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R P BANSAL   26 May 2010 at 20:40

Payment og Gratuity Act 1972

As per Section 4(1) of The Payment of Gratuity Act an Employee has to be in service for 5 years Continuous Service to become eligible for Gratuity.

The Section 2A. Definition of Contineous service " An employee is deemed to be conineous service for one year if in the said period of One year he worked for more than 240 days (section 2A.(2)(a)(ii))

Thus if an employee has completed fully 4 years and in the fifth year he has worked for 265 days , please advise as per above definition of Contineous Service for one year (more than 240 days in a period of one year)the employee has completed 5 years Contineous Service to become eligible for Gratuity.

Also please tell the employee has Worked for 4 years 265 days (4 years 9 months) and he was also paid 3 months salary in liew of 'Notice Period' for termination of service, thus total period becomes 4 years + 265 days + 90 days(Notice salary) weather he qualify to get Gratuity under Gratuity Act,

The case Relates with Employer Reliancr Communications Limited (Anil Dhirubhai Ambani Group) and my self who has Joined Reliance Communications on repeated persuations my Mukesh Ambani to join his Telecom Service by taking voluntary retirement from Senior Administrator Grade (Dy. Dir General or Jt. Sec. to Govt of India, Department of Telecom (DoT) Service, worked with them for 4 years 265 days, Anil took over from Mukesh the telecom service and terminated service of person like me in most inhuman ands unparliamentry and disrepctfull manner and even do not wish to pay the legally and legtimately entitled dues.

Kindly advise me,

Regards

R.P.Bansal

Anonymous   26 May 2010 at 18:43

GOVT LABOUR OFFICER EXAM PREPARATION

CAN ANYONE GUIDE ME HOW TO PREPARE FOR THE
GOVT LABOUR OFFICER EXAM.ANY BOOK WHICH I CAN PREFER & FROM WHERE IT WILL BE AVAILABLE

Anonymous   26 May 2010 at 09:58

salary , Esic, & PF Benefits.

Q. what is the condition for salary slip, Esic & Pf Benefits for a employees.

I am working in a Pvt.Ltd company and i am getting salary of 9,000 Rs. per month.
But i am not getting any of the Benefits like Salary slip, Esic and Pf Benefits also there is not deduction of Professional Tax.

and salary is given by cash and there is no voucher and proof is taken by the company.

I want to know what can be the reason for this that they can keep the employee on payroll without such valuable service.

Isn't is theft of Professional tax from govt. are Esic benefits.

what action can be taken against such employer.


Anonymous   25 May 2010 at 17:17

Compensation of heart attack suffered due to stress at work

Dear Sir/ Ma'am,

I am working with an MNC for the last 22 months. My work schedule was very hectic i.e. I was made to work even on holidays like saturday, few sundays, gazzetted holidays, apart from normal working days for a strech of more than 14 hours per day. Even after reaching home i was forced to answer work related calls. Due to all the stress etc I suffered a HEART ATTACK. Though my company paid for my treatment I still want to know if I can claim Compesation. I had given all the proofs to the concerned authourities which proves that I was being harrassed for long. Also i had given proofs of the illegal activities done by my superiors. But no action was taken. I am 30 years, kindly suggest future course of action for me & please make me aware of my rights. I have been the best performer through out at my work but financial recognition has been zero. my bosses have harressed me mentally, physically, emotionally & financially. I am married & have a 3 yrs daughter, but lost both my parents when I was 10 yrs old & I have no sibling. Kindly guide as per labour laws applicable.

Anonymous   24 May 2010 at 12:18

term employement

pl. guide me on term employement

Anonymous   23 May 2010 at 12:49

employment bond

is employment bond valid in india? I belong to a small place in MP Some how i completed my BE degree and 3 months back i joined this company through newspaper advt. i was not having time to read full papers. it contained that 2.5 year bond perios and 2.50 lack rupee value. my salary is 9500/- now the work is not good and my futre is at risk. so when i asked for resignation HR ppl say either work for 2.5 year or pay 2.50 lacs rupee... so pl guide on thiss

P.ESAKKIMUTHU   21 May 2010 at 20:23

retrospectivr dismissal

can any body furnish citations of SC to the effect that retrospective dismissal of workman,in the absence of specific rule, is bad/illegal.

P.ESAKKIMUTHU   21 May 2010 at 20:14

forced absence to contract labour

The service and employment of contract labour is protected by stay order of High Court.In such a situation whether the contractor can give forced absence thereby denying wages to the contract labourer.please give citations if the answer is "no"

M. PIRAVI PERUMAL   21 May 2010 at 18:36

REGARDING DENIAL OF PROMOTION

An government employee has been denied promotion by the employer for the reason that he was given minor punishment in earlier period during his service. I heard that the Madras High Court as well as the Madurai Bench of Madras High Court in a judgement has held that " PROMOTION CANNOT BE DENIED TO AN EMPLOYEE FOR THE REASON THAT HE WAS PUNISHED FOR A MINOR OFFENCE EARLIER IN HIS SERVICE ". I need the above judgement or any judgement on the same lines either by Madras High Court or Madurai Bench of Madras High Court.


Learned LCI member please help me by providing entire text of the judgements or citations in the above subject.

Premanshu   21 May 2010 at 14:22

How to recover bond which is already paid to company

Dear Sir/Madam,
I was earlier working with NTPC Ltd.(1 yr in probation 8 months in service),resigned from the NTPC and joined ONGC.At the time of clearence from NTPC they forced to pay 2 lakh for payment of bond(bond of 2.5 lakh for 3 yrs).The reason on which they forced to pay me bond is that i made to application to ONGC without proper channel.However when NTPC make campussing from our institute ISM,dhanbad they did't say anything about bond.We were forced to sign bond at the time of joining the company and we joined as there was no alternative at that time.

According to DPE guidelines the bond is transferable while switching from one company to other.

Please help me out so that i can have the payment of bond back.