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raju   17 August 2024 at 15:34

No appointment letter

In private job employee worked for 7 years and then employer removed the employee without any query or notice and also did not pay his dues. The employee filed case before civil court for reinstate with back wages. The employer before filing written statement filed application for production of documents. My query is that employer did not issue appointment letter. The employee is having identity card and salary was paid by cheque which was drawn from employer account. Will this be sufficient to prove that he was employee of the employer. It is also understood that when employer didn't issue appointment letter criminal case under section 406 and 420 can be filed.

Anonymous   13 August 2024 at 15:02

Undue favour to employees for pay fixation.

Sir,
Dear Sir,

During the COVID-19 pandemic (2021), our office (being a PSU) issued a circular elevating a few of my colleagues to officiate in the role of Senior Manager. There was no transparency or circular outlining the requirements for the Senior Manager position. This circular towards officiating came as a shock to other managers, as only a select few were chosen for the role without any clear criteria. Similar instances have occurred three times in our office without informing the other managers.

Recently, all managers were promoted to Senior Manager (all the officiating circulars were withdrawn prior to promotion-DPC) and we received the pay fixation letter after three months. The officers who were selected to officiate as Senior Managers were granted two additional increments. This situation is very demotivating and raises doubts about the fairness of the process, especially since the Manager (HR) is also one of the beneficiaries.

Avinash Mehta 128   02 August 2024 at 02:57

Labor law advice for my job

I join Accenture company through third party. They I said I get cab facility. So I leave my old company and join this company. For 1 month we are in training process from work from home. Now company saying they can't provide cab facility because my place is not in boundaries zone. I said I can travel to boundaries zone. They said it not allowed. You have relocate.

Anonymous   30 July 2024 at 16:30

Regarding ews certificate

Hi Sir/Madam,

I got a typical problem and need your suggestion.

I am 31 years old, unemployed government job aspirant.
I have applied for PSC(Public Service Commission) exams and will be appearing for them in the coming months.

I am married and we have a kid. When we were married, my wife was working and her salary was above 10lakh per annum. However after our kid, she couldn't cope up with work because of her health conditions. So she resigned the job in the month of August 2023. From then on, she is also jobless. So in the month of February 2024, I have applied for EWS certificate and got it.

However EWS certificate has a clause that it will be given for the previous financial year, that means that the EWS certificate that I got is for the financial year 2022-23, during which my wife holds an employment.

Rightly speaking, even after marriage my wife had to support her maternal family because her father got expired and her brother was still studying. So we were not completely financially stable even though she earned a decent salary. And after her resignation, things got worse.

So, I applying for EWS was legitimate and I know that strongly.

But legally this may not be correct.
Here I need your suggestion. Will this be a problem in the future?
Will there be a question raised that "while ur wife was working, how could u claim for EWS?" If it arises, what reply should I give. Is there any way out here, legally?

I have put my soul and time all these 10years into this exam, and now these questions are making me miserable.

Please suggest me here.

Anonymous   28 July 2024 at 21:57

Ready to serve notice 90dys, co. releasing early without pay

"Hi, I have resigned and my notice period is 90 days, earlier I asked to relieve me early by 17 days, to which they did not confirmed any date and instead just email back and forth saying we will try to release you early.
Meanwhile they are trying to take handover as soon as possible, It took about a month from my resignation date. So I had enough and emailed that I am ready to serve entire notice period and get my resignation approve from my Department head and I have received email trigger from portal that the last working date is as per complete notie period, I do have copy of email on official email ID, which I have forwarded to my personal email Id and all other important emails of resignation to my personal email ID as a proof.

I still have 1 & half month of notice period to serve and now they are asking me to given complete handover within 3 days, planning to release me early without pay.

So far as I know that as per law if employer is asking me to leave early they should pay me my salary. And as per resignation policy also , it has been mentioned like wise, I have took screenshot of policy as well for proof.

Do I need to worry.
If I give handover early, can company ask me to leave early without pay. What other steps I should take.

I have all the email communication on official email id and later I have forwarded it to my personal email ID.

Please help me out of this harassment."

