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07 July 2010 at 13:41
Dear Sirs,
I was working with a Private limited comapny,w hich is having the parent company based in germany. I have resigned from the company more than 45 days back, The resignation letter was accepted and my handing over is done from company people I have the Remails for the same.
Now company has refused to give me the relieving letter and asking me 3 month notice period or 3 months salary in lieu the same was there in my appointent letter. Due this I am not in position to join any else company , I have received a letter from company for the 3 month salary wherein I was suppose to take a months salary and other dues which are slightly less than 3 months salary, so company has asked to pay the remaining ammount.
Please suggest me what I can do in this is it possible to get money from company or what process i should follow to get relieving.
Seeking for urgent help...
Venkat Sundaram
07 July 2010 at 07:38
Dear Expert,
I left my last organization (After completing my entire notice period of 60 days) and it is now over 5 months since my F&F has not been done.
My question: 1) From a legal stand, is there a maximum time by when an organization should settle the F&F? If yes, what is the time and this is covered under which section of the bare act in the Labour law.
2)If an organization is not reponding to mails to settle the F&F, what is the recourse one needs to take?
Thanks for your time on this.
NITIN
06 July 2010 at 14:21
My client is into Depository Participant Operations i.e Opening of Demat A/c's etc.
As per SEBI guidelines, we are required to carry out personal verification of clients regarding their address etc.
and this verification has to be done by the comopany's employees only. We have clients in various parts of India.
It is not possible to employee someone for this puprose since verification is not a regular feature and it will involve higher
costs in terms of regular salary and travelling at various parts of the country. So we have decided to employee on part time
basis and in various parts of the country. My question is how do we pay him so that we can comply with "Minimum wages Act",
PF, PT and ESIC. If we pay 1000/- per month, are we complying with Minimum wages act. Is it possible to employee on hourly basis, since this job is not on regular basis. If we employ on hourly basis what should be the rate per hour to comply with statutory requirements.?
Do u know of any consultant who can help me out?
Anonymous
06 July 2010 at 10:07
We are a mid size Trading organisation registered under Maharashtra Shop and establishment act.
We have a staff of 15 person.
Are we liable for ESI and PF ?
For any more information and reply , associated@vsnl.com
Manisha Chaturvedi
05 July 2010 at 22:40
Thanks a lot to the experts who answered my query:- If the stay order is not extended further, but the writ petition is pending, will the impugned order stands revive? And the authority can implement the impugned order of the writ petition without taking permission of the court??? Can you suggest me any case laws/ rulings on this point.
Manisha Chaturvedi
05 July 2010 at 15:03
If the stay order is not extended further, but the writ petition is pending, will the impugned order stands revive? And the authority can implement the impugned order of the writ petition without taking permission of the court???
Anonymous
05 July 2010 at 13:09
Hello,My sis isin gr8 trouble n I want sum solution fr it.Actually she hs been workin fr a company..where due to her innocence she made a mistake..she is in the accounts section and theres some problem in the payments and biillings..which has been done by her friends but using her id she's the accounts head.As a result the entire blame is on her and now she has been terminated..n also she has been taken to the police station...Can anyone please show me some way to get her out of this...Please Please help me...
Anonymous
05 July 2010 at 10:40
Myself and my neighbour were working in the same department in a Central Government and now retired and getting pensions. Neighbour is giving frequent problems to me and I am not able to live peacefully. Is it possible for the Department officially to intervein in this case?
Anonymous
03 July 2010 at 22:12
Dear experts,
Please advise on the following queries :
1) A workman's lawyer is delaying or not interested in preparing affidavit for
worker evidence stage despite getting all the relevant evidences from the
worker, then can the workman himself prepare the affidavit in plain language
explaining purpose of each evidences and submit it in court and to the
opposite party? Note that uptil now two dates have gone when he has
assured the judge for submitting this affidavit.
2) In law is it possible to prepare this affidavit with the help of other lawyer
by paying him fees seperately for the affidavit and how much will it cost
approximately to get this affidavit prepared from him?
3) Can we complaint this matter in front of the judge that despite giving all
documentary evidences the workman's lawyer is betraying him (may be he
must have joined hands with the opposite party as a result of greed) and
helping opposite party in delaying the case further?
skg
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reinstatement in service after suspension
My father was principal in a government institute. he was trapped by 'Lokayukt' in a case bribery under a conspiracy, and was therefore suspended with immediate effect. Now 90 days have been elapsed since the suspension, but until now neither any action has been taken by the government nor has any kind of 'challan' been produced by the 'Lokayukt'.
Now he is confused about what to do next as he has been suggested by some local legal experts different legal advices. So please suggest me what should he do:-
a.) He should request for his reinstatement (he has been told about some rule of reinstatement after 90 days of suspension).
b.) Join the post previous head quarter (where he has been suspended from).
c.) Join the post at the present head quarter.