jagdish
27 March 2008 at 19:49
Dear Sirs,
I am an HR person working for a MNC.
Would like to ask you'all that whether Management Associates have a right to strike? or whether they have a right to take the case forward to a Labour Court?
Basically the above category are actually workers, however they are designated as Management associates.
Pls reply.
Jagdish V
SHYAMALKANTI MAHAPATRA
27 March 2008 at 10:54
DEAR SIR,
CAN A EMPLOYER SIGN MAKE ME SIGN A BOND ASKING ME NOT TO JOIN THEIR COMPETIOR FOR THE NEXT FIVE YEARS AFTER THEY RELEASE ME IN ACCEPTAnce TO MY RESIGNATION LETTER.
I WOULD LIKE TO MENTION THAT I WAS IN THEIR MARKETING DEPT AND THWEY HAVE NOT GIVEN ME ANY PROFESSIONBAL TRAINING.
KINDLY HELP.
REGRADS
SHYAMAL
prakash
27 March 2008 at 01:04
hi,
what are the legal document & permissions required for the insurance company branch in tamil nadu
Prakash
ANSHUL RASTOGI
25 March 2008 at 12:35
What benefit is available under central and state acts to sick company set up in utrakhand.
prakash
25 March 2008 at 04:37
Hi All
Anybody can send me TN Shops & Establishments Act at my email smaktraders@yahoo.com
(or)
prakash.cbe@rediffmail.com
Thanks & Regard
Prakash
prakash
25 March 2008 at 04:31
Hi,
Im Prakash as an admin in one MNC company,
i need to know what is shop and establishment act Act and what is the requirement for that this act come from which section.
In tamil nadu level if i need the act for my new branches...
Regards
Prakash
Dan Avson
24 March 2008 at 12:02
I had posted a query about financial bond which was answered by expert Mr. Manmeet Singh Arora on 6th March,2008.This query stands resolved now.
I came across a similar query from Mr. Biprangshu Saha under the subject Bonded labour which was also answered by expert Mr. Manmeet Singh Arora but the response to this query has left me a bit confused.
In answer to my query, it is informed that company can not force me to pay the bond amount as this bond(on a 100 rupee stamp paper)does not hold a legal value and it can not substitue my will to join other company or resign.
Where as in answer to the query of Mr. Biprangshu Saha, it is informed that he either need to serve his full term as bond or pay back to company.
Please clarify.
Dan Avson.
Himanshu Sharma
23 March 2008 at 13:16
Dear Friends
Is there any upper limit of Liability to an employer under workmen's Compensation Act, 1923 if an employee mets with an accident and suffers Permanent Total Disablement.
Please reply to this query on an ASAP basis.
Thanks in Advance.
Himanshu Sharma
sudhakar
22 March 2008 at 15:52
sick leaves & casual leaves are mandatory or not on company
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Resignation & related issues
Hi,
My wife was working for a local company here in Bangalore, since last 2 yrs. In the first week of March, she had a strong verbal argument with her senior & top most management. She wanted a temporary reduction in her work hours as she was sick and wanted some load sharing. On this, the management shouted on her & accused her of being irresponsible, not replying to emails and of using company resources for her technical up-gradation. They did not even discussed her main issue. She is very sincere & hard working and was very hurt on these accusations and left the company premises.
I then asked her not to go back and look for another job. However, our mistake was that we did not send a resignation email that time itself.
Three days later, her manager mailed her stating that she is on unauthorized absence and her behavior is again irresponsible. To this, we replied that she is not wiling to join and is resigning. We also clarified on the accusations. This mail was cc'd to HR & Director.
To this, her manager replied that she cannot resign as she is under an agreement. This agreement was signed by her in Apr'07 & commits her to work till Apr'09 with her BE degree as surety and there are no monetary conditions in it.
Also, as per the offer letter, either she has to serve a month notice or payout a month notice pay. We have decided not to claim for the certificates and as her Feb' salary was still not credited, we asked the company to keep that as the notice pay. There had been no reply or response from the management to this email. We have mailed them again & again, but they haven't replied.
Its been three weeks now and they have not credited the Feb salary, so we are assuming that they are keeping it as notice pay.
Now, the top-most management have informed us "unofficially" through one of her colleague that they will follow legal course as she is bound by the agreement, or else we should pay them the money, the company spent on her training and her usage of company resources. They have quoted an exorbitant amount. There is no written agreement of any sort which states that if she leaves, she has to pay for these trainings.
My queries are:
1. The company is not acknowledging or accepting a hard copy of the resignation, So the only resignation proof we have is the email exchange we had with her management. Even in those emails, they have not accepted her resignation. So as per the Indian law, is there a time frame after which it is assumed that her resignation has been accepted?
2. What are the probable legal actions the company can take against her?
3. Is she is still bound by that agreement, even if we are not claiming for the certificates?
4. Are there any financial dues from her side? Can we give a declaration to future employers that she has no financial obligations to this company?
5. The company is not giving her relieving & experience letter (as they are asking for money). Will it matter legally, even if the future employers take her without these documents?
6. How will this affect her TDS, as she did not get paid for Mar'08 & there is no salary credit for Feb'08 also?
Also, if you know of any good company lawyer in bangalore, please provide the contact details.
Thanks,
PJ