Anonymous
11 December 2011 at 11:14
An employee was terminated after domestic enquiry.After few days, for Industrial Relation reason the termination was withdrawn unconditionally and employee was reinstated and he joined duty.The employee was again terminated on the basis of earlier enquiry under the plea that withdrawal of termination does not amount to it's cancellation.Is the action valid and tenable?
Anonymous
11 December 2011 at 11:07
In one hospital report was received that an employee had asked illegal money from patient.On the basis of report he was suspended pending enquiry.On priliminary enquiry no credible evidence was found.The suspension was waived.Can the employee file complaint of defamation.Does the internal memos in employment amount to defamation?
Anonymous
10 December 2011 at 19:56
Hi
I work with a Gurgaon based company. I have a 2 months notice period and my agreement with company is as follows –
Upon confirmation of your employment pursuant to clause 2) above, your Employment may be terminated by you by giving 2 Calendar month’s written notice
***** Clause 2) talks about probation period. ******
I am willing to buyout the notice period. But my current employer is not willing to accept buy-out. Moreover they warned me that according to company policy, my notice period would get extended by those many days for which I remain absent from office, irrespective of any amount of accumulated leaves; that is I would not be allowed to take any leaves at all, not even on holidays.
If I serve the entire notice period, I would incur a significant amount of monetary loss in terms of bonus and increment as I would miss the increment-cycle with my new engagement.
In a similar query, the experts advised to honour obligations under the contract and maintain relations with employer; which I think doesn’t help at all if HR and managers are arrogant and inhuman.
But according to my understanding my current employer is completely on the wrong footing. -- http://www.dnaindia.com/mumbai/report_hc-upholds-buyout-of-notice-period_1196417
What would be my best course of action? They(HR and Manager) are not responding to my e-mails in writing, all threats and warnings are given inside board-room or over phone. They are always insisting that all are written in contract and as I have signed it, I have no way out.
Anonymous
10 December 2011 at 17:24
When accident occurs in the factory premises, then police can be prosecution filed against management or not, where as chief inspector factory & boiler is already constituted inquiry committee & filed prosecution under section 92, of the Factories Act.(with ref. to any decision or act)
Sumy Reji
09 December 2011 at 16:36
We are getting an opportunity of business in a foreign country. We will be registering as a new company and will be deputing few employees on the foreign companies rolls from our parent company. We have decided to reinduct the employees in the parent company after a minimum period of 2 year .The deputed employees are old employees who have already completed 7 years. They are ready to go if there is a possiblity to keep the PF account active of the parent employer, so that they get the benefit of pension. Can some one help on this query?
pranith reddy
09 December 2011 at 14:46
Dear Experts,
This is regarding PF contribution by employer if he employs less than 9 employees including 4 On Company-payroll and remaining 5 (Out Sourced) on Contractors Payroll.
as per revised EPFO act If the organisation has more than 10 employees it need to get registered under EPFO act and need to contribute for PF.
Here my contractor who employees more 100 workers for other companys also employs 5 for my company.
Here my question is "Do I need to Pay Employers share to the contractor towards EPFO" as am employing only 9 workers directly & indirectly?
Thanking You,
Praneeth Kumar Reddy
9550480373
Hyderabad.
malipeddi jaggarao
08 December 2011 at 13:21
I have filed writ against Bank in HC of AP seeking remedy mainly for disposal of internal appeal which is pending and also against the arbitrary punishment. After 3 months Bank filed its counter giving point-wise replies leaving some important points. After one of reply, the Bank disposed-off internal appeal confirming the punishment inflicted by the Disciplinary Authority. I am requesting my advocate to file a reply to the counter of the Bank in the writ. But he is avoiding and advising me since the writ has not come for hearing, there is no need to be hurry. I gathered lot of evidence against the order of the Bank. Please advise whether I should wait until the case comes for hearing or I should insist my advocate to file reply to the counter.
saju sathyadevan
08 December 2011 at 12:18
Dear Sir,
I am an advocate (Tax Consultant) having my office in Nagar Nigam Area of Bhilai, Chhattisgarh with 2 juniors and an office assisstant. Whether I (we professionals) have to take Gumasta License and what is the minimum salary I have to pay to my staff? Please clarify.
Anonymous
06 December 2011 at 20:20
Dear Experts,
Section 22 of ID Act speaks about the Prohibition of Strike & Lockout in Public Utility Service
But other that Public Utility Service of how minimum notice days to be given by employees of Strike & employer of Lockout?
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Can an impugned order be implemented
Sir,
A release order by services has been challenged in a tribunal which has admitted the appeal/petition and stated that "in the facts and circumstances, the release of the applicant on the basis of the impugned order dt xxxxxx shall be subject to the decision of the Tribunal in the OA."
Now Sir,
Can the impugned order dt XXXXX be implemented by the defendants? That is to can the applicant's salary etc be stopped post the order passed by the tribunal?
The OA has still not been decided.
However the respondents have staken a stand that the tribunal has not said that the release order be stopped. Therefor they continue to harass the applicant and force him to vacate govt Qrs and /or pay penal market rent etc and also stopped salary wef the date of release order.
Therefore the basic "Q" is if the release order is the impugned order, can the services with disregard to the Tribunal, go ahead and implement it?