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Rasmi Ranjan   12 May 2011 at 10:49

Help regarding offer agreement from IT company

Hello sir.

I am an employee of an IT organisation in Hyderabad,I joined the org in Jan 2011 as it is a start up and i thought the opportunity will be enornous.But later i found out that the MD is playing gimmicks of all kind with resources (13 resources, 1 fresher left last month against whom the MD is conteplating filing a civil and a criminal suit).

Now he is going against all the promises made before joining organisation ( like changing the company policy abundantly just to force resources not to leave the org, but trying anything not to give resources their fare share of salary for example he deducted INR 34000 this month from my salary towards Tax for the whole 2011-12 in advance).

NOw i want to leave the org by any means and for that i was going thru offer letter and found out the below mentioned clauses.


Clause 1. Your first year of service will be the probation period during which you will be appraised for satisfactory performance for which ORG would normally confirm you.

If your performance is found unsatisfactory, company may extend probation period by 6 more months or terminate your employment with immediate effect.

During extended probation period, if your performance is still found unsatisfactory, company may terminate your services forthwith without any notice whatsoever.

The terms and conditions of the training will be governed by ORG policy.Company reserves the right to modify or amend the training policy.

Clause 8.Notice period - During your employment with ORG, including probation/training, either you or ORG can terminate the appointment by giving 3 months written notice.

Clause 7. Service Agreement - As org will be incurring considerable expenditure on your training/initial cost, you will be required to execute an agreement to serve ORG for a minimum period of 1 year after joining with ORG, failing which, you will be liable to pay Rs 2,50,000/- towards the training /initial cost expenditure.

To me, clause 1 and 8 seems contradictory while one says he can fire me any time and the other says about 3 months notice perioid.


Hence, please let me know if i will leave the org now ( i am in probation, not confirmed as a permanent employee ), how it will affect me legally ?

And clause 7 says about paying back 2.5 lakh if i leave before completing 1 year.But some people say it is illegal and will be null and void before court of law.

Please suggest how thse 3 clauses will affect me legally in case MD files a suit against me if i will leave the org now as i am in the middle of life and death regarding my career here.

I will be grateful and obliged.

Please mail me at prasmiranjan@gmail.com so that i can contact in case i will need legal help regarding this.

raghavendra   11 May 2011 at 21:19

amendment

sir
can anybody inform about the amendment in minimum wages act and workmen compensation act and if any other acts


thanking you

Anonymous   11 May 2011 at 19:47

Legal Notice

Dear Experts,
I need to send legal notice to my ex employer because they have not cleared my dues despite of many reminders.
kindly suggest how much legal notice sending will cost .

Rama mohan Acharya   11 May 2011 at 14:08

applicability of bonus to contract workers in PSUs

In a CPSU the work of sanitation and loading unloading is being carried out by awarding contract .Is the bonus is applicable to the contract workers working in the PSU . My querry is in relation to the section 20 of the Payment of Bonus ACt.
Kindly advise

Imran Ahmed   10 May 2011 at 21:56

Complaint against a cleark posted at SDM court for almost 20 years

On 16.4.2011 I have made a complaint against a clerk posted at a SDM court in Dist.Unnao U.P, for almost 20 yrs, the complaint was addressed to the Chairman, Revenue Board,U.P and copies of the complaint endorsed to the Commissioner,Lucknow Div. and the D.M. Unnao as the person comes under Revenue Board. No action has been taken so far the SDM is investigating under whom the clerk is working. What shall do, can I move the High Court for his transfer as he is continuously posted at the same place for almost 20yrs despite to Govts clear directive(G.O) please suggest the way out as I believe that no action can be taken against the clerk. Imran Ahmed

rohit karbhari   10 May 2011 at 02:54

settlement dues for the vrs opted employees of a limited company

Respected sir,

Under the below given situation please advise the legibility of the claim of arrears of the presently continued employees and the VRS opted employees.

Year of VRS : 2001

No of employees: 650/700 employees. opted for VRS- Around 100 employees yet in the employment.

Last Charter of demand settled : 1995.

Charter of demand period : 3 years.

Charter of demand submitted but not negotiated :1998,2001,2004,2007,2010.

Present status of C.O.D : Not yet discussed with the management and the bargainable employees are paid their salary and wages as per last negotiated Charter Of demand.

Management Policy: The company being a multilocational unit have settled the COD with the other units and have paid the dues and arrears as per the new effective COD as and when negotiated and accepted, except for 1 location wherein a group of 100 employees are deprived of this right since the year 1995 till date

The query with subject to the above mentioned situation kindly advise :

1. How the left employees can claim their Arrears on the pre-VRS period for the unnegotiated COD (i.e 1995/2001) from the employer, which as on date is not settled?

2. Can the management skip the period of 1995 to 2010 as unsettled and period and settle the COD with current date, and deprive the VRS opted employees from getting their dues?

3.In case if the employer employs some of the VRS opted employees in the company/group company/Relatives company can become a fair enough reason to pay the VRS opted employees as per some legal guideline?

4. What should the currently employed employees do in case if the management applies a forced implementation of the Cod depriving them from their fundamental right?

5.Can the dues be claimed for the undue delay with interest charges in case of VRS opted employees?

6.In case if the claim has to be approached by the group of people,Please kindly guide us on that matter.

Thanks.

Yours sincerely

rohit.j.karbhari.


Anonymous   09 May 2011 at 23:55

Trade Union


Dear Sir,

We have a trade union called united Employees Union and it is recognized under Trade Union Act. It has its own building and in the first floor the union has its office and the 1st floor is occupied by the President and founder of the union. The union office is constructed with the funds collected from the union members. Suddenly the union president expired. the next movement there was a split in the union. One side of the union led by its General secretary says it is the original union and the other side led by family of the ex-president says he is the correct one. Both are having the same name as united employees union and disputing every day.

There are two questions that should be cleared.
1) Who will be the successors of the union.
2) Can any one go to labour court on this dispute?
3) Can they file a civil case for whom to be recognized as successors and can they file a case in civil case regarding the union office building occupation.
4) Where should be this dispute be settled?

Please guide me regarding this dispute and give me some case laws to support this case.
Regards,

Ganesh Kumar.V.V


Anonymous   09 May 2011 at 18:36

is this a case of double employment?

respcted sirs....
i am submitting my friend,s problem..as a being law student i am also wants to know about it...query as below;'''
my friend was working with psu X from 4 july 2010.before joining it he had also given written exam of psu Y.he attented interview of psu Y on 24 july 2010 without previous experience because psu X hr did not issued the noc..he selected in psu Y ..he joined psu Y on 4 aug 2010..he has given resignation on 2 aug 2010 in psu X..he is absent at there from 2 aug to 4 aug..and this period he is on without pay..he got relieved from psu X on 4 aug..my qustion is...
1)is it double employment for 1 day whenever he is not drawing salary from 2 aug to 4 aug..
thanks in advance ..pls give your valuable suggestions..

B.ARUN KUMAR   09 May 2011 at 07:15

contract jobs-reg

dear members
I got offer leter from a govt of india enterprise, trivandrum for a contract basis job.the period of contract is 12 months and consolidated pay.pls guide me whether the contract basis jobs offered by govt of india enterprise has any chance of getting permanent.

venkatesh Rao   09 May 2011 at 07:11

searching for amemded rules.

Esteemed experts,
The karnataka state government has amended Karnataka Govt. Servants Medical Atetendance Rules in 2010. It has been published in gezette of the state. Will anybody kindly inform the part and date of the gezette. I am in urgent need.