loan and what other remedies are available against such kind of delinquent employee and can company sack that employee without holding any inquiry and the admissibility of the evidence as the documents are print out of his e-mail and the purchase orders are attached to the mail and from the print out , how it can be established that this particular document is attache to the mail.
trimurthy reddy
10 April 2012 at 15:02
Dear experts, I need your suggestions on the following.
Case background: Employer sent a notice thru lawyer firm-- a liquidate damage claim-- on contract breach—
While offering employment from campus selection, employer took an agreement /contract on 100 Rs stamp paper—(which is having technical errors like stamp paper was brought on 10thAND notary authority signed on 15th(IT LOOKS IT WAS BLANK ONE –agreement was typed AND signed on 20th of same month ) and
I am claiming Content of the agreement null and void on the following reasons—
01. It was clearly one sided
02. it was having above said technical errors -- stamp paper buying date on 10th of October and notary authorized signatures date 15th (it might be blank typed with standard format but the ) --agreement notary signed authority was from remote town of Andhra Pradesh and signed in AP—But typed content of agreement says—MADE AT MUMBAI –ON 20TH (BUT AUTHORISED SIGNATURE SHOWS 15TH )
03. Mentioned training duration 12 months-in fact training was happened for one month training only they gave certificate of training completion from Coimbatore , tamilnadu and posted the job in Hyderabad where one year job service was given by employee.
04. In the event of dispute or disagreement over the interpretation or any claim liability of any part including the surety the same shall referred to a nominated person BY EMPLYER AND HIS DECISION IS FINAL AND BINDING UP ON PARTIES AND EMPLOYER ALSO TAKE ALL THE OPPERTUNITIES BY CLAIMING ALL THE ARBITRATION SHALL BE Mumbai-
MY QUESTION -IS THIS STANDS INFRONT LAWS OF INDIA ON NATURAL JUSTICE TO EVARY ONE) I feel arbitration or hearing can be where the employee performing duties or delivering the services at the time of disputes as I come across a case of same organization it can be America if employee working in US means)
FACTS:
After one year service employee was on leave for marriage and resumed the job after marriage—after working one month she again went on leave on–medical grounds and pregnancy reasons //she was absent for three months
SHE SUPPOSED TO INFORM OFFICIAL ABOUT HER SICKNESS WHICH SHE DID Y VERBALLY TO HR CO-ORDINATOR.
To make it official or written one they can cancelled her log in details so she cannot log in thru web portal where she supposed to apply/file a request for a written leave..
Once She cured she visited the HR MANAGER (PHYSICAL PRESENCE FACE TO FACE) ------ AND GAVE HER EXCUSES BY PRODUCING MEDICAL CERTIFICATES (TRUTHS) BUT HR MANGER WENT HARSH AND ABUSE HER WITH BAD COMMENTS ON PREGNANCY PROBLEMS-HE TOLD –SHE WAS ALREADY TERMINATED GET LOST FROM THE OFFICE—being a lady she took all the insults and back with empty hands –(mistake from our end we did not file a suite at that time on ground reasons a lady//respect on the firm which gave food for one year)
After 6 months of this incident the guarantee received a notice from employer representatives claiming liquidate damages 50,000 on breach of contract or agreement (which is having above technical errors) and guarantee replied after inquiring with the employee with support documents and requested the claimant to give her job back as she is ready to Join back and she was not working anywhere since the date of employer harshen staying at home only.
One and half year the claminat was in silence—no response to the guarantee reply
Now the case in front of arbitrator in Mumbai hearing is on 26th of this month –I am staying in Hyderab
I mean usually these type of contracts will stand in court or not?
Could i know the consequences and % of chances wining and loosing being a female employee-- i am looking for some what accurate --according i will prepare to fight the case or compromise---
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SIR, I AM CONTESTTING A CASE AGAINST PUBLIC INFORMATION OFFICER( CHANDIGARH) IN U.T CONSUMER REDRESSAL FORUM
FOR NOT SUPPLYING TO ME THE INFORMATION SOUGHT EVEN AFTER AN YEAR...
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KINDLY SUPPLY THE NAMES OF JUDGEMENTS AND JUDGEMENTS ALSO IN WHICH PIO HAS BEEN SUFFIFECNTLY FINED FOR NOT SUPPLYING INFORMATION ON TIME AND PIO BEING UNDER THE PURVIEW OF CONSUMER PROTECTION ACT..
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