Abeda S. Banu
26 October 2009 at 02:10
hello,
I am new in this site. I have a query and asking help from experts.
I am a state government employee working at a high school. salary comes from WB Govt.
My question is: Can I do part-time job in any private engineering college? Is it necessary to take permission from Secretary of my school?
Waiting from your suggestions. thanking you, ASBanu
skg
26 October 2009 at 01:07
Dear legal experts
Please read the following facts related to service matter and solve the queries numbered from 1 to 5.
An employee joins a company as computer operater cum programmer with a total salary of Rs. 7000/- per month and was posted
to income tax department of company where during his attachment with the tax department he learn TDS work from his senior
colleagues who were all Chartered accountant.
With his programming knowledge and learning gained from his CA colleagues he prepared TDS software in which he himself feed
data (investment details) received from taxable employees and the software generates various reports like monthly tds list
that was sent to payroll department for preparation of salary, TDS estimates which he gives to employees and e-returns that
are filed by him to Income tax department. His knowledge in other areas of taxation was nil.At the time of efiling of income
tax returns of company he being a computer qualified person, assists CA's by feeding data provided by them in ITR forms in
excel format which he downloaded from Income Tax department site and then upload these forms on Income Tax department sites.
In Eight years because of his hardwork and dedication he rises from non executive staff to executive staff which is also
known as management cadre staff that has grades M1 to M10.He become Sr. Execuitive and was put in M2 grade and his total
salary reaches to 25000/- per month.
Because of MNC enteries his company's business declined and the company was not able to give susbtantial increments to his
CA colleagues so some of them left the company for better highly paid jobs. Since during the eight years this employee
become perfect in TDS work the company did not recruit any more CA to look after TDS work and in this way he started doing
the TDS work of company independently without the help of any subordinate and started advising those employees who approach
him on tax minimizing by investing in various government schemes.
Because of enteries of MNC and declining business , in the next two year the company become sick and got merged in other
profit making company which was also doing the same business but their Tax department was operated from other location and
has a full fledged employee strength.So after passing of one more year the management of transferee company told the
employee to put his resignation as he was surplus to them now which he refused by requesting them to adjust him to some
other department where his computer knowledge can be utilised. They didn't agreed to his request and keep on pressurizing
him to submit his resignation and never allowed him to attend the office from a specific date which later on become his
termination date as per the company.When the employee thru a written enquiry asked reasons why he is not allowed to resume
his service the company send letter of his termination stating that you were informed well in advance in presence of two
witnessess that your service has been terminated on account of surplusage and reorganisation of tax department and you were
advised on that day to collect your full and final settlement containing 1 month basic pay in lieu of notice and as per
terms of contract.
When he asked for retrenchment compensation they give the reason that your nature of duties includes advising
employees,supervising, controlling and independent decisions in respect of all taxation matters and of subordinate employees
and your gross package being 25000/- per month hence you were performing Managerial functions in taxation department as a
Senior executive and hence you are not a workman who is only entitled to such compensation under ID Act.
Now my questions to legal experts are :
1) How can an employee whose major job was only
a)calculation of income tax of employees of various department and helping/advising those employees to minimize their tax
(by investing in various tax saving schemes) who visit him when they came to know thru their salary slip of each month given
by payroll department where he sends the TDS list of each month b) computer operation and programming c) keeping hardcopy of
TDS record in files be said to doing managerial function. In fact, Is not this a clerical job of data feeding in computer
machine,computation,keeping records in files like that of an accountant?
2) How he is taking decisions of all taxation matter when he is only having knowledge of TDS and operating TDS software on
computer and other taxation issues are handled by retainers/account personnels/consultants recruited by company when the
CA's left in earlier years
3) In which manner he is controlling or supervising other employees who even do not belong to his department of taxation but
are from different departments?
4) Can he file a labour case as a workman for illegal termination and reinstatement of service with full back wages under ID
Act or he have to file case for retrenchment compensation as workman?
5) Whether Owing to lengthy and delayed procedures of Indian judicial system where 8 to 10 years passess in a case,he should
bend and take whatever the company is giving?
Please reply suggesting important case laws (if any exists) in favour of employees under this type of situations.
