Anonymous
11 January 2011 at 17:32
On the basis of below clauses which are mentioned in the NDA what kind of legal action can be taken by the employer and how can an ex-employeee can be punished for these breach of NDA. Kinds suggest how employer can take the help of court of law.
* All Services performed and work created by the employee during the course of his/her employment for the employer is confidential and constitutes Confidential Information.
* This agreement shall not be breached i any form upto 5 years after the employees leaving the organisation for any reason whatsoever.
* Any breach of the clauses mentioned in the non-disclosure agreement will be treated as serious and the action taken will depend upon the decision of the management. However a chance of being heard be given to the alleged defaulter.
Ashok Kumar Jain
11 January 2011 at 15:08
Dear Experts
I would seek your valuable opinion in following matter:
An employee named 'A' was working as Assistant Officer in a reputed Private Limited Company which will be named as 'B'in this case onwards, at their work site .A was working in 'B' since July2008 till has death on 2/12/2009 caused by an accident.
'A 'was travelling in vehicle( Bolaro Jeep) ,now onward this will be referred as 'C' which was private one & hired by the 'B' for their official work,towards Allahabad, met with an accident as the right front portion of said vehicle 'C' badly collided with a rear right portion of the halted truck at National Highway on the night of 25th & 26th November 2009.At that time beside 'A',two more persons were in 'C'including it's driver on driver seat & other person in rear seat.'A' was unfortunately sitting on the front right seat of the vehicle.Due to collision of the right front portion of 'C','A' was badly injured with severe had injury while remaining two including driver were too injured.'A ' had become unconscious at the accident spot and laterly gone to coma .These injured persons were brought to the Hospital by the local police for treatment .For better treatment 'A'was shifted to private hospital where he was treated till 2nd December 2009 & collapsed on 2nd December 2009 at about 03.00 PM.His dead body was brought to her native place after completing all legal formalities on the same day at Allahabad, for final rites.All the medical & hospital expenses of 'A'for the period from 26/11/2009 to till his death on 2/12/2009 and transport expenses for transportation of 'A's dead body to his native place was incurred by the employer company 'B'.'B's representative visited the
said private Hospital daily to ascertain the condition of the victim & paid the medical & hospital expenses to the caretaker/parent of 'A' daily during the said period.They had also arranged transportation of his dead body to his ('A') native place after hearing from caretaker of 'A'about his death .
After completion of all ritual formalities and lapses of certain period ,the parents of the late 'A' visited the nearest authority of the 'B' for payment of legate-mate claims due to loss of their 30 year old son on account of his death in their ('B') duty.
The company ('B')'s authorities informed the parents verbally that 'A' had left the job on 25/11/2009 as such no claim is payable by the company.
Further written request were made frequently through email & through registered post to company ('B')'s M D & other authorities of 'B'but no response is yet received.
An legal action for lodging 3rd party claim has already been initiated but nothing is
achieved till yet.
My query is about the fact that('B') is not taking any notice of the requests made for payment of legitimate claim of ('A')'s death and verbally denied on the ground that ('A') left the job on 25/11/2010 in-spite of the following fact
(1)that the 'A' was travelling on company's
vehicle & met with fatal accident due to collision of company's vehicle,
(2)that all medical & hospital expenses were met by the company after accident till his death,
(3)that 'A' became unconscious immediate after accident & later in coma till his death so he was not in a position to communicate any thing to his parent or other nearer & dearer,
(4) that a document named 'Service Certificate'was found stating date of relieving 25/11/2009 & reasons for leaving -'on his own accord',
(5)that day before the accident he informed his mother that he was coming to his native
place to report the other work site of his company ('B') near has native place as he was transferred to that site,
and (6)the expenses towards the transportation of dead body of 'A'from the hospital to his native place too was met by the company 'B'.
Kindly suggest the legal remedies available for parents to get the claims of his son 'A'.
Anonymous
11 January 2011 at 14:48
Sir,
I joined in a software organization 1 year before.I signed the offer letter.In the offer letter, it is mentioned that notice period is 1 month.After,6 month they have changed the notice period to 2 month by mail.But i have not replayed the mail or not signing any agreement after the changes in the notice period.Now, i am leaving the company,but the management told that i have serve 2 months notice period not 1 month.Actually,they are not relieving me and not to give relieving letter.They are forcing to stay 2 month as since no work for me,only they pressurizing.
