essycherianantony
26 January 2012 at 18:34
If an employee asks for documents from his personal file in the Company, is a Company bound to give them to him under the RTI act, since such documents serves no "larger public interest" . Query is for any notings /markings in his personal file by his superiors regarding his performance and behaviour.
Anonymous
26 January 2012 at 13:42
Dear experts,
An employee was terminated on grounds of surplus and hand delivered termination letter in presence of two witnesses which he refused to accept by saying that he will resign.
When he did not resign the company send his dues after 6 month along with that letter.
During cross of management only one witness appeared in court.
The employee's lawyer objected that in absence of second witness it can not be proved that he was hand delivered the termination letter on that particular date.
Is he right that second witness should also be in court for cross examination
?
Anonymous
26 January 2012 at 13:27
Dear experts,
A group gratuity account of a public ltd company is with LIC.
1) In service/labour laws is it legally correct to mention "resigned" instead of "terminated" as reason of leaving service for a terminated employee on his gratuity paper.
2) Since the employee has not given any resignation letter, will the LIC trust have powers to release gratuity for reason of resignation without checking from employer that they have the valid resignation letter or not since the employer is writing resignation as reason of leaving service
What difficulty the company will face during a court case if they write "resignation" instead of "termination" on his gratuity papers
pls advise
Rajeevan
26 January 2012 at 11:29
I was a trained graduate teacher in CBSE affiliated school run by a trust in calicut kerala for more than 9 years.When i got an opportunity as a principal in anther CBSE school nearby i had resigned from the post.i have received many best teacher award in the former school many time during my tenure.But when I have applied for gratuity Principal denied the same saying,not eligible as the school follows state rule.sir i request your help and I wished to know whether i am eligible or not and your suggestion for next step.
Rajeevan.M.P
Anonymous
26 January 2012 at 08:44
Sir, In my office a C A was appointed on 23.11.11 for which appointment letter was issued with terms and conditions including Notice period 3 months and that the employee should execute bond for 3 years to serve the company failing which pay compensation of Rs.10 Lakhs i.e.5 times monthly salary of Rs.2 Lakh p.m ‘
The Director signed the appointment letter and advised Mr.Bhatt HR GM to handover to the C.A (This CA was working earlier for 4 years and had left 5 months ago and he wanted to rejoin the company and had good reputation about his work/integrity and appreciation letters are on record of the company)
.
The C A took the appointment letter signed by the Director on 23.11.12 at about 11.45
A M and told the GM HR that there are certain points which he will discuss with the director sitting in First floor and then will return duplicate copy. in token of acceptance of terms of offer.
As he was already an employee and had good relation with Management, our GM HR did not keep the xerox of the Original Letter and parted the original to the CA. The CA went down to meet the Director at about 12 noon on 23.11.11 but did not turn up even by 6 PM. It was learnt that he was asssigned the Job—Management Audit of a MNC company and he rushed for a meeting with the Director.
Next7days CA did not turn upto the office as he was on outside assignment as stated earlier.
Meanwhile Director was out of station abroad for about 20 days.
Follow up by GM HR with CA received following response:
CA Told orally: Director not available. Original with me(with CA-employee) and as soon as Director comes to office I will finalise and return. He managed to get salary for Dec'11 also by talking over phone with DIrector and Accountant (Who was well known to him as he was an ex employee_) who often did not attend office during december and TDS was also deducted.
There are no written communication between GM HR or the company with the CA employee till date on this subject.
Now on 6.1.12 GM HR got furious and told that employee C A that return the original for his taking up the matter with Director.
C A employee told GM HR : I will not give / i have already given the zerox copy duly signed which u might have misplaced.
Director demanding from GM HR where is the bond signed by CA as he wanted to send him abroad.
What to do.?
1) Can GM HR file an FIR without the consent and knowledge of the Director of the company against the CA that he clandestinely removed the office copy of the appointment letter (theft case) and
2) Send a separate legal notice in his personal capacity to that CA stating what all happened and that if Management takes action against GM HR that CA employee will be held responsible for paying the exemplary damages and compensation for the deceit, mental agony torture caused.
