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lajpat nagar   24 March 2011 at 13:12

gratuity

gratuity is part of my monthly package. after serving for about 3.5 years i resigned from service. now the employer isrefusing to give gratuity alleging that the same is payable only after 5 years of service.

i told him that gratuity in my case is not governd by gratuity act as you voluntarily agreed to pay me gratuity and not under the act.

Pls. advise

K. Santosh   23 March 2011 at 11:29

Factories Act

Whether any permission/approval required for shifting a factory from one place to another? if any, please provide under which provision.

Anandakumara MB   22 March 2011 at 07:12

Notice period

In offer letter they mentioned 3 months notice period.

Now employee want to leave the company with in 2 months, shall he use the medical ground to leave company.

Please suggest to leave the company without serving the notice period legally.



Plaese refer the 3 points from the company Exit policy:

1. there is every possibility that the staff member may not be relieved
due to business contingencies unless he/she complete the entire notice period.

2. If an employee is released from service before completion of required notice period,
the employee will be required to pay for the balance notice period.

3. If the resigned employee is suffering from a serious illness which does not allow the
employee to attend to duty, then his / her request for an early release may be considered

Plaese help me

abhishek kumar   22 March 2011 at 00:11

is dearness allownce mandatory in state owened company

i am working in madhya pradesh poorva khestra vidyut vitran company ltd as an assistant engineer. this company is 100% owned by madhya pradesh goverment. the company is planing to revise the salary structure. in the new structure it is proposed to remove the dearness allowance . so i want to know that is it legal to remove the dearness allowance by the company. i joined the company in september 2008.

Anonymous   21 March 2011 at 21:37

Hierarchy

Dear Sir,

Personnels promoted to a lowest grade of two different higher cadres from a equal & same grade of lower cadre. Can a personnel after three promotion in one such higher cadre be still lower in Hierarchy than a personnel with only one promotion of the other higher cadre. For example a person is promoted to E1 grade of Executive cadre & the other person is promoted to TC1 grade of Technical cadre. Both persons promoted from wage group X of non executive cadre. A person in Technical cadre promoted to TC2, TC3, TC4 & TC5 grade is lower in hierarchy as compared to E1 grade of Executive cadre. Moreover the Pay scale TC3 grade is equal to E1 grade, Pay sacle TC4 grade is equal to E2 grade & tahe of TC5 grade is equal to E3 grade. Designation of TC1- TC5 grade are AE1 to AE5 respectively & that of E1 grade is Senior AE.

Anonymous   21 March 2011 at 21:16

delegation of power to sub ordinate officer

mr a holding class 3 post in lic and divisional manager incharge is appointing authority and disciplinary authority.DA has appointed mrs.x as enquiry officer and mrs.y as presending officer.mr a raised objection on ground of bias against mrs.x and addressed letter to DM to change mrs x.QUESTION IS THAT CAN DM CAN DELEGATE POWER TO HIS PERSONNEL MANAGER TO REPLY TO MR.A and inform that request of mr a not accepted.

ritu   21 March 2011 at 17:44

Maternity Rights

Dear Sir,

I am working in a Delhi's Pvt. Ltd. Company for the last 3yrs and my delivery date is very near in next couple of months. In this regard please advise on following doubts which I have:

1) Shall I be eligible for Maternity leave with Full salary?
2) For how many days leave I can avail during Maternity period?
3) During Maternity leave period should I will be eligible to get my salary on every month basis or once I join back to my job then only I will be eligible to receive my complete salary?
4) Maternity benefit comes under which Law & Act?

You are requested kindly provide your valuable advise in the above mentioned points. Your valuable feedback will sort out all my doubts and worries.

Thanks & Regards
Anonymous

Ashish Karandikar   21 March 2011 at 15:47

PF Rules for Maharashtra State

Dear Sir,

Ours is an Educational Institution, run by registered Society, started from June, 2011.

As we are new for the labour laws we would like to know about the rules about the PF contribution.

More on saying, why the basic should be taken to Rs.6500/- to calculate the Employee's PF Contirbution, etc. and so on.

Regards,

ASHISH KARANDIKAR

Anonymous   21 March 2011 at 11:52

Maternity Rights

Dear Sir,

I am working in a Pvt. Ltd. Company for the last 3yrs and my delivery date is very near in next couple of months. In this regard please advise on following doubts which I have:

1) Shall I be eligible for Maternity leave with Full salary?
2) For how many days leave I can avail during Maternity period?
3) During Maternity leave period should I will be eligible to get my salary on every month basis or once I join back to my job then only I will be eligible to receive my complete salary?
4) Maternity benefit comes under which Law & Act?

You are requested kindly provide your valuable advise in the above mentioned points. Your valuable feedback will sort out all my doubts and worries.

Thanks & Regards
Anonymous

Himadri Shekhar Bhattacharjee   20 March 2011 at 10:51

Subsistence allowance


Sir, I am an officer of Punjab National Bank,presently,under suspension. I have come to know about the guidelines on subsistence allowance, which runs as follows.The Indian Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 contemplate in Regulation 5 the authority to institute disciplinary proceedings and Regulation 6 deals with imposing of major penalties. Regulation 14 speaks about the subsistence allowance payable during suspension period, which states as follows: "14. Subsistence Allowance during suspension:

(1) An officer employee who is placed under suspension shall during the period of such suspension and subject to sub-regulations (2) to (4) be entitled to receive payment from the bank by way of subsistence allowance on the following scale, namely- (a) Basic Pay

(i)For the first three months of suspension, 1/3 of the Basic Pay which the officer employee was receiving on the date prior to the date of suspension irrespective of the nature of enquiry. (ii)For the subsequent period after 3 months from the date of suspension. (1)Where the enquiry is held departmentally by the bank, = of the basic pay the officer employees was drawing on the date prior to the date of suspension; and (2)Where the enquiry is held by an outside agency, 1/3 of the basic pay which the officer employee was drawing on the date prior to the date of suspension for t he next three months and = of the basic pay which the officer employee was drawing on the date prior to the date of suspension for the remaining period of the suspension. (b) Allowances

(1)For the entire period of suspension, dearness allowance and other allowances excepting conveyance allowance, entertainment allowance and special allowance will be calculated on the reduced pay as specified in items (1) and (ii) of clause (a) and at the prevailing rates or at rates applicable to similar category of officers. (2)During the period of suspension an officer employee shall not be entitled to occupation of rent-free house or free use of the Bank's car or receipt of conveyance or entertainment allowance or special allowance. (3) No officer employee of the Bank shall be entitled to receive payment of subsistence allowance unless he furnishes a certificate that he is not engaged in any other employment, business, profession or vocation. (4) If, during the period of suspension an officer employee retires by reason of his attaining the age of superannuation, no subsistence allowance shall be paid to him from the date of his retirement."But sir, inspite of completing seven months of suspension, authorities are continuing to pay subsistence at 1/3rd. rate, inspite of my several letters and not giving any replies to my letters causing immense hardship to me in running my family. Sir, please advise me as to what should be my course of action to get my enhances allowance with retrospective effect. Thanks. Himadri Shekhar Bhattacharjee.