radha
16 May 2010 at 12:46
Sir, Kindly advice on below mentioned case:
X had served Pharma companies of ranking 1st and one of top 10 companies in India as a Medical Representative, with meritorious service record.Later he was selected by a new company as a Area Manager and he established it in his Area with his efforts and knowledge from previous years.He was promoted to the post of Regional Manager by this company.He continued to contribute in strategy making and assisting his superiors/General Manager(GM).For his next promotion company asked him verbally to shift to Delhi, but offerred a meagre hike in salary.Due to his family reasons he expressd he can not shift.The company appointed a Sales Manager(SM) above him, and this guy was an old colleague of GM.SM started working autocratically and to show results started malpratices,and X did not become a party.SM was in tussle with X.Company intiated a talk to promote X to Deputy SM, but it did not materialise.SM developed cases against X, and influenced reportees of X to be against X.X sensed trouble and started developing his alternate sources of Income.SM and GM called X for a meeting by telegramme, a day before team meeting of X and told verbally they have decided to for sepertion with X and X should resign or face termination. X declined to resign and company terminated him levelling chrges of false rerporting loss of confidence, inability to lead, insatisfactory performance.X after legal notice filed suit in civil court, for reinstatement with full back wages. X has clarified there was no false reporting, and he has given teh best contribution and growth and Managers performing lower than him are still in employment of the company.
Company sent him the notice pay and asked to sign for full and final payment and did not include in F&F his legitimate dues e.g pending tour expenses and marketing expenses etc
Company has not paid 15 days salary, reimbursment of tour expenses and marketing expenses,leave encashment etc although X has been sending emails for an year.
X has been informing the CMD/Chairman of the company based abroad about malpractices of this company officials and the GM of X was made to resign, and his SM is sitting at the door to exit anytime.Everyone in Indian HO knows the emails sent to CMD are sent by X.
Can Co. hold the payment of his dues for last one year.
Should the company send the payment of his gartuity on their own.
The new SM ( old colleauge of X) has been requesting X not to send legal notice for release of his withheld payments and commented that the Company layer may file an application in court in next date that although the case is in court, X is sending emails to company asking for his payment.
Can the company lawyer do it.
What is the merit in this case.
Kindly advice on this case.
Anonymous
16 May 2010 at 06:50
Dear Sir,
I am serving with a IT company as Manager. Recently i have resigned. For smooth handing taking over i am ready to serve for 30-35 days notice period & pay tbe balance. However my superior is not agreeing to this . He says that i need to serve complete 60 days of notice period. As per appointment letter either party can terminate the contract with 60 days notice period but company reserves the right to recover the amount or nor. Also states that company if so desires thatn than the employee has to work for entire notice period. This is discriminatory, when company can take money in lieu of notice period i should also enk=joy same privelidge and sholud be able to pay for balance notice period. I am in trouble. Experts please revert
Chandan Garg
15 May 2010 at 12:33
What is the gratuity limit as on today... whether it has been increased to 10 lakhs or not...
i am confused..
please help
Dr.Gaurang N. Gandhi
14 May 2010 at 22:55
Pl Solve this very urgent ...
Is Religious trust comes under the definition of Industry?
As per labour Law which Laws are applicable?
If a person is employed on temporary basis by appointment letter for three months what will happen if he continue his duty if no extension or any further correspondence took place?
Gaurang Gandhi
gaurugandhi@rediffmail.com
+91 9429060515
raghavendra
14 May 2010 at 10:30
sir,
1. what is the procedures to take the contract labour licence?
2. is there any other licence require to provide the workes numberin 50 to 100, to the factory or company ?
3. is there any agreement require to provde this service?
Anonymous
14 May 2010 at 10:04
Our company is 15 years old. Initially we used to deduct 12% on basic and there after we have made a slab of 6500/ and continued the same for the employees who has joined recent years. Now we want to make 780 for all the employees.
Is is possible? if so how? Kindly let me know the process.
Anonymous
13 May 2010 at 17:25
Sirs,
The deductions from the salary are detailed in the Section 7 (2) (a) to (q) of Payment of Minimum Wages Act, 1936.
As per Sec. 7(3), the total deductions i.e. u/s 7(2)(a) to (q) should not exceed 50% of wages.
My query is the employees gross salary is 20,000/- and his deductions u/s 7(2) (a) to (q) are 9,000/-.
If the employee, voluntarily gives declaration to contribute to voluntary P.F. 2,000/- and wish to get 2,000/- deducted towards repayment of a bank loan, can the employer deduct this 4,000/-, though it would 50% of wages ?
Guidance solicited from learned friends.
Thanking you,
Anonymous
13 May 2010 at 13:53
Dear Sir,
Can any one help me to clarity the below mentioned doubt.
1.What is the effect of Prohibition of employment and abolition of contract labour respectively under contract labour act ( central)?
2.Fees structure, security deposit for registering establishment, applying license(Central )?
3. Who will be the registering and licensing officer ( Central) for the state of Tamilnadu, Kerala Karnataka?
4. In which name, ( In favour of ) the Demand Draft should be taken for registering establishment and apply license?
5. What is Form No:TR-6 and format of the same required?
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Notice period
Sir,
I have read in forum that:
The ID act evisage minimum 1 month notice period for worker. notice period will be as per company's standing order it will be one month or three month. most of campany decided three month notice period for staff and one month for workers.
Kindly clarify:
1. If an employee's notice period mentioned in his appointment letter is 1 month, would he be a worker and can he raise Industrial dispute.
2. can a company after writing notice period as 1 month in appointment letter, increase it to 2 months by a letter signed by Associate Director-HR to the employee and obtain its receipt from employee, and then claim that notice period is 2 months ( all this during the period attrition in the company is high) and then again decrease the notice period by a letter signed by Associate Director-HR to the employee and obtain its receipt from employee, and then claim that notice period is 1 months ( All this during the period the company is in te process of obtaining resignations from the employees /terminating employees to replace them with new manpower).
Is this increase/ decrease legally correct and valid.
What should be the correct notice period in this case.
Can the benefit of incresae in notice period and hence notice pay once given be withdrawn in case the employee is either terminated or a notice of resignation is given.
3.After this exercise of increase/ decrease in notice period and finally notice period once again being 1 month, can the employee raise ID in case of termination.
4.After this exercise of increase/ decrease in notice period, can the company keep notice period of 1 employee as 1 month and another as 2 month, evn if the employees are at the same designation.
Regards
Radhabeas@gmail.com