Rgds
skg
Sanjeev Kumar
25 October 2009 at 20:32
someone please help me to draft a legal notice on behalf of an employee working as Regional Manager with a MNC in india. This employee has dislocated his shoulder which needs a surgery as per his medical reports, but his company is not giving him any medical leave neither are they giving him any medical compensation. Also when he applied for leave, the company is asking him to put his papers which clearly shows that the company is causing great harm to him. He is working on the pay-rolls of the said company.
Please help me with the relevant provisions to be followed for drafting the notice. A format of this kind of notice would be very helpful
Anonymous
25 October 2009 at 20:30
can someone please help me to draft a legal notice on behalf of an employee working as Regional Manager with a MNC in india. This employee has dislocated his shoulder which needs a surgery as per his medical reports, but his company is not giving him any medical leave neither are they giving him any medical compensation. Also when he applied for leave, the company is asking him to put his papers which clearly shows that the company is causing great harm to him. He is working on the pay-rolls of the said company.
Please help me with the relevant provisions to be followed for drafting the notice. A format of this kind of notice would be very helpful.
Anonymous
25 October 2009 at 09:06
I want to ask, if MNC plant shift within the state but kilometer is more than 25 km from the present establishment. There is any rule or legal guideline for company give the shift allowance (Bus facilities as usual as before). Every employees spending more than one hour spending in the travel. This surplus time can company compensate for employees by the enforcement of legalities. Please help us for getting some compensation for our extra time of traveling. we have a union also but it is not able to describe that allowance, they say no ground of it.
Thanks.
Anonymous
25 October 2009 at 01:45
Dear friends,
One of my friend company employees are facing following challenges. I request you to kindly suggest them the best course of action in this crisis, as our suggestion has an impact on 800+ families.
It is a software product company and the management run out of the country without paying salaries to employees past 10 months. Since employees doesn't have unity among themselves, they played very smart and escaped out of employee liabilities, creditors dues and govt dues.
Many of the documents are missing and no one knows what is happening in the company as the control is totally with 2-3 people in the management and they absconded leaving all liabilities. The properties are on lease and not paying lease rent also. They sold all assets and rest of the assets like chairs and tables will give only nominal values.
Recently, it came to know that they want to start another company through friends/relatives (with the diverted funds) initially and once this problem is sorted out (once peole forget this case), they want to come and join in that company at a later date.
Whom the complaints to be made against those people so that they should not do business within this land and cheat people again.
Can anyone suggest pros and cons of taking over of the company management by employees and run the company by talking to existing clients to provide support and meantime get an investor to run the business.
What will be the legal complications and precautions to be taken by employees in such situation. Even this looks hypothetical, if anyone come across such situation or if you believe a better suggestion, kindly suggest.
Thanks in Advance.
Vidya,
Bangalore.
Anonymous
23 October 2009 at 15:02
I am working in Insurance Company as DOPs executive in Mumbai. We were hearing about cost cutting from axing jobs of some of the employees. Some of our colleagues were asked to resign since last two months. But we were not informed about anything. Now they are asking resgination with backdated sign. That means they want us to sign today resignation with letter dated of 30th September or 1st October. But still we are working and handling our profile. What should be our line of action.
Anonymous
23 October 2009 at 09:37
I am ready to pay the bond money but the company I am joining wants my current company to give me on a company letterhead that I paid this money. However, my current company refuses to give me this. Is this legal.
Anonymous
23 October 2009 at 00:53
I am working for an IT firm and I was made to sign a Travel Contract.
Now, I have got an offer from another company, they are ready to pay the contract value. However, they have requested me to get a letter from the company on the letter head stating that I owe that amount.
I had a few questions regarding the same.
1. My company refuses to give me writing that I have owe the money is this valid.
2. The travel bond does not state the value that I am supposed to pay. It says that I will have to pay all the costs that the company has incurred for me for my travel. The company is asking me to pay 2.5 lakhs which includes charges like company travel agent cost and so on so forth and are also not ready to give the break up of the amount. Am I suppose to pay for these costs.
3. What would be the consequences if I don’t pay the money, as the amount that I spent on my travel was not more than 1.2 lakhs, as I have bills for my flight ticket, food and hotel stay.
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removal of benefits during maternity leave
Sir,
I am a regular employee with ICFAI Business School from past 5 years.
I went to maternity leave from 29th april -July 2009, the organization now says that the earned leave that I eran during this period will not be credited in my account as I was on maternity leave. Can an organization behave in this manner.