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V. VASUDEVAN   25 March 2012 at 13:13

Retirement age

Can a organization fix a lesser retirement age say 45 for its employees in executive and management cadre.
vasudevan

Dhaval   24 March 2012 at 18:13

Prevailing rules for transfer of class 2 officers of central government

Hello,

I would like to know prevailing laws/rules for transfer of a class 2 officer of central government/Autonomous body governed by Union Ministry of Labor, prior to 3 years of retirement.

As per law/rule, can the office(EPFO)transfer a class 2 officer(EPFO Enforcement officer) to another station, while only 3 years are left for his/her retirement ?

This is a specific departmental matter. Any help in this regards is deeply thanked.

--
Dhaval M. Vakharia

md   24 March 2012 at 12:59

Resignation letter/ notice period to serve full

Sir,
I had given resignation to my current employer dated on 10.03.2012 so as to join my next employer by 12.04.2012. My resignation was accepted by my immediate boss to relieve me by 31.03.2012. But my HR head is not releiving me telling to serve complete notice period i;e 90 days.
As per our policy in appointment order it is mentioned as -- Termination of employment by either party will be by giving 3 month notice in writing to the other.In event of giving a notice of termination shorter than the above period, the Company shall have its own discretion to adjust any leave due to you or from you dues towards the shortfall in notice period. And in our policy it is stated as--
In cases where the Unit wants the employee to serve his full notice period or a part of it and the employee wants to separate before that:
o Employee will have to take an approval for the same from his Skip Level supervisor and Unit HR Head
o He will have to pay the Unit for the notice period he did not serve. The payment will be on guaranteed cash part of his CTC.
So kindly advise me as I have to join next employer immediately.

prashant allada   23 March 2012 at 16:13

Relieving letter

Dear sir / madam ,

i was working in an international call center (BPO) for 7 months . due to health issues i had to discontinue from the services as i was not fit to take calls.
I got a letter from them stating that i have to pay 7085 /- for full and final settlement and get the relieving letter or else they wii take legal action to recover the money .
The main office is located in bangalore and i was working in hyderabad's office . the letter that i got was from bangalore's office . The very next day i went to the hyderabad's office with the DD of the said amount .
The concerned HR told me that due to NCNS( No call no show) i have been terminated and hence will not be getting the relieving letter .
When the letter says that i need to pay the amount to get the relieving letter , why are they not issuing me the relieving letter.
Sir/Madam i need our help in this as to what needs to be done if they file a case against me .

Santosh   23 March 2012 at 01:49

Resignation

Hi,

I am employee of consultancy and working for another company from 12 months but still are taking into on role so I and colleague sent resignation to our team lead and consultancy manager. same day working company manager tried to convince to continue for few more months i will make you on role (Company employee)but we did't agree to continue but agreed to give process back in our notice period so even manager also agreed and told personally to send mail we will continue upto some days.

But we both send mail with same Sentence on 19th march saying "As discussed with management I am continuing my work upto 31st March-12 that day is our last working day".

after that consultancy manager and working co manager discussed and after that telling one of you influencing other to leave job this against to company policy. for this we will give bad remark in your relieving latter and in data base. (but we are the we are very important in the process if we quite job, process will be in critical.)

Now they telling make us everything in documentation and give training to new joiners, once new joiner confirmed us they ready process other help then only we will relive you if not working company manager will not approve our resignation.

Could you please assist can leave working company after 30 days notice period. is it possible to take relieving latter without any bad marks from company in latter and data base.

pinku   22 March 2012 at 15:53

Fresher employeee bond

Hello sir,
I am a fresher i got a job by college campus recruitment.The company took 2years bond paper from us.I am in probtionary period of 2month .If i leave company then in bond paper mention to pay Rs 1lakh.Now my health problem arises due to night shift i inform to everyone in our company but they didn't consider my health problem now i wants to leave this company .I am so scared for my future and my education.Please sir guide me.When i told about my health issue they tell to take legal action.now i am continue my training.

