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Vinod Kumar   10 June 2010 at 09:13

Formation of Trade Union

Is there any criteria of minimum number of employees for forming a Trade Union

Anonymous   09 June 2010 at 14:13

Refusal to give relieving letter

My hubby was wkg as a VP in a proprietary tdg firm. After having been into job for 7 yrs, he started looking out for own business opportunities. His boss learnt about his this activity as 2-3 other colleagues of his were also involved. The boss forgave everyone but took away the team of 20 people reporting to my husband from him. My hubby resigned from the job. Initially they were not accepting his resignation so we mailed the resignation, dropped 1 copy at the office, surrendered the car and mobile one day. Next day the boss called my hubby and gave him an acknowedgement for the handover of company assets. Told him that it was nice wkg with him and the relieving letter will be sent once the Admin Guy comes back. All this happened on 6th May, 2010.

The company policy says that 3 months notice period is to be served but due to their job role, any employee who resigns is asked not to enter the premises immediately.

They are refusing to give the relieving letter. On following up, they are threating to send legal notice.

My questions: How to get the relieving letter? What is the legal course of action available to us and is our case strong enough?

manish   09 June 2010 at 12:15

full and final settlement

sir,
i had been working in a service oriented co for the last nine years. due to some argument i was asked to leave during the discussions with my md.

i later resigned voluntarily and served the notice period. i was only asked to sit in one place and not doing anything.

i received my relieving letter. but my full and final settlement is due.i.e two months salary + gratuity + bonus.

during the year 2008 i had cleared import shipment by paying excess duty of rs70000. later as per law we can file refund at customs.

this particular job is not mine.

now the company is telling that untill refund of rs. 70000 is not got they will not settle my dues.
what should i do.

AJAY KUMAR   08 June 2010 at 15:15

Pay Protection


Hello Friends,

I need your valueable advice on the below mentioned subject:-

I was in CISF (Central Industrial Security Force) and resigned on 3rd March 2006 (Wage revision was Due from 1.1.2006) and joined BEML LIMITED (a Govt Undertaking PSU under MInistry of Defence).

They protected my Salary in the old Scale (Here Wage Revision due from 1.1.2007).

In 2008 Central Govt. Announce the wage revision from 1.1.2006. I put up my application in BEML to protect my salary as per Last Drawn Salary, which i received from CISF on the basis of 6th Wage revision. BEML Mgmt informed me that they will protect my salary later. In Nov 2009 Govt declared PSU wage revision. Now they are saying you will not get the PSU wage revision and they will protect my last Drawn Salary from 1.1 2007 on Notional Basis and even we will not get the Arear for the 2006 as their was the difference of salary after wage revision in Central Govt. and PSU salary during 2006. They are telling you will be double benfited, if we will protect your salary from 1.1.2006 and again revise the same on 1.1.2007.



My Question:- I have resigned Central Govt in Feb 2006 (i.e after wage revision) and joined BEML FEB 2006 ( before wage Revision in PSU due on 1.1.2007). I want to Know whether i can get the pay protection from the date of my Joining (i.e 6th Feb 2006) and also can i get the PSU wage revision from 1.1. 2007 (it gives me double benefit).

Please guide me if any Law is their to protect the Last Drawn Salary. As they have already refused me to protect my salary from the date of my Joining in PSU.

Others, who joined from the same organisation (CISF) after 1.1.2007 has been protected as per their last Drawn salary. They also get the Arears for 2006 in CISF.

Regards

AJAY KUMAR "


Anonymous   06 June 2010 at 11:14

termination of my employment

Dear Sir,In December my boss sent me on tour while returning from tour i got an accident. I got a fracture in my elbow. for that i have to got for operation and i took two month rest for post operation recovery and physiotherapy. My organization didn't pay salary for that period.after joining i submitted my bills to hr department.The organization didn't pay me any claim, any reimbursement and any payment for the period when i was on rest for post operation recovery...after that my organization transfered me another place. I did my job there. Now I needed another operation to remove steel accessories fitted in my elbow.On 1st June,2010 , I applied for leave for the same operation by email. At the same day my senior asked me verbal to hand over the document which i was having.i gave them all documents. for next four day i was not assigned any job..On morning of 4th June I was asked by mail to go to HR department.I meet HR on 5th June.2010. My HR manager asked me that we don't need you please don't come from tomorrow to the office. he didn't gave me any thing in written..........Now what should i do?? i have three issue........my medical reimbursement......my salary for the rest period( 2 month) due to medically unfit. My termination.....please help me.......

Anonymous   05 June 2010 at 23:11

Leave Encashment Facility Under Compulsary Retirement

Compulsary retirement is a type of punishment where, the concerned employee is entitled for all types of retirement benefits including pension.
In such case, whether he is eligible to encash the available balance of earned leave? If yes, whether it is applicable for all types of departments such as Central Govt, State Govts and Banks and other public institutions.

harsha datta ray   05 June 2010 at 22:53

suspension as punishment

In a disciplinary proceedings punishment order dated 28/5/2010, promotion ia withheld upto 31/5/2010 but suspension to be treated as such. The order is silent on seniority issue.
1) Is such treatment of suspension period valid considering imposition of
such a minor punishment?

2) Is there any reference case law based on which appeal can be filed to the Appellate Authority against such treatment of suspension period in the DA's order?

raghavendra   05 June 2010 at 18:59

recovery of salary

sir

i did not have issued any appointment letter , i have worked for 40 day and i quit the job, employer not given me the salary for that 40 days, if i am asking through telephone they are telling, we will give your salary

i worked for 40 days

can able to take legal action against company

i had issued only one identity card which shows permit card


and i was used to sign over the attendance register daily,but i cant get that attendance register now

please give me advice

northsector   05 June 2010 at 15:26

Whether Gardener come under skilled labourer category ?

Kindly advise me whether Gardener comes under skilled labourer category or unskilled ? Whether they can avail weekly off ? And also advise their payment

northsector   05 June 2010 at 15:18

whether gardener is a skilled or unskilled labourer ?

Kindky advise me regarding the following questions :-
Whether Gardener comes under skilled labourer category or Unskilled category ?
Regarding their payment of salary ? Whether they are entitled for weekly off ?