Anonymous
09 June 2011 at 15:11
I have joined my last organisation on March 06, 2010 and my last working day in the organisation was Feb 25, 2011. There was a notice period of 2 months. I have served one month and buy-out the rest 1 month.
There was a clause in my offer letter that if you will leave the oraganisation before one year then you have to pay the amount we have spent on your hiring, or any joining bonus we have paid to you.
So by using this clause , the company demanding some Rs. 28000 from that we have paid this much amount to the counsultant for your hiring and you have left the organisation before 1 year.
As far as hiring is concerned , I got the call from the HR directly but they are saying we got your contact from the counsltant.
Including the one month Notice Period Buy-out, my whole tenure would be 1 year and some 20 days.
Is the notice period and notice period buy out time would be counted in the working tenure?
Another thing is, as i got the call directly from the HR and no consultant was involved in our conversation. so may i ask the company to furnish any proof related to this?
shaista randhawa
09 June 2011 at 14:38
Hello,
I was working with a reputed insurance company since Feb 2006 and have been getting promotions almost every alternate year. I was supposed to get married in Oct 2010 and hence required leave for the same. Since I had sufficient Annual leaves in my account I availed the same. Later, as I was not able to join back immidiately since I had to go abroad with my husband, I had requested for Leave without Pay which is a part of my contract and I am authorised for it. I had asked LWP for about two months and had requested incase I could join back by January. The same was rejected and I was asked to join back immidiately which I could not since I was abroad. I still insited incase it could be approved and I could join back in two months time. Once I came back In January and inquired from my office , when I could join, I was told, that I was terminated and that the company had already sent a termination letter to my temporary address, which they later admitted was returned back undelivered to them. They made no attempt to send me a copy of any written warning letter at my permanent address( which is given in the company records) or even a soft copy on my email from which I was corresponding with them while I was abroad. On my Inquiring, I was later sent a copy of the termination letter dated 31-Dec-2010 on my email in mid Jan 2011. I again requested them incase my case could be considered and termination could be withdrawn . I wanted to join back. But I was refused. I even requested if I could serve my notice period since as per my contract I am supposed to give 1 month notice, which again was refused by them as they said I was terminated. On persistence by me and my immidiate boss, my termination was converted into resignation and I was asked to submit a backdated resignation letter with date mentioned as 31-Oct2010 (when my annual leaves ended). I did so on 4rth April 2011 and handed over the same to HR.
Till date after that, I have been continually following up fo my F&F, relieving letter, gratuity and PF. There has been no response to my mails.
Kindly let me know:
1.How much time should a Company take in fulfilling the requirements and processing F&F.
2. Since I could not serve any notice period, can they hold back my gratuity and PF and refuse my reliving letter.
3. Do I need to pay any amount to the company for not serving notice period.If yes, how should that amount be calculated
Anonymous
09 June 2011 at 14:09
Hello,
I was working with a reputed insurance company since Feb 2006 and have been getting promotions almost every alternate year. I was supposed to get married in Oct 2010 and hence required leave for the same. Since I had sufficient Annual leaves in my account I availed the same. Later, as I was not able to join back immidiately since I had to go abroad with my husband, I had requested for Leave without Pay which is a part of my contract and I am authorised for it. I had asked LWP for about two months and had requested incase I could join back by January. The same was rejected and I was asked to join back immidiately which I could not since I was abroad. I still insited incase it could be approved and I could join back in two months time. Once I came back In January and inquired from my office , when I could join, I was told, that I was terminated and that the company had already sent a termination letter to my temporary address, which they later admitted was returned back undelivered to them. They made no attempt to send me a copy of any written warning letter at my permanent address( which is given in the company records) or even a soft copy on my email from which I was corresponding with them while I was abroad. On my Inquiring, I was later sent a copy of the termination letter dated 31-Dec-2010 on my email in mid Jan 2011. I again requested them incase my case could be considered and termination could be withdrawn . I wanted to join back. But I was refused. I even requested if I could serve my notice period since as per my contract I am supposed to give 1 month notice, which again was refused by them as they said I was terminated. On persistence by me and my immidiate boss, my termination was converted into resignation and I was asked to submit a backdated resignation letter with date mentioned as 31-Oct2010 (when my annual leaves ended). I did so on 4rth April 2011 and handed over the same to HR.
Till date after that, I have been continually following up fo my F&F, relieving letter, gratuity and PF. There has been no response to my mails.
Kindly let me know:
1.How much time should a Company take in fulfilling the requirements and processing F&F.
2. Since I could not serve any notice period, can they hold back my gratuity and PF and refuse my reliving letter.
krishnarajpr
09 June 2011 at 13:08
I am given to understand that certain sections of the ID act is applicable to establishments covered under shops & establishment act.
Is there any specific sections which is applicable. Also, could i be clarified whether closure and retrenchment of ID ACT applicable to shops & establishments.
sudarshan jain
09 June 2011 at 10:40
Company giving service of cargo handling in the Airport Terminal area.
Is company covered under Factory Act-1948 and other applicable compliance or if any additional compliance apply to the company.
Please tell me with detail.
AKHILESH SRIVASTAVA
09 June 2011 at 10:19
In the case, ;judgement of K.V. Janakiraman {1991 (4) SCC 109} is applicable.
essycherianantony
09 June 2011 at 00:14
How can you differentiate between "Perquisites" and "Allowances"?
Anonymous
08 June 2011 at 10:48
Are Provident Fund regulations applicable to a Public Charitable Trust ? Can a Public Charitable Trust get any exemption in this regard ?
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Pay Fixation protecting existing Pay
Sir,
I was working in BEL (A cental govt. PSU) as Manger(Pay Scale 29100-54000). My basic pay was 39660/-.I had applied for the post of DGM in BSNL through proper channel as it was a mandatory condition for candidates working in Govt./Other PSUs.I was selected in BSNL as DGM(Pay scale 32900-58000).In appointment letter there is no mention of pay protection. I had given representation regarding pay protection but I have not received any reply from BSNL.On follow up I was told verbally that matter is still under consideration and no decision has been taken yet.In the mean time I joined BSNL. The firts salary I have recived in which my basic Pay is Rs.32900/- . Kindly let me Know wheather I am eligible for pay protection or not. Also,Kindly suggest some rules based on which I can give representation again for pay fixation protecting my pay in previous PSU.