Balaji Natarajan
24 October 2011 at 17:51
Hi sir,
i have been working with Accenture for the past 18 months and i had to resign my job as my wife is moving abroad with my 10 months old daughter as she is still feeding her and i need to take care of them .
But my HR informed me that i have to serve 90 days mandatory notice period and it is must .
As i explained them the issue they are ready to waive my notice perid . but they are asking me to pay my complete one moth salary calculated for each and every day and it includes my Basic , HRA ,Statutory Bonus, shift allowance and evry thing except my PF.
kindly let me know wetehr i am supporsed to pay the complete salary even though im not gonna be with this company or just the Basic as otehr companies do as the employees to pay when they want to leave the company.
Awaiting response .
Anonymous
24 October 2011 at 12:11
I was employed with Allianz Bajab Life Insurance Co. Ltd. from July 2007 to October 2007 and could not complete even six months when many of the Business Development Managers (including me) were forcibly asked to submit resignation, reason given to us was that of reducing employee strength.
Accordingly, 3 of us resigned and filled up the forms for PF withdrawal and reimbursement of certain emoluments, such as mobile and travelling expenses, which I never received till date. I do not have a copy of the offer letter as that was taken back by their HR department.
I received a few sms on my mobile from Bajaj Allianz saying that an amount of Rs.6309/- is falling due on my part for full and final settlement, which I am supposed to send to them by a DD/Pay Order within 15days, or else they will be forced to take up a legal action against me.
How do I tackle with this situation, knowing the fact that I do not have any document with me to support my employment with them as I don't have a copy of the offer letter. They are saying that I had not served notice period and as per the agreement signed with them (which is not in my knowledge), I am bound to deposit the said amount.
Kindly guide me.
Anonymous
24 October 2011 at 11:56
I am working as Asst. Supervisor in Indian Railway Catering and Tourism Corporation Ltd.(A Government Of India Enterprise) for more than Three years. as per the appointment letter, probation period was of 2 yrs. My employer has not confirmed me till date even after having a clear record. There are approximate 200 Asssistant Supervisors working in IRCTC for more than Three Years and have not been confirmed yet. The Company has not informed regarding extension in written.
In this regards, i would like to know what is the maximum period that the probation in PSU can be extended and what action can employee take against the employer regarding delay of confirmation without any intimation and non information of extension of probation period Is there any rule that after certain period an employee get automatically confirm if no confirmation and extension letter of probation period has given to the employee.
Prabhakar
24 October 2011 at 07:12
. I want to clarify about a labor case which is pending before the supreme court for 4years. But the total duration of the case exceeds 30years.
The case is about the illegal retrenchment of 22employees from a private concern. Starting from the labour court all the courts and madras high court bench pronounce judgments in favor of employees.
Before 4years the management filed a Writ appeal against the high court bench before the Supreme Court. And the Supreme Court bench ordered the management to provide employement to the employees. The backwages part is pending before the court.
That back wages matter came before the court 10days back. Since the management ask time to provide calculations of backwages on their part, the bench adjourned the case till Deewali leave. And the matter is listed on 8.11.2011. But yesterday while I saw the list, the matter is listed to 24.09.2012.(ie., after one year). I could not understand why this much time. Kindly tell me whom to approach to bring the case some what earlier. We asked our lawyer but there is no good response... Already 3of the employees died and many of us are in retiring stage(few retired). Please help us.
anil mishra
23 October 2011 at 21:56
Dear Experts,
Please provide your opinion on following.
1-If a Private Limited company does not have certified standing order then where can employee lodge complain?
2- What is the punishment for not having certified standing order?
3- If co is not having standing order then on what ground they can take action in domestic inquiry.