Anonymous   28 July 2024 at 21:37

Ready to serve notice 90dys, co. releasing early without pay

Hi,

I have resigned and my notice period is 90 days, earlier I asked to relieve me early by 17 days, to which they did not confirmed any date and instead just email back and forth saying we will try to release you early.
Meanwhile they are trying to take handover as soon as possible, It took about a month from my resignation date.
So I had enough and emailed that I am ready to serve entire notice period and get my resignation approve from my Department head, I do have copy of email on official email ID, which I have forwarded to my personal email Id and all other important emails of resignation to my personal email ID as a proof.

I still have 1 & half month of notice period to serve and now they are asking me to given complete handover within 3 days, planning to release me early without pay.

So far as I know that as per law if employer is asking me to leave early they should pay me my salary.
And as per resignation policy also , it has been mentioned like wise, I have took screenshot of policy as well for proof.

Do I need to worry.
If I give handover early, can company ask me to leave early without pay.

What other steps I should take.
I have all the email communication on official email id and later I have forwarded it to my personal email ID.

Please help me out of this harassment.

Anonymous   20 July 2024 at 18:01

Forwarding a service file through proper channel

My department is not implementing cat orders. There were three respondents. First one the DDO who forwarded file to director and she kept it with herself. Nxt hearing of CAT, respondent no. 2 i. e director was asked to file compliance report along with affidavit. She still doesnt comply. CAT asked learned counsel of govt. to file reply. What should i do now

chirag patel   18 July 2024 at 12:56

Trade union act

IN MY ORGANISATION ONGC LTD, ONE TRADE UNION EXISTS WHO IS NOT FOLLOWING CERTAIN RULES AND REGULATIONS OF THE TRADE UNION ACT. THIS UNION DOES NOT HOLDS ANY AGM AND ALSO SINCE LAST 3 YEARS TILL DATE IT HAS ALSO NOT RELEASED ANY NOTIFICATION OF ITS MEMBERS. IT HAS ALSO MADE TREASURER WHO IS NOT AN EMPLOYEE OF ONGC LTD AT PRESENT.
WHAT ACTIONS CAN WE TAKE AS A MEMBER OF THIS TRADE UNION AS PER LAW.

THANKS

chirag patel   18 July 2024 at 12:45

Leave rules for a reinstated employee

I have been reinstated by the supreme court in the year 2022 with 25% back wages and continuity of service. Now the management is treating me no work no leave. While calculating the back wages management has calculated the wages including basic pay plus dearness allowance alongwith all the allowances at 25%. also management has calculated terminal benefits like pf etc on 25% of basic and d.a. for eg. if my actual basic is 10000/- , 25% basic pay will be Rs. 2500/- and management has calculated pf on Rs.2500.00 and not on Rs. 10000/-. As per court order all the incidence of services given to other similar placed employees must also be available to us. Please advise me whether management is rightly calculated the arrears as per supreme court order. And what are the leave rules for a reinstated employees.
thanks

Anonymous   13 July 2024 at 08:06

Help on unfair termination/one sided appointment letter

My services were terminated from subsidiary of a major private group, without serving any notice, whatsoever. For justification, they had referred to my appointment letter, which stated that during probation period of 6 months, they can terminate without serving any notice/or any reason thereof, whereas employee (i.e. me in this case) would need to give 2-months notice. It may be however, pertinent to note that detailed appointment letter stating these conditions were only provided on the day of joining, and prior to that the acceptance of my joining it did not mention this condition of terminating without any notice. I was told in person that this condition is only a formality and I should not worry. On the day of leaving, they asked me to sign many documents, particularly stating that I have resigned on my own and I was not terminated, else they would not give me the settlement pay (F&F). Hence all documents have my signatures.
My question is the following:

1) Whether it is legal to have one-sided conditions at the time of joining (no notice period from employer and 2 months from my side).
2) Which authority can I approach for justice (Human rights commission, labor commissioner or court of law).
3) Can I claim for 1 year of my gross salary, as they kind of cheated me with the one-sided employment conditions which were revealed only on date of joining. Further, for senior positions, it takes at-least 6 months to find a new job
4) My signatures are there on all documents, resignation letter which they asked me to sign and employment letter on the day of joining stating my acceptance of all terms and conditions, including this one sided notice period. Kindly guide,