krishna
17 November 2011 at 09:03
hello sirs.
This case pertains to a close friend of mine staying with me in U.S.
He was appointed by an Indian company for the formation of its subsidiary in USA and to head that office. He made frequent visits to U.S. for the purpose, formed the office with help from his sister who is a US clitizen ,with permission from the Chairman of the Indian company . He was transferred to the US subsidiary and also obtained green card through the company. After running the US subsidiary for six years, out of the bloom, he was transferred to India, which he was unable to comply with due to family reasons and his daughters studying in college. He was asked to resign and he compiled and his resignation was accepted with three month's notice period and with effect from 16th August 2011.
Pay and allowances for the notice period, bonuses due were also promised by that date on handing over and for lengthy form as sent for the purpose and he was asked not to go to the office from 1`st of sept 2011.
A representative , who was supposed to take over, was sent from India to supervise the handing over.
The HO/TO from was completed, signed by both the parties and pending issues clarified by about 27th Aug,
But on 29th aug. , certain accounts issues were raised, containing two long list of discrepancies. These were explained with no further feed back, Incidentally, the accounts of this subsidiary branch were taken over two years back, the services of an accountant here being refused.
From about the middle of sept., issues are raised one by one, one relating to accounts, getting confirmation of b balances from creditors and debtors, (the specifics not forthcoming from accounts despite repeated requests) the other two being two operations ,that had developed some minor problems , which on no account are the result of failings of the US office. Many communications are there in respect of these two from then US office till date. These can be fully explained , if asked for.
He was asked to provide a personal indemnity bond for the above two which he refused.
Now the company has relieved him w.e.f.15th Nov. (end of notice period) with a threat of legal action soon. Notice period pay from 15th Aug, to 30th sept. 2011 has been paid here, but from 1st oct. to 15th Nov.2011 and bonuses due are withheld since indemnity bond has not been furnished.
If a case is filed , can it be from the parent company from India , in India or the U.S.Subsidiary in US.
If it is in India how can he attend being here in USA?
I would be personally be grateful for any advice'
thanks
Krishna
GIRISH SHARMA
16 November 2011 at 16:41
Dear Sir,
1) To calculate DAILY rate of wages, should we divide the wages by 26 for all months i.e. including FEBRUARY ?
2) To pay wages as per MONTHLY rate of wages, should we divide the wages by 26 or 27 (exl. SUNDAYS) OR 30 or 31 (Incl. SUNDAYS) depending on the no. of days in that month ?
Kindly advise.
Thanks & Regards
G. Sharma
Himanshu28
16 November 2011 at 16:20
If Full N final payment is not done on time then what legal action we can take
Anonymous
16 November 2011 at 14:27
Is there a clause for full & final settlement what was the time limit to do settlement after notice period
rahul
16 November 2011 at 11:42
How to maintain the register of Bombay shops Establishment act 1948.
Prashant C Chaudhari
16 November 2011 at 09:50
if any unauthorized officer of the appropriate government sign/refer any industrial dispute to the concerned tribunal or the labour court then whether the concerned tribunal or the labour court can verify/decide the validity of the reference upon any application in that regard preferred by either of the parties?
Ruchi arya
16 November 2011 at 09:03
I want to know that as per manual of CAT Jabalpur, The language of the Tribunal shall be English. But I want to proceed in Hindi language because all person related to case should be know all matters.
Anonymous
15 November 2011 at 23:28
Dear Experts,
If the Labour Court / Industrial Tribunal awards " Reinstatement along with Back wages " but if at the time of decision the employee age has crossed superanuuation then
Is is precondition of Beck wages to reinstate person then only the employee would entitle the Back wages?
Does it mean the person who is awared with Reinstatment with back wages & who has attained the age of superannuation would not be eligible to get Back wages?
PRADEEP KUMAR SHARMA
15 November 2011 at 18:34
Sir
In our company one of our staff was terminated with all proceeding,now the matter is pending with High Court of Gujarat.But under section 17b he entered to company.Now question is that can Union will declare him as a Protected workmen because we have received a letter from Union in this letter they declare him the Protected workmen.
Pradeep Sharma
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