Anonymous
23 October 2011 at 09:30
I am an Engineer working in port of cochin(Govt establishment) .I was employed on contract basis and has recently become got became regular employee(permanent).My employment contract terms and conditions says my salary will be same as regular(permanent) engineers &
if there is any increment in salary of regular(permanent) engineers the same increment will be given to me.When new pay commision was implemented there was a hike in the salary of permanent engineers,but me being a contract engineer that time was not given the hike .After a lot of writing to the management they hiked my salary to the same level as pemanent engineers but it took almost 6.5 months but without any arrears.So I have asked (wrote a letter)for arrears which they have not given me.Are they not supposed to pay it as per my terms and conditions?What should I do if they dont pay me my arrears?Can I ask for a reply under RTI act so that they can give a just answer?What should I do if they say they have financial crunch and not in capacity to pay my arrears(Pls note it is a Govt establishment running in loss)?Can I put a case and will court support me even if the Govt establishment is in loss?
Venkattaraman Arthanari
22 October 2011 at 16:22
Dear Learned Members,
We are paying salary to our employees as per the details given below:
Basic inclusive of DA is 50% and HRA 50%
At present we are deducting 12% from the employees as their contribution from their Basic and DA which is 50%to wards EPF Contribution.
e.g. salary 7,000/-per month
P F calculated 50%of gross i.e.3500x12% =420/-. Where as the P F authorities says we have to calculate PF as follows:
Basic is 4900(70%) and HRA is 2100(30%) and the PF contribution is 588
PF Authorities insists us to pay the
contribution on 70% on Basic pay.
In the EPF act no where it specifies that we have to pay 70% as basic.
I kindly request the learnerd scholars to give your expert advise on the above subject.
shahzad sheikh
22 October 2011 at 12:18
Dear sir/s,
7 years back, we ran a business from a rented premises.few months after starting the business from that premises, we had a visit from an ESIC officer who forced us to write doen the names of all those present in our factory premises and added the total to 20 workers and asked for us to be registered. after a month ,we left the premises.
After 2 years, we received an ex parte demand and the calculations were done on ad hoc basis raising a demand.
we went and met the directors of the ESIC at andheri east,and presented following papers saying that the operations were closed after a month from the visit of the officer and the calculation is unjustified :
1. MSED confirmation that we have closed operations
2. letter from owner of the premises that we have vacated the premises.
however, the officer,Mr.B.P Pandey, present said that they were vested with powers to arrest if payment is not made. and they insisted that ,there is no point fighting because,50% of disputed amount has to be deposited,in case of trial , and even if we win, they will take 30% of the amount as it is.
when pointed out that these are extotion tactics,he merely laughed saying that we should do whtever we want and nothing can be done about that.
we reused to pay saying that it is an unfair demand.
to that,he attached our bank account and issued arrest warrent, had me arrested by the police, had me brought to the ESIC offioce ,and said that we will put you behind bars if you dont pay immediately.
Under a lot of pressure, we had to make the payment of not only the demanded amount but also the arrears which included the interest charges, police charges and whatever else,till date.
we gave them a dd alongwith a "paid inder protest"letter,which they acknowledged and gave back.
now,after a year, we get a demand notice saying that we paid only the disputed amount and the interest till date has to be paid ,whereas the receipt taken from them clearly states the amount breakup includes all interest till that date of amount being paid.
we are harassed by these legal extortionists and we want a way out. Now, we also want our money back,alongwith interest from them.
kindly advise.
Anonymous
22 October 2011 at 00:29
I would like to have clarification for the following scenario as it pertains to inter se seniority in my organization BSNL.I am a directly recruited grroup B officer in BSNL.one of my collegue in the same group B officer cadre had taken extra ordinary leave (leave without pay) for about three and half months with valid madical cerificate and sanction, when he was under probation.but his period of probation was neither extended nor was his date of confirmation.confirmation against the post follows probation and both of us were recruited directly through same all india competitive exam in the same recruitment year.should he loose his seniority for the period for which EOL was taken ?can i demand his probation and date of confirmation extended?can i demand downgrading of his seniority ?
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Disciplinary case
Sir,
one employee was reverted for three years,meantime having chargesheeted for absenteism, he was compulsorily retired in lower grade. Is it legally correct if not any supreme court citation please quote.