10 September 2018 at 17:15

Regarding Payment to employer from employee

Sir,
I have joined in a company recently I have worked only for 35 days they have tortured me in the work and they want me to work almost 12 hours per day so I have just left the company without serving of notice period,
I have applied for immediate resignation and they are not approved it..
Now there was issuing a notice stating that I need to pay one month salary..
I am literally doesn't have cash..
So how can proceed further..
Please help me to get out of this.
Thank you in advance for your time and help.


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Anonymous
10 September 2018 at 11:21

Pay fixation and in-situ TBP

Sir
I was working as constable in Jammu and Kashmir police w.e.f 30-07-2007 to 31-12-2013 in the pay scale of 5200-20200+ 1800 and drawing basic pay as on 01-7-2013 Rs 7090+ 1800= 8890.Then I have been appointed and joined as Jr.Assistant through proper channel as an in-service candidate on 01-01-2014 in the pay scale of 5200-20200 + G Pay 1900. My question is sir, what will be my next basic pay as on 01-01-2014 & on date of next increment i.e on 01-07-2014 on joining the new department on new post and how my seniority will be fixed. Will my past service rendered will be considered for in- situ promotion as per J and K Civil Service Rules..


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Anonymous
09 September 2018 at 09:25

F&f delayed with less amount

Dear Concern I have resigned on 1st June from the company. As per the contract I was eligible for a notice period of 30 days, which I duly served. The Exit Communication stated f&f settlement maximum by 30-45 days, post completion of same I dropped a mail for inquiry, further which they promised to have it done by the second week of September . On the 67th day from LWD , I received a mail containing a sheet for approval on amounts before 3 working days, I would like to confirm points as below - 1.- Can I file a compensation for delaying the fnf process if yes, how much? 2.(a)- Incentive earned in the month of May, were to be settled in the month of June, which is still not included in the fnf calculation , 2.(b)- Incentive for the month of June(notice period) - Am I eligible to get the notice period incentives?? (Company changed policy w.e.f july - From july onwards the incentive earned during the notice period will not be given) 3.The Performance linked Incentive included in the CTC are pending from 1year 1month . Can I claim that post resigning too?


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Anonymous
06 September 2018 at 11:29

F&f delayed with less amount

Dear Concern
I have resigned on 1st June from the company. As per the contract I was eligible for a notice period of 30 days, which I duly served.
The Exit Communication stated f&f settlement maximum by 30-45 days, post completion of same I dropped a mail for inquiry, further which they promised to have it done by the second week of September .

On the 67th day from LWD , I received a mail containing a sheet for approval on amounts before 3 working days,

I would like to confirm points as below -
1.- Can I file a compensation for delaying the fnf process if yes, how much?
2.(a)- Incentive earned in the month of May, were to be settled in the month of June, which is still not included in the fnf calculation ,
2.(b)- Incentive for the month of June(notice period) - Am I eligible to get the notice period incentives?? (Company changed policy w.e.f july - From july onwards the incentive earned during the notice period will not be given)

3.The Performance linked Incentive included in the CTC are pending from 1year 1month . Can I claim that post resigning too?


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I am employee for some company, while joining time i.e Feb 2015, i signed the bond paper to serve minimum 1 year, and also he take my SSC original certificate also, while my joining time i am deputed to my client location, after 1 year i sent the my resignation notice period through mail due to problems with my increment, but he again negotiate the my increment, so i continue my duties upto 2017, after the contract period of my client, i am sending the mails about my position in current company, but he doesn't replied me any mails, after i move to my current company by taking the service experience and my SSC certificate, but on that time he asked me to serve 2 months notice period, but due problems with my increments i again submitting the my resignation hard copy to him, after 2 months he talked me to stay here and i am asked the best increment ,he accepted with that, during the period he put the more stress on me to work more by staying extra hours, even he don't given the documentation for developments also, even some visitor said one point, he ask me to develop in our project, even i told him to those are not our programming language also, but he stressed me to complete, due to these problems and my health not supporting to work more hours i.e extra hours, i am submitted my resignation with notice period, he is taken but he not given the any acknowledgement and also he put the pending of my increment in last 3 months onwards, i remembered him through mail from last 2 months onwards, but he not replying , so one day with face to face talking, i am asked the acknowledgement, but he has force me to complete other works also after that he relieved me, so by the things i ask him to 1st give me the acknowledgement and also clear my increment which is pending on last 3 months onwards after that i continue my duties, these things are said to him and i quite my job on that day onwards. he not payed my last month salary also, and he hold my SSC certificate also ,after 2 weeks he planed to send the legal notice to me now.

he hold my previous employees original education certificates also, some people are leave there certificates to him also,

is there any way to recover my salary, SSC Certificate and my service notice period, please suggest me .

