John
06 January 2012 at 12:26
Respected people,
I resigned from an organization which I was employed for past 2 years.
Here is the clauses in my contract regarding termination of contract.
"Either party for any reason whatsoever upon either party giving to the other party written notice of the period specified in item 7(which is '2 months'). of the schedule here to and this agreement and the employee's employment shall terminate upon the expiration of the aforesaid period. The Employer may in its absolute discretion, make payment of salary in lieu of the whole or part of any notice period given. The employer reserves the right to require the employee to not attend work or vary the employee's duties during any period of notice of termination given by the employer. However, during this period the employee will be entitled to receive the employee's normal salary and benefits of employment. Notwithstanding anything to the contrary contained in this agreement, specifically in clause 8.4(A right under this agreement may not be waived except in writing signed by the party granting the waiver and a provision of this agreement shall not be varied except in writing signed by the parties), the employer reserves the right to unilaterally modify the notice period specified in item 7(which is '2 months) of the schedule here to as may be necessary in accordance with its polices and/or in the best interest of the employer and its business interests."
I resigned on December 28, 2011 and the employer now insists on serving notice period till February 28th, 2012. This is the way they count 2 months but actually it is 63 days. But I have some specific situation that I need to get relieved after 45 days of notice and I have 10 paid leaves left and am ready to pay for rest 5 days compensation. I promised in writing to complete all pending tasks assigned to me before relieving.
In this case, my employer threatens that they will withhold my relieving letter and experience letters and cause trouble with my full and final settlements and cause trouble during any future enquiries by any other employers of mine.
Is it possible for my employer to force me to serve full notice period
Anonymous
06 January 2012 at 12:16
good day,
i am an officer in an autonomous body(govt organization). when i joined this organization i could not get proper relieving from my previous employer which was also a govt organization (as they were not ready to relieve me ).that is why i concealed about my previous service.
i joined my current employer without proper reliving and after one month i sent my resignation to my previous employer during the meantime, salary of one month from my previous employer was transferred to my band account. which means i took pay from two govt deppts (PSUs) for one month simultaneously . Later on i was removed by my previous employer on the ground of unauthorized absence.
now i am very worried that if my current organization get to know somehow about getting salary from another govt depptt simoltaneously i may land into some trouble . it is noteworthy that i tried to return that salary to my previous employer but they did not respond.
I want to know is it a serious misconduct and what would be the level of penalty? would i lose my job for such tiny mistake? God forbid.
For God sake give me a satisfactory answer i will be grateful to u
Ashish Sharma
06 January 2012 at 09:54
Dear Colleagues,
As we are aware that BOCW welfare cess paid after state workers welfare cess board constituted in the respective state, therefore, BOCW authority can insist Employer to deposit cess before Board constitution.
My concern is that I do not having judgment or literature copy to support above said comments.
You are therefore, requested to arrange to provide the same, if possible.
WBR,
A K Sharma
Human Resource
Anonymous
05 January 2012 at 21:38
Please enlighten whether such administrative order which has been given retrospective effect and its implementation may affect adversely the interests of government employee, is permissible in Law.
If yes kindly quote the relevant Law. Also kindly help me by quoting the decision of High Court and Supreme Court.
If not kindly state Law or any judgement in support to 'No'.
I shall be very thankful for it.
Anjali Arya
05 January 2012 at 19:46
A Salesman Ram (working since 10 years) suddenly left job from our shop on 14 Dec 2010.
He never came back to take his Account Balance.
Now a Labour Inspector visited our shop today (5 Jan 2012). He told us that Ram has filed a complaint against us. He asked nothing more in this regard. He will come after 2 days.
My query is that,
1. What kind of complaint Ram could have filed ?
2. What kind of papers/ documents shall I have ready ?
3. Any other advice.
I will be grateful to members of Lawyers club India.com
Anonymous
04 January 2012 at 23:56
Experts
I joined a good organisation of punjab on 01.11.2010. i was on probation period of six month, but i was not confirmed till 1 year. after 1 year i was provided with the confirmation letter from the back date, but soon got replaced on the ground that the confirmation can not be done from the back date. before getting confirmation letter i resigned from my position with the organisation. before 2 days from my relieving, i was provided with confirmation on the grade Sr. officer.due t some reason i obliged the company for 1 month. in the month of December I got another good job. again i forwarded a resignation letter and asked for relieving letter, but ma current employer refused to provide me any relieving letter on the ground that you joined your next organisation, as and when they appoint a new employee, i have to get leave for a week from my new job to trained their new employee. but i need my reliving letter to present in my next organisation. without relieving letter my new organisation would be unable to provide me joining. suggest me what i should do?
Rupesh
04 January 2012 at 19:06
Dear experts,
My question is relating to The Building and other construction act in Haryana.
1. Will principal employer apply registration under BOCW ACT or contractor.
2.will principal employer first apply for registration and after getting the registration certificate, contractor will submit the cess 1%.
3.What is the fees for apply for registration certificate.
4.if Principal employer do not apply for registration, can contractor without getting the registration number submit the 1% cess.
pl. clear the above queries.
thanks in anticipation.
regards,
Rupesh Arora
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Perfromance incentive not paid
Respected people,
I resigned from my current organization which I was employed for past 2 years.
My pay structure given in the offer letter is as below.
Remuneration package value
Annual gross salary ( INR): xxx(split as below)
Annual fixed income( INR): xxx
Annual performance incentive – base case(INR): xxx
The performance incentive will be paid out to the employee annually as per the company performance incentive plan . the actual payout amount will depend on the employee’s performance as well as the performance of the Unit during the year . the term “Base Case” implies employee’s individual performance meeting expectations.
Next salary review : April 01, 2012
Last year I got an annual incentive amount which is equivalent to 130% of the ‘base case’ given in offer, since my performance was above average(occasionally exceeding expectation).
This year, my performance review is done and I got the same above average rating and I do have the proof of this report with me.
Now, the company is not ready to pay my annual performance incentive component(not even the base case) giving the reason, I am not staying with the company till March 31.
But in my offer letter, this clause of annual incentive paid only if I serve till March 31st, is not mentioned anywhere.
But it was published in the company policy web site, which I could view only after joining the company.
My relieving is end of this February.
But when I joined this firm, I joined on December and that year I was given the performance incentive in a pro rata basis.
So do I have the right to claim this amount?