Vishal
24 March 2010 at 10:59
If any contractor engaging his labours through contract, who are working with him since last 4 to 5 years and which is continuation in nature. Is there any obligation for any contractor or ultimately principal employer to designate these labours as 'permanent' or to provide all the benefits as the permanent labours getting?
If any worker is continuously working with any contractor for more than 180 days, is the contractor bound to make him as 'Confirm' or 'Permanent'?
Please clear this...
Regards,
Vishal
Anonymous
24 March 2010 at 10:54
To: All Experts and Advocate
As per company policy (appointment letter which I singed) employee have to work in notice period of one month OR pay salary of one month (pay inlieu).
Sir, I resigned on 1st Feb.2010, and worked up to 6th Feb.2010 (I will to complete my notice period), but company blocked my last month salary (i.e Jan.2010) in which I worked full month. On the dated 8th feb. I came to know company blocked my last month salary, after enquery I came to know that HOD (General manager) given instuction to account and HR department about should not doposite Jan. salary.
And on the date 08th Feb I refuse to work in notice period because without salary it is difficult for me to servive for 2-3 months [i.e Jan, Feb, March without salary (final settelment have to take 20-25days after completion of notice period means my tentative final settelement cheque going to issue on 20-25th March)].
I requested HR manager to compansate my pending leves (32days including PL,CL,SL) or deduct my salary for remaining days of notice period but till date company not given me final settelment.
Ans now HOD & HR saying that you are not handover your charges so we will not issue your final settelment cheque until charge handover. But sir in my resignation latter I clearly mention that “Let me know my replesment to handover charges” but up to 8th feb. HOD as well HR not given replacement,
Before i stopped to work; I completed my pending work as well told everything related to senior (about wort status) but i dont have documentory proff of that.
I am not only facing this kind of dispute, before me (with me)4 other people are also facing the problem.
G.M saying that I given opportunity to work in this industry and you took disadvantage of it and now leaving organisation without my concern.
And one more thing i want to share that GM also cancelled my increment which suppose to be implente from month of oct.2009, other my colligues got the increment letters in month of Dec. except me.
So, please tell me in this situation what should I do and advice me for further step.
Anonymous
23 March 2010 at 16:43
i am working in firm of very known person for many years, but being known person and present job scenario - he is harassing me to work on all days (incl sat & sunday, govt holidays/festival) even not allowing permission for 1 hr for personal work, i myself and my family is mentally upset. i don't how to go about in future.
Anonymous
23 March 2010 at 11:37
Hi,
Pune Based company gave offer and i joined in bangalore (At client place)on 29July,2009.But after 3 days they found they gave offer without getting positive feed back from interviewer(client).So asked to stay at home and promised to arrange further interview but not.Just asked me to shift to pune over phone.But i have not agreed.
No communication after that even for my mails.
I received termination letter in October by email which was dated on Sept18.
But they gave salary for only 3 days.
What my point is
1.They delayed to terminate me.Its their MISTAKE.If they terminated immediately , atleast i would have started searching for new job.I lost the opportunity and time.
2.Can they terminate by issuing terminated letter with previous dates?
3.I want salary at least till the day on which date they issued terminated letter (Sept 18, 2009)
Pls let me know how i can proceed.
Thanks,
YSR
Anonymous
23 March 2010 at 11:16
I resigned my job on 9th Feb.10. and my salary from 21st jan-9th feb. is on hold.
Let me know how much time an organisation can tk to clear it out.
Vinay Mishra
22 March 2010 at 16:13
Dear Sir,
If any employee resigned or ask for resignation in how much time his Full & final settlement will be done.
Regards
Vinay
Anonymous
22 March 2010 at 12:28
Hi Sirs,
I was working for a company in bangalore.
Pune based company (ABC) arranged interview(Two technical rounds) with bangalore wipro as ABC recruits and deputed to wipro.
ABC gave offer letter and forced me to join in a week but with relieving letter from (then)current employer.
Since ABC does not have office at bangalore,ABC instructed me that i should report my joining directly at wipro on 27'July2009.
But they issued deputation letter/Letter of undertaking on 29th July.With that i joined in wipro.
Then End of August 1,2009 they asked me to not to go to wipro till they intimate further and asked me to stay at home.
After few days ,ABC HR Manager called me that wipro is not satisfied with performance so they rejected my candidature.
When i questioned(how they measured my performance as no work was assigned in that 3 days & no one talked technical things), then Hr told they did not give Positive feed back(after interviews).
So i informed that i am ready to face further technical interviews if scheduled.HR requested he will try to arrange further interview with wipro.But they did not come back.
