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.
NAYAK MAFATLAL GORDHANDAS
25 January 2012 at 12:04
Sir, my best friend (Branch Manager of Nationalied Bank) who was caught red handed by ACB, case was filed by ACB. Meanwhile, Bank suspended him on the ground that he was kept under 48 hours' custody.
Departmental Inquirey was setup and charges were partially proved by Inquiry Authority. He was degraded to first stage of Officer Scale 1.His suspension was revocked. Recently, case was run in Hon. Court and he was sentenced for 5 years jail. After that he applied for bail in high court and court granted bail. After his relive from jail he joined his duty, but once again Bank suspended him on the ground that he was kept under more than 48 hours'custody. After that bank has issued him show cause notice why should he not dismissed from the service. He urged the bank that high court have admitted his appeal which is pending, and there is no ground to dismiss him from the service, but Bank have dismissed him. Please, guide: Have bank taken right action or fault of the Bank on which base my beloved friend can get JOB back.
Thanks and regards.
Devendra
24 January 2012 at 19:20
My previous Employer submitted my application to the EPFo Bangalore on 25 of June 2011. It has been almost 7 months that I have not received my claim. When I check the status on EPFO website it says Status : Claim Form 19 for PF Settlement AGAINST Member Account No has been settled. Payment sent through cheque No 825855 dated 30.11.2011. ( Nothing is credited to my account) and CLAIM FORM 10C FOR WITHDRAWAL BENEFIT/SCHEME CERTIFICATE FOR MEMBER ACCOUNT NO BGBNG00249600000016367 HAS BEEN RECEIVED ON 25.06.2011 IS UNDER PROCESS.. I have logged a complaint in their website but the status hasn't changed It always remains as 'Under Examination at our level. Your grievance has been registered in EPFiGMS vide Registration number ROBGL/E/2011/08122 and has been sent to: Officer's Name :Sh K. NARAYANA
Address of the concerned Officer : EPFO, RO, Bangalore
Phone Number :08022238033
Email ID : ro.bangalore@epfindia.gov.in
I have tried contacting the EPFo Bangalore, but no one even bothers to pick up the phone.. Can someone please tell me what should I do now....
Anonymous
24 January 2012 at 14:21
my situation is a little bit different from the person who posted a similar query earlier:
when i joined my present employer(PSU), I mentioned about my previous employer (PSU) in the application. My present employer did not ask for any relieving etc. also , I did not resign from my previous employer (PSU)before joining the new one as i wanted to check my future prospects with new employer and also got one month pay from previous employer after joining current employer.which means i got salary from both employer simultaneously for one month. does the current employer has any right to object to that . was not his job to ensure this thing at the time of appointment.
shailesh pandey
24 January 2012 at 14:16
Dear Sirs, a permanent worker who was on leave from 10.06.2011 for seven days but did not resume his duty & came in december 2011 & tendered his resignation . while payment of bonus which was paid in october,2011 he did not receive his bonus.
In practice for 17-18 years if any one resign then we calculate @8.33% till his service & pay while full & final payment.
I have receive 4-5 reply which are contradictory.
please reply the same so we can proceed.
This shall be as per Payment of bonus act.
regards
shailesh pandey
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Gratuity regs.
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