Anonymous
14 November 2019 at 21:33

Suspension

A clerk in a senior granted (govt. aided) college has certain doubts regarding his appointment and PF calculations. As college authorities did not take cognizance of his grievances, he communicated with relevant Govt. authorities through written correspondence. Thereupon, the Govt. authorities asked explanations from college administration about his queries. Therefore, college authorities suspended him for communicating with Govt. authorities and tarnishing the image of college and governing trust.
What are the rules about suspension proceedings? How much salary he should receive during suspension period? Is he expected to report on duty? What are the does and don’ts in such cases?


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Anonymous
13 November 2019 at 15:02

Gratuity

Dear Sir,
I applied to my ex employer for getting my gratuity after almost 11 years of continious service vide Form I and Form N on 07/12/2016 and 29/06/2017 respectively. My last date of service was 06/11/2016. The Controlling Authority here in Kolkata, West Bengal notified me and my ex employer to appear Vide Form "O". The OP was failed to appear and submit their AIC for 03 consequtive dates, hence my EIC was recorded on 07/06/2018 as per instruction from the Deputy Labour Commissioner.There after OP had started cross examine me which lasted for 03 days starting from 16/07/2018 and concluded my cross examine on 18/01/2019. They also didn't appear quite a few time during this period. Since then OP has only submitted their AIC but failed to appear before the controlling authority for OPW. They have escaped 10 months since my cross examination was concluded on 18/01/2019 by giving this or that execuses or may be asking for adjounment for the day.They didn't appear consecutive second day on last 11/11/2019 and once again controlling authority fixed up a date on 20/12/2019.

I tried to put up the scenario to the learned experts how the OP is trying to delay and dragging the process. I would like to know from the experts a) can OP delay the process as they have been doing, b) Is there any provision in the law to restrain such activity, c) Doesn't have the Controlling Authority any power to stop thiese practise and speed up the procedure.d) Is there any other authority where I can plea for a faster proceeding.

I look forward to your valuable suggestions \ advice and I welcome any suggestion from anybody which might be helpful for me.
Thanks & regards


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01 May 2019 at 16:23

Appointment of advocate

sir is any form of authority required for appearing on behalf of company before labour court


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Sir, My Brother was terminated in 2012 by Andhra Bank citing non disclosure of pending case at the time of appointment in 2010 (It is a false case related with matrimony which was closed in the year 2009 among the families and in 2012 officially in Lok Adalat 6 months before termination and the copy is submitted to Bank) We went to Hon'ble High court in 2012. The Hon'ble High Court considered our request and asked Bank to reconsider the matter in 2017. But, Andhra Bank is adamant on its stand and did not consider the order of Hon'ble High court. So, we went to Hon'ble High court again in 2017. But, till now, Bank didnot file its counter. Our advocate is saying that with out the counter, we cannot request the Hon'ble Judge to give ex parte judgement. I request you to kindly advise.


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10 April 2019 at 12:59

Offering various types of loans

Hello,
We have investors who are interested in financing projects of large volume. We also give out loans to individuals and companies. The procedures are as follows:-
1-The client need to send a brief summary of the project. This must include the total amount required for the project, estimated return on investment.
2- The interest rate will be 3% annually.
3- Repayment duration will be 1-30 Years.
4- Funding will take approximately 10 banking days from the day you present your application.
If you need a loan or an investor, Reply us for more information (etmoney.limited@gmail.com)


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Anonymous

Hello Sir,
I am working in a Pvt Ltd IT company in Mumbai since Jun 2017. The company sent e-mail show cause notice for not attending office regularly and attendance shortfall of mandatory 9 hr 15 min to which reply was sent last month. In the meantime they have sent more e-mails regarding termination of services and to meet HR today. I have lost my ID card so they issued temporary ID card later security took it back. I received another e-mail show cause notice about attendance shortfall. Please reply is it legal for employee not being allowed entry office and given notice regarding attendance? As per the employment terms issued by the company at the time of joining if employee is asking to be released from services he s/he has to give 3 month notice, the company can terminate with 1 month's notice. In this case as I did not submit resignation they are terminating without intention of paying 1 month's salary. Kindly advise as the reply to company's show cause is due tomorrow.
Regards, Sabu


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Anonymous
23 March 2019 at 14:19

Payment of commission on termination

Can someone please help with the below scenario?