Thank you.


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A bus driver joined our school in 10-07-2001 left service on 31-03-2008. He filed a case for gratuity before the Asst. Commissioner for labour, and the same was settled in 2017 outside the court. He got the amount and signed declaring that he has no arrears due to him. Now he has filed a case in the Labour Court making a claim on the following grounds:1. Arrears of salary. 2. Overtime wages 3. National festval holidays wages 4.Leave wages 5. Bonus The school bus driver timings are 8.00 am to 9.00 am and 4.00 pm to 5.00 pm. (2 hours of driving per day). The school working days per year are 220 days only as fixed by the Govt. of Tamil Nadu. All festival days and Sundays are holidays. The drivers report only on the working days, and 145 days are holidays for them in a year. Salaries are paid on the first of every month and signatures are obtained in the salary register. Bonus is paid every year at 8.33% at the end of December every year. Since we have to maintain the attendance and salary registers for the past 10 years only, we have got them starting from 01-04-2008 only. Do we come under the Shops and Establishments Act ? Is he eligible to make a claim as stated above ?


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25 August 2018 at 17:08

Non payment of Incentive

Dear Sir,
I was working as DSE for a distributor for last 24 months but last month the distributor abuses me & asked me to leave the job even i was agree to quit the job & when i asked for my salary of 1 month & incentive for last 24 month he abused me & refuse to give my incentive of last 24 months before that when ever i asked for incentive he delayed me to give but now when i am ready to leave the job he refuse my incentive. Sir pls help me to get my iincrntiv
Thanking you
Nitesh Sharma


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Reward is passed by Industrial labour tribunal jalandhar against us as ex parties . where we appeal or challenge this reward?


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I have some query regarding interpretation of some clause of above Act please help in interpretation of same.

Section 2(h) of above act is is as follow: -
2 (h) “Pension Fund” means the Pension Fund established under sub-- section (2) of section 3-E.

sub-- section (2) of section 3-E. of above act is as follow : -

3-E (2) Notwithstanding anything contained in section 3, there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme,-—

(a) such sums, not exceeding one-fourth, of the amount payable to the Fund under sub-section (1) of section 10-D as the employer’s contribution as well as the employee’s contribution, as may be specified in the Pension Scheme;

(b) such sums as the Central Government may, after due appropriation made by Parliament by law in this behalf, specify;

(c) the net assets of the Family Pension Fund as existed immediately before the establishment of the Pension Fund; and

(d) any other contribution which may be made to the Pension Fund with the previous approval of the Central Government.

sub-section (1) of section 10-D is as follow : -

10-D. Payment of contribution by employers and recovery thereof from members .—
(1) The contribution shall be payable by the employer (hereinafter referred to as the employer’s contribution) and by the employee (hereinafter referred to as the employee’s contribution) at such rate as may be specified in the Coal Mines Provident Fund Scheme, and the employer shall pay the employer’s contribution as well as the employee’s contribution, whether or not he has recovered from any employee the employee’s share of the contribution.

if contribution rate is 12% by employee and 12% by employer in Coal Mines provident Fund Scheme i.e. 24%.

how much maximum contribution can be made in pension fund as per section 3 E (2).

whether it will be total 6% i.e. 3% by employee and 3% by employer ?
or total it can be 12% i.e. 6% by employee and 6% by employer ?
or whether it can be more than 12 % as per section 3E (2) ?

Thanks in advance for your kind help.





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18 August 2018 at 22:18

Regarding dearness allowance

Hello,
For calculation of DA as percentage of basic, government has some procedure. I understand that dearness allowance is not mandatory for publicly listed company such as Reliance industries or Tata Motors, etc.
However, If the publicly listed company decides to pay DA, can it do calculations for DA on its own or it has to follow government guidelines?
Thanks!


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