Legal questions on Labour

Notice period buy-off not accepting by company

Dear Sir / Madam, I am Working in Automobile Manufacturing Industry @ Chennai for 1.4 Years. Now I got a better offer in Chennai itself and submitted the resignation by Mail As per Appoinment order in the present organization " Your service may be terminable by written notice of three months on either side or Salary in lieu thereof. Please note That in the event of any violation or breach of ...

Employee Termination

Dear Sir. I used to work with a Indian Pvt sector Bank in West Bengal. I had joined the Bank in September 2011 and worked till March 2015. I have performed my underlying job very well and no Memo or any action was taken against me during the period. In April, since it was beginning of the financial year I approached my Bm and superior authority and Regional HR Manager for transfer to or nea...

Termination of Job due to business reason of the company

I am working in a IT MNC company in Chennai. Now they have decided close our operations in this center by Sep 30 and the employees will be provided severance package. It is calculated as 4 Weeks salary for the 1st year and 2 weeks for the subsequent year. (If an employee has worked for 2 yrs, he will get a compensation of 6 weeks salary). My question in this scenario is as follows: - A...

Bonus denied

I have worked with XYZ BPO company for 2 years & resigned in May'15. I have been denied certain monetary benefits(refer below) due to resignation which I think on moral & ethical grounds are wrong: 1) We are entitled to receive bonus for the last calender year in the month of march i.e. for the FY 2014 it is due & paid in the march month salary I also received the same but due to some computat...

Service matter

I attached the orders of Hon'ble supreme court. Please kindly suggestion. We are the respondents. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.5358-5382 OF 2008 ANDHRA PRADESH PUBLIC SERVICE COMMISSION .......APPELLANT VERSUS SK.MEHABOOB SUBHANI AND ORS. .......RESPONDENTS WITH CIVIL APPEAL Nos.5383-5407 OF 2008 O R D E R...

Invoking dies-non with personal vengence

Sir, I s.janakiraman, working as Vocational Instructor(automobile) at VRCH, government of india, from 2006. i am providing training in automobile field to the differently abled students. it is my nature of duty. with my regular duty i holding 04 additional posts(as incharge) and discharging all duties, because of man power shortage in my office. As I was a store keeper incharge, HOO i/c is forc...

FEPL company not paying salary, not salary slip and no income tax

I joined this company in may 2014. i was told company is registered at the time of joining but company is not registered. when i asked for my salary slip next month, My boss shailendra Paranami told me company doesn't give salary slip to any employee. Later on i asked for my salary of may month on june 15 they told me its in process ( as per contract 7th of every month salary will be deposited)...

Defamation done and fired from company

Dear Sir, One of my colleague working with me while I was working for Jaquar & Co. Pvt. Ltd made a complaint whereby he allegedly called me gunda in his complaint mail and spreaded among all the higher authorities in the company. He made several blames against me in his complaint mail. Later on, an exhaustive enquiry was done by the branch head which took almost a month and till the enquiry wa...

Gratuity, PF & Full and Final settlement

I'm writing on behalf of the family of a deceased colleague of mine. He expired 5 years back in office during his duty hours due to natural cause. He had got married only 2 months before his death and was survived by his wife, mother and a physically challenged younger brother. The father left the family decades ago and there is no contact with him. Within a week of his death the wife went back...

Service Bond Related Issue

So i recieved a offer letter from my company and along with rough draft of service agreement (on a a4 paper) and they told me to sign it and scan it send it back to us....so that they can prepare the official bond...so i did that. after i joined they handed me the bond with my name & my dad's name (guarantor) on it and told me to get it signed with in a week and submit it to us ....as per that ...

Non receipt of variable pay / incentive

Dear Sir, I had worked in one of the reputed “X” organization from Nov 2010 to Mar 2014. Every year we get the Variable pay / incentive after completion of financial year (Variable pay / incentive based on increase in company’s turnover in the financial year) and incentive will be released in the month of May/June after completion of F.Y. 1. I have resigned from duty on 14th Mar 2014 ...

Subsistence Allowance - reg

Dear Sir, I was working as a senior manager in a private bank at Ichalkaranji, Maharastra and I was suspended in the year March 2011 and was dismissed from service from March 2012. Now i had filed a case in the district labour court at Tirunelveli Sir my question is after suspension all my accounts were frozen and I was not allowed any single debit operations. For this I had no proof only bank ...

As per my agreement can I terminate my notice period by pay back

I am working in a IT firm on contract basis, I want to know whether as per my contract agreement can I terminate my notice period by paying to the company or I need to server full notice period. As per my HR there should be mutual consent between the organisation & employee whereas nowhere in y agreement it is written. Termination point is mentioned below from my agreement letter: ""TERMIN...

Termination after resignation

Dear Experts, Brief facts of my case is presented below 1. I resigned on 6th October 2014, stating that I giving one month notice and my last day of work would be 5th November 2014. I requested to let me know if there is any task to be completed else notice period to be treated as paid leave. The resignation was hand delivered as well as sent by RPAD 2. Now, employer does not respond to my r...

Employee won in Appellate court employer went to High court

Bank officer went abroad after sanction of leave and has been regularly sending extension of leave no answer and when came back to report for duty, was advised that he was treated to have resigned from the Bank service whereas no resignation - filed case in civil court through Advocate - it took 15 years for the civil court to decide partly in his favor just for Bank's contribution of PF and no...

Job discrimination in Defence, police and in government sectors

Respected Madam/Sir, I would like to bring into notice to the judicial department regarding the job discrimination by defence/police and other government organizations during their recruitment process. During the recruitment process they are rejecting the candidates just because of the physical appearance i.e., they are fixing some physical fitness criteria’s e.g. Min Height of 175cms. Someth...

Resignation not accepted as per appointment contract by employer?

I was forced to resign by HR dept. In a heat of moment i resigned mentioning ` I resign from my post due to personal reasons, please relieve me.` After that HR told me to punch out & deposit the punching card which i deposited. No acceptance of resignation was given to me. After a week i withdrew my resignation & filed a suit in labor court. Then afterwards in court, i came to know the remark...

Employer Demanding Salary Back

Company had asked me to go to USA on tourist visa. But it was illegal and trip did not happen Then company pressurized to do trip at my expense. They only paid me $3000 for residential expenses in cash advance but there were no guidlines or rules or agreements. Then I agreed to repay in installments. And resigned to do full and final settlement. They did not pay me salary for 1 month and notic...

Company Cheated And Did Not Paid The Salary

Hi All, My Name Is Sandeep Singh, I Employed As An Technical Sales Executive In Ratchet Infotech LLC Gurgoan Haryana Since 18th Oct,2014, They Were Operating There Gurgaon Centre From Their Chandigarh (Headoffice Office). We Used To Get Our Salary On 5th Of Every Month In Our Salary Accounts Given By Them Only (Salary Cycle Was 21st To 20th E.G 21st Nov Till 20th Dec Salary We Will Get Paid ...

company using my iD without permission

I have resigned from an IT company last month on 5th march 2015 and they accepted my resignation and mentioned 27th march 2015 as last working day as per policy to serve 15 working days. But now when I asked for my pending salary and experience letter they are making excuse like: Salary will be paid after reviewing code of your project and experience letter will be provided once new develope...