I am part of a software startup where my sales commissions are paid in 3 phases. A percentage on order booking, a percentage on invoicing and a larger percentage on realising the revenue. After order booking, we invoice our clients on a monthly basis for usage of software (SaaS). Offer letter doesn't mention the duration for which I am liable to receive commission and the order can run into years until terminated.

I have recently have recently resigned from the company after receiving the purchase order for a large value. The company has said I am only liable to receive the commission percentage on the booking of this order. The percentages on invoicing and revenue for this order and earlier orders will be forfeited is what they conveyed. There is no mention of this clause in the offer letter or company policies.

What does the law say about this? Do I have a legal stand here?

Thanks for the help.


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Sir in judicial posts
Advertisement comes with 3 posts for ESP I.e Eligible sports person
Eligibility as per definition of ESP was sports person to be played at national level for state and Sports Gradation of Grade A and Grade B is shown in advertisement by saying that it comes under state policy of 2018
But the policy of 2018 has 4 grades A B C D( All grades level on decreased order I.e Olympics (A) to National school games (D) )
In the advertisement the eligible sports tournaments shown in 9 categories deals with Grade A and B
But in the state sports policy there are 13 categories ....9 to 13 deal with grade C and D which was not shown in advertisement
Also the sports policy says Grade A person can apply for Group A posts but Grade B can only apply for posts other than Group A
Now a person who is ESP as per definition of ESP having Grade D is not eligible for appearing in main exam by saying that your gradation is not as per advertisement I.e where C and D are not discussed
Note: No where in Advertisement it is written that Grade A and Grade B are allowed
No where in Advertisement it is written Grade C and Grade D are not allowed
It is mere presumption that A and B are allowed because Grade A and B are discussed in advertisement and only 9 categories of sports are discussed which only deals with Grade A and B
...

...

Now is not this discrimination with Grade C and D candidates who are not eligible but Grade B is allowed for ESP
And whether advertisement for recruitment in judicial posts can surpass the sports policy as the facts itself shows that by allowing Grade B eligible for Group A posts along with Grade A is pic and choose from the sports policy ( Also 9 categories of sports tournaments shown and only Grade A and B is discussed besides the fact that there are 13 categories and grade C and D are also there)
Whether the state can form there own eligibility for ESP by getting some part from the state sports policy And ignore the other


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Anonymous
19 February 2019 at 10:52

2 days overlap in it job - india

Please help me. I have 2 days overlap in my job. 1st company - Date of exit 26th July 2018 2nd company - Date of Joining 25th July 2018. I am unable to transfer my PF. I requested me previous company to help me out but they said they cannot do anything and this can be done by new company.

So i requested new company and the HR tried her best and initiated the process and sent mail to management for approval. Now, the legal team of my current company is saying that as per the policy of this company it is fine and let it be as is. I do not have any employment issue in my current company which they have confirmed. They will help me in rectifying PF either by giving declaration or withdrawing the amount.

I wanted to know this can be the issue with my future career turns. How should i be relaxed with this situation. What would be my future implications?
How do i tackle the Background verification process? I din't know that time that this can become so big issue.


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16 January 2019 at 15:09

Waiving of notice period

Hi Team,

I am really confused what to do with my company policy as I have resigned and serving my notice period for 90 days
according to my company policy for sepration states this clause

" Mandatory serving of notice period :- A minimum of 60 calendar days’ notice must be served by an employee in personal level 4 & above. Adjustment of notice period through accrued leave, waiver and notice pay will be allowed only up to 30 calendar days for personal level 4 & above. " with subject to approval from my current manager, I wrote an mail to my HR asking to consider this clause but they denied stating , they will not be able to help on the above clause. as we need to go with the company rules .

I have got an 40 and above percentage hike with better position , but need to know how can I get this waived off for 30 days according their document, I am ready to give the knowledge transfer to the new replacement and it is more than 20 days and still they have not found an replacement for my position and they are deneying my request.

please help I would like to file an case against the company for this .

please help contact me on my mobile ...


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