After 10 days(around 2nd week of August after repeated mails),one of ABC HR contacted me over phone and checked about my willingness to work in Pune.
But i have not agreed as i have family in bangalore.
Then after no communication from ABC though i have mailed them repeatedly.
In October i received terminated letter but dated 18 Sept,2009 thru email and gave salary for 3 days.
1.ABC issued offer letter without getting proper feedback from interviewer(wipro).Its their negligence. Forced me to resign and join by 27th July otherwise it will expire.So i got relieved on very much difficulty before 27th july.
2.They issued deputation letter by 29th July.(But they did not paid for 2 days(27 and 28 july).After 3 days in office, i
am out of office and no proper communication after that.
3.I am job less because of their(ABC) irresponsible act.
4.What ever, they should relieve/terminate me immediately.But send terminated letter in October with pre dated(Sept 18).
They mentioned that i am terminated w.e.f.August 1, 2009.
It is not fair i think.
i want to SUE them for the below issues.
1.Its their fault/irresponsibility to give offer letter without confirming by interviewers.
2.They delayed to terminate me.If they terminated me immediately at least i would start searching for new job.They spoiled
my career.
3.I am demanding salary at least till the date(Sprt 18) on which they issued termination letter though i received in October
Hope these are comes under cheating and negligence.
How can i sue or proceed.
Will legal notice serve my problem,This comes under labour act or civil act?
Any time bound is applied in this case?
Thanks,
YSR
Bangalore
Anonymous
21 March 2010 at 18:49
I am a Lawyer at Nagpur. I have filed One Writ Petition Before the Nagpur Bench of Bombay High Court Claiming the Compassionate Appointment for a Son of second wife of deceased who was Hindu by religion and his first wife gave no objection ofr such appointment. The Employer WCL is having rule for appointment on compassionate ground.
Recently I have read in News paper that Justice Markandey Katju and Justice R.M. Lodha has given a verdict that son of second wife is entitled for compassionate appointment when first wife is having no objection. I have searched for the judgement reported an unreported but I could not found it. Kindly help me to get the judgement and opinion on the case.
sanjeev saraswat
20 March 2010 at 21:26
a case in which
when a labour is died while he was on his duty of delevering gas cilender, traveling on a privare vechile hired by his employer i.e gas agency,
a pettition is file in m.a.c.t in which compensation is claim from vechile owner and insurance company of vehile and after 2 month a n another pettition filed in labour court in which compansation is claim from the employer and insurence company of employer.
both the pettition claimants are same but opp, respondence are different.
in first pettion respondence are 1. vehile owner 2. national insurance company
in 2nd in w.c.a respondence are 1.gas agency owner 2.orental insirance co.
insurance co. saying in labour court that only one pettition is maintainable, because of section 167 of m.v act
while i want to claim from both the parties
what will i do
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Salary and Final settlement
Dear Sir,
I was hired as Sr Manager Marketing on Oct 13 and i joined on Oct 20 , 2009 . My employer gave me my first pay in cash on Nov 18 , 2009 ( 10 days salary Rs 30000). There after he never gave me salary on time . He gave my Nov Salary on Dec 20 , Rs 50000( Part payment) and rest 34000/- in Jan . He always quoted that company is in deep financial crisis.On Jan 25, 2010 all of a sudden he says that i will not be able to pay after this date . If you get a business than only i will pay . The business is a new concept in India and I told him that it will take another month to establish and really i was working very hard on it and always send daily reports of the happenings. I refused that i will not work without any commitment of my package and asked for the settlement of my Dec 2009 and till 25Jan 2010 salary plus my expenses incurred . I deposited the demo equipment on Feb 12 , 2010 and he committed me in written mails that your settlement will be done only after you deposit the company property. After deducting my leaves My claim amount is 1.58 Lacs and now is 40 days and my claim amount is not settled in-spite of sending reminders on e mails and calling him . He is not taking my calls. After trying for many days finally he sent two SMS that some he expecting some money , will do the needful ASAP . 2 days back I spoke to his daughter who is financial Exec director his 3 companies replied that she has no clue when my claim amount will be settled. i do not believe that a CMD of 3 companies with more than 50 employees is holding my small amount. I have lost trust in him as the way he paid my salary during my short tenure and the way told me that i cannot pay shows shirking from responsibilities and liabilities and not even care about the families of employees . I have no job now and am loosing Rs 90000 every month as per my last salary till i get another job . From Dec onwards I have no income . My 1.58 Lacs is struck-ed with him. Please suggest how to deal with him.