Please sir give me solution.So,i can get the relieving letter.
Anonymous
11 January 2011 at 14:32
sir
i am graduate with commerce stream and i have 2 year exprience as a account assistant what is my legally minimum salary.
sumit
Anonymous
10 January 2011 at 22:27
Respected experts,
in a manufacturing company a few workers
have been downgraded after accident while
working.though downgraded their salary is
maintained as previous to accidental injury.
their department also changed with nature
of duty from heavy to light one.all this thing done with their mutual acceptance.now
if they don't to work with unreasonable pretext what action can be taken against
them?
Regards
pl.suggest.
ash
10 January 2011 at 18:58
i want to ask a question.i am working as a lecturer in a permanantly nongrant institution.in advertisement institution said that payment will be as per ugc norms and they didnot mentioned that that nature of appointment will be of CONTRACT BASIS. i was selected trough a selection commitee.the college gave me order of appointment with a fixed salary of 8,000 rs. also i got approval from university of probation of 2 years .they promised me that they will increase my salary upto 23000rs .as my other collegues are getting this much amount.now i have completed my 2 years probation perid in the month ofseptember 2010 and its januray 2011 and yet they have not issued me a confirmation letter .i am getting salary of 8000 monthly.so can i claim a confirmed service or not?
N.J. MISHRA
10 January 2011 at 15:33
please member suggest me.
a company is running an institute of maritime studies. in that company there are certain daily wages workers who are doing the job of gardener and house keeping. the number of daily wages worker are 70 in numbers. whether the minimum wages of the workers will be govern according to Minimum Wages Act or some other law. what will be minimum wages the company can give to them, kindly guide me.
Anonymous
10 January 2011 at 15:00
Under the Conduct Rules of Tamil Nadu Goverment Servants, if an employee acquires immovable property without the consent of his Head of the Department, what could be the maximum punishment ? Does the rule permits dismissal from service for such an offence ?
Anonymous
10 January 2011 at 14:46
Dear Sir,
I have a doubt that is as per “THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960” (list in the below page), every shop have one day leave in a week and employee can avail this facility but..Now around 70% shops advertisement shows as they will work all days (so no leave or closing day)
And my friends worked in that shops (non govt employees) told that didn’t get any leaves and if necessary they get 3 leave in a months there is no leave for festival, public holiday and all days shops will open, they are afraid to tell and act any thing lawfully against the company because this will be reason to lose their job
Their working times 10 hour to 12 hour not 8 hours as per the act….and they didn’t get over time payments and if they take more than 3 leaves salary will be deducted .. Sir so what is the use of this law, the company is registered under lab our rules (both ESI & PF) but not disclose all employees name
THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960
THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960
“IX CLOSING OF SHOPS : Every shops shall remain entirely closed on one day of the week and
a notice shall be permanently exhibited in the shop specifying the day of closure. This is not
applicable to shops exempted in the Act or excepted by the Govt.
X HOURS OF WORK : No employee in any establishment shall be required to work for more
than eight hours in any day and 48 hours in any week. The number of hours of which including
overtime shall not exceed ten hours in any day except on stock taking etc. and the total number
of hours of over time shall not exceed fifty for any quarter.
X A. EXTRA WAGES FOR OVERTIME WORK: Where an employee works in any establishment
for eight hours in any day or for more than forty eight hours in any week shall in respect of such
overtime work be entitled to twice the ordinary rate of wages.
XI WEEKLY HOLIDAYS : Every Person employed in shops or a commercial establishments
shall be allowed in each week a holiday of one whole day.
XII LEAVE : Employees are eligible for leave in lien of:
i. Annual leave for 12 days with wages to employees after completion of 12 months
continuous service.
ii. Leave with wages not exceeding twelve days on the ground of any sickness or accident
sustained by him.
iii. Casual leave with wages not exceeding twelve days.
iv. Six days special casual leave for sterilization operation in the case of male employees and
14 days in the case of female employees, subject to the provision of the Act.”
Thanking you Sir
Vignesh Narayan
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E.P.F Deduction
Sir,
I want to know that in the case of company E.P.F deduction upto which amount should be deducted.Example
Company Director is drawing salary Rs :- 100000/= and Basic salary is more than 6500/= in this type of pay E.P.F deduction is applicable or not please help me.
Thanking You