Kindly advise sir .
suguma
Ganesh Babu S
26 January 2012 at 00:27
Respected Sir,
My name is Ganesh Babu S and I am currently working in Williams Lea at Kochi. To give a background of myself, I worked in CRPF as Assistant Sub Inspector (Ministerial) from 10 July 2000 to 10 May 2008. Then I joined IBM (International Business Machines)on 12 May 2008 and worked there till 31 May 2011. Thereafter I joined Williams Lea on 13 June 2011.
During December 2011, I got a call from my previous manager at IBM stating that there is an opening in IBM for Band 5 (to work as a team lead. earlier I was under Band 4 when I left IBM)and if you like to join immediately. I said yes and also asked what would be my remuneration. He said that your Annual Remuneration would be 15% of the present CTC you are drawing at the present company. I agreed for the same though I had asked for 30% which is the norm. He said that they can maximum give 15% as I would be a rehire (joining back IBM within 1 year)and they have taken exceptional approval of the concerned for the same. Meanwhile on the insistence of my previous manager I submitted my resignation at my current job at Williams Lea on 13 December 2011 and I was asked to serve 2 months notice period till February 10 2012.
I was continuously following up with my Manager and the recruitment team for the issue of my offer letter. I was supposed to get the same during the first fortnight of January 2012. Here, I need to disclose my salary details. I joined Williams Lea on 13 June 2011 with CTC of 3.60 lakhs. When I was approached by my previous manager at IBM, I had asked for 30% hike however due to me being a rehire, he said the hike would be 15%. i.e., 4,14,000 as Annual Remuneration. I have a mail confirmation on the same. Now they have come back and said that they cannot give me the salary I was offered due to me being a rehire. The Comp & Ben team there is not agreeing for the same.
Now they are asking me to confirm whether I am able to join with the lesser salary being offered.
In this scenario, Its too tough to join back IBM with less salary and also it would not be nice to take back my resignation in the present company as now only 12 working days are left for my notice period to end.
I have all the necessary emails/correspondences I had with my previous manager.
Would I be able to sue IBM as this sudden turn of events has caused a lot of mental agony to me.
Anonymous
25 January 2012 at 23:33
My cousin was working in a ltd company.
His offer letter stated that he may resign from the company by giving a notice period of 1 month or if he wishes to leave immediately he can do so by paying a penalty as a justification with the approval of MD)
He resigned by paying his one month salary.
There was also a clause in the offer letter saying that " During the period of appointment, you will be governed by administrative orders which may be ammended or altered or modified or extended from time to time"
after 1 month the company has passed some orders saying that a person undergoing training is not supposed to leave the company for 3 years or he has to pay the training fees.
This office order never reached the employee(my cousin).
They also started to force to sign a bond agreement of 3 years after 8 months from joining.(my cousin was not interested to sign the same)so he resigned immediately.
Now the have issued a letter stating that he should pay the training fees which is huge amount of around 4 lac.
Now can a company issue such orders without the acceptance of the employee.
The offer letter had no such bond or agreements.
Please suggest to get of all this.
Raja
25 January 2012 at 12:13
What is the difference between Contract Labour and Casual labour under the EPF&MP Act 1952 ?
Anonymous
25 January 2012 at 12:04
26th January is a public holiday. If workers can be allowed to work on said national holiday. If it can be done with prior approval of local labour inspectorate? If yes under what rules and rule number? Please prove the text of the rules.
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Leave register
Is it necessary to maintain a leave register, even if Employer is giving Leave Encashment to its employees equivalent to 30 days every year ?
We deduct for total leaves taken (without giving Leave Benefit) and pay the salary every month. At the end of every year, we pay the Leave Encashment (Privilege Leave & Casual Leave) with following formula:
Total wages earned in the year/ 12 months = Leave Encashment
1. Whether this Leave Encashment Formula is correct ?
2. Whether we have to maintain a separate Leave Register ?