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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pranav   08 February 2012 at 12:33

Service agreement

Hello All,

Need your expert Help. My offer letter from my company has wordings like "if you are sent abroad for training, then you must enter into a service agreemt of 2 yrs or pay 3 lakhs" . I had NOT signed this physically and had asked the HR via email to explain the details .However I was told that it is not important and I joined the company after I sent acceptance of the offer via email. Later I was sent abroad for training with no seperate agreement signed. Also I have not recieved any appointment order. Now I have served about 1 yr in the company and I am geeting good offer from another company.

I would like to know , without a signed paper , will this employement bond hold good? Will it be taken for granted that I have accepted the bond because i joined the company and have been receiving salary. Kindly let me know your valuable opinion. There was almost no trg that i recieved when I was abroad. It was deemed as on the job while i was actually working

choudharey   07 February 2012 at 17:19

How to resign from nhpc

I was selected in National Hydro Power Corporation through campus selection on the post of Asst Engg (Trainee). I was posted to Pasighat (Arunachal Pradesh). I was kept on probation for two years.according to service contract either party can terminate the contract by serving one month notice or pay of one month in place of that.My service condition was under central civil service service rule 1965. But after joining i couldn't like the environment and severe working condition at hilly area. At that time due to serious family problem i came to home and send my leave application to my place of posting. But they replied me to join duty . Due to serious family i again ask for leave but they replied me that this was final warning to me and join immediately otherwise they would start disciplinary action against me. But due to compelling family situation i couldn't joined. After this 4 months have passed and the company has not send any further letter to me. I don't want to join again in this company. I want your valuable suggestion on following queries.
1) Can i resign to the company through speed post with one month salary in place of one month salary? head office of the company is at faridabad, where should i post my letter of resign , place of posting or head office or both?
2) Can they accept resign through speed post? and issue me relieving certificate?
3) Can they reject my resign and start proceedings against me?
4) In case of rejection of resignation can i ask for termination of service contrace with one month salary according to service contract?
5) do termination of service contract affect my future career?

amir haider   07 February 2012 at 14:08

rejoinder-corruption in previous employer (psu)

with reference to Mr Sudhir Kumar response to my query on the subject noted above one thing is not clear and still bothering me and that is 'when no harm has been done to the stakes of the current employer (PSU) why would they will take action against me on the charge of a misconduct / fraud happened at previous employer, that is not understood.

Jagannathan   07 February 2012 at 10:10

Esi on bonus

Sir

kindly intimate whether bonus paid to staff to be considered as wages for ESI calculation.

2.After inspection by ESI inspector, the ESI department will stright away give notice for recovery or ask the reply for the objections raised by the inspector.

Thanking You

V.Jagannathan

Ayappan   06 February 2012 at 22:08

Deduction for inventory discrepancy

Salary deduction for Inventory discreapency : On a surprise check by a Vigialnce department, had recommended deduction of the amount equal to the value of shortages found during the check for which the officer had taken a moral responsibility. While recording the statments after the check despite the reconcilation of pending postings were not done when asked who is repsonsible, the officer responded that the immediate stock rooms personnels who are handling day to day transactions are primarily responsible and the officer concerned being a overall incharge of this stock room plus other additional stock rooms and some additional assignments is also responsible. For this simple reply the department had advsed deduction from salary of amount say about Rs 10000/-. The officer seeks clarity as under.
01. If stock adjustment and discrepancy write off is avaliable as per accounting standards is it right on the companies part to advice deduction from the individuals salary.
02.Is the investigation athority has the right to recommend the penal action and the competent authority merely folowing it is permissible under la.
03.Singling out the overall incharge alone and leaving his subordinates scot free is it not discrmination?
04.Are the competent authority right in awarding the punishement on the basis of vigilance department without giving any oppurtunity to the officer to reply or defend and do not tantamount of denial of principles of natural justice.
05. The appeal of the officers to the competent authority on the above grounds is not answered despite a lapse of 60 days? Is there no time limit for such issues?

baskaran   06 February 2012 at 21:05

Trade union recognition regard

Hello,we r the only trade union in our company,but management didn't recognize our trade union.what should we do to recognize.

manish444in   05 February 2012 at 22:53

Termination of probationer

hello experts!
I am govt servent in officer post.
i am on probation of 2 year.
I have heard that my department is going to finish my service due to a court case has been filed against me.
can i get a stay order from high court which can pass a interim order that dept can't remove me from service until any judgment came from local court pls advise.

Rajinder kumarSharma   05 February 2012 at 22:22

Experience before or after basic qualification

dear learned panel of experts, my heart felt wishes to you.
my query is:- My client applied for the post of reader / associate prof. in the university of Jammu and the qualification for the post were as : Ph.D and 5 year of teaching experience.
My question is that whether the experience required would mean that a experience acquired after acquiring the basic qualification (Ph.D). Please help me with some citations/judgements.
with regards.

suguma   05 February 2012 at 22:11

Notice period for leaving the company

I WANT TO JOIN A private Ltd company as a chartered account. One of the terms of employment states as under: Upon confirmation after completing 6 months satisfactory probationary period, you shall give 3 months notice in writing or 3 months salary in lieu thereof, if you chose to resign from the services of the company.

I requested the GM HR of that company include the following clause also:

The company will give 3 months notice or 3 months salary in lieu there of before terminating my services for reasons other than acts of misconduct such as committing
fraud, cheating, causing loss to the company.
I.e. notice of 3 months should be mentioned in the appointment letter from the management side also. The above clause be legally redrafted for my reference and taking up with the employer. Kindly guide me.

suguma   05 February 2012 at 22:07

Relieving date once resignation accepted

SIR,
I JOINTED A PRIVATE COMPANY ON 1.9.2011 as Manager HR and ADMIN AND ON PROBATION FOR 6 MONTHS

IF I CHOSE TO LEAVE THE COMPANY, I AM REQUIRED TO GIVE 3 MONTHS NOTICE [UPON CONFIRMATION OR BEFORE CONFIRMATION IN SERVICES NOT SPECIFICALLY STATEDIN APPOINTMENT LETTER] OR 3 MONTHS PAY IN LIEU THEREOF.

I SUBMITTED RESIGNATION LETTER DT.23.1.12 ON THE SAME DAY GIVING ONE MONTH NOTICE (THOUGH NOT CONFIRMED IN THE SERVICES) AND REQUESTED MANAGEMENT TO RELIEVE ME ON 23.2.12.
One of the Director remarked on my letter OK. But all of a sudden on account of recruitment of incumbent in my place, they chose to relieve me on 1.2.12.

I did not accept and absenting from duties. Can they relieve me w.e.f.1.2.12 and thereby depriving me of 23 days salary. I am in distress. Can I insist them to relieve me on 23.1.12 WITH PAYMENT OF SALARY UPTO 23.1.12 SINCE there is no office space for me to sit in view of recruitment of new person?.How the other director can decide to relieve me on 1.12.12?