Regards,
pinku

basant   22 March 2012 at 13:07

Blank cheque used for wrong purpose and without any agreement or intimation

i got employement in a limited company in india.

the conditions of getting employemeny included a blank cheque to be issued which was to be used only if i break 2 year bond and the damages can be claimed by company was upto one years salary. they took the blank cheque and gave me recieving of it before apoointment letter was issued.

the appointment letter has no codndition for cheque to be issues. there is service adherence bond which has mentioned that the cheque will be used only if there are losses suffered by the company due to wrongdoings or breaking of bond.

company is liable to pay 16.80 lacs per annum as my salary and only about 3.24 lacs was performance based as per salary breakup given.

first months things were bad..company had no infrastructure to serve customers..we still got enough collection and after a lot of arguements they paid salary on next month on 15th. i joined(forced to accept) on october 24th 2011.(though they made me work for 12 days for free. i got official email of welcome and my email id created on 12 th october).

they did not pay for 24th oct-31st october.. november salary they paid on dec 15th after lot of email and verbal exchanges.

they did not pay december salary and refused to pay even after committing on email that it will be paid by 15th january.

i had emailed to them that if they dont pay by 14th..i wont work anymore for them... i waited till 24th and kept on looking for new job...on 25th they came to know that i have an offer from other company and am about to continue working for them.

they shut down my company official email id and there is communication from the company..so it obvious they dont want me to continue anymore.. in the meantime since they refused to pay salaries i stopped the cheque on 11th january.

now on 19th february they represented the cheque without any intimation to be and the cheque ws returned as stopped payment was issued.


now the company has sent me a notice of almost one years salary and also communicated that this returned cheque will be tried under NI act section 138.
they have metioned in the notice that i agreed to pay them the said amount of 16,33,180 against the damages and i issues them cheque on 9th february.


now my questions:

1. how can compay put an amount on my cheque without any agreement or my approval or any claim there of or therein.

2.company did not pay my dues and i emailed them that i will not work for them. they agree to pay but dont pay. once i ahve quit as they have not honoured their agreement..how can there be any agreement at all left to honour from my side.

3.when there is no contract valid..how could they dare and put the cheque and send me a notice that i agreed and its not honoured.

4.how can this be under NI act of 138 when there is no agreement, no debt ..no obligation to pay any amount untill proven otherwise.

5. can i file criminal case against company for cheating. and also i have to claim my dues from them.

6.since i did not resign..they stopped my id without intimation...and the they did not communicate so how can they claim that i did not honour the service bond etc....


kindly help or advise.


Anil Pawar   22 March 2012 at 12:10

Payment of gratuity

Dear Sirs,
I was working in a private ltd company,it is msme having employee strength 125 people,
I was designated as DGM Marketing,since Jan 2006, later after 2 years, it was changed to GM Marketing.
Due to non Matching of thinking with managment,i resigned in aug 2011.
During the service, the company was paying me total income without deducting PF,
Now my query is am i eligible for Gratuity, as i think i have completed 5 years of service.
My annual income was not more than Rs,5 Lakhs,
Pls advice if i can claim gratuity,

I had spoken to one person from finance department. and he told me that as i was not member of EPF, i am not eligible for

pls advice me suitably,
thanks and regards\

Suyash Kumar   21 March 2012 at 13:49

Query about claim of ta&da

Sir,I am a Central Govt.Employee.I went for an official work(Temporary duty)to my home town.I this regard i want yo know that whether i can claim for TA & DA.

Michelle   21 March 2012 at 12:59

Hr - experience letter

Hi,

I have a quick question. I have observed that in my office, that the productivity and work quality of employees dip quite a bit once they put in their papers and on notice period.

I need to know if its legally possible to withhold their experience letter in such situations.
Is it possible to add such a clause in their offer/appointment letters.

Awaiting your reply.
Thanks,
Michelle