Anonymous
29 July 2018 at 11:59
Sub: Gratuity - Eligibility Criteria - Clarification - Request - Reg.
Dear Sir,
Your kind attention is invited to the above-cited subject.
I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date. As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. In this hospital, there is no practice of Superannuation age even for freshers. All staff, irrespective of cadre, entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed. Working hours: 9:00 am – 5:30 pm, 6 days a week.
On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 24/07/2018. (Kindly note, till date, neither No Letter of Resignation has been submitted by me nor the HR Dept has insisted submission of resignation). The total uninterrupted working period is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-
17/02/- 31/12/2014 . more than 240 days worked 1st Year
1/01/ - 31/12/2015 more than 240 days worked 2nd year
1/01/ - 31/12/2016 more than 240 days worked 3rd year
1/01/ - 31/12/2017 more than 240 days worked 4th year
Details of number of working days in 2018 5th year
1/01/18 - 23/07/18 . Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days
Notice Period: 2 months.
24/07/2018 to 23/08/2018 31 days
24/08/2018 to 23/09/2018 31 days
Total working days worked in 2018 = 267 days
Leave break up Casual Leave availed : 06 days (1/1/18 to 24/7/2018)
1/1/2018 to 24/07/2018 Earned Leave 09 days (entitled)
Un-availed CLs 15 days
Note: During Notice period, no employee is eligible for availing Leave and same will be treated as Loss of Pay.
Subsequently, the HR Dept has come forward with an option of settling my account against payment of Notice Period Salary (two months 24/7/to 23/09/2018) and advised submission of resignation immediately. On going through the whole of the HR exercise, it seems to be an effort to avoid Gratuity which I am eligible for.
In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and seek your invaluable advice for which act of kindness I shall ever grateful and thankful to you, Sir,
Best regards,
Very truly yours,
Sita.T
Dharmendra Pandey
17 July 2018 at 10:24
Dear sir
With due respect I would like to asking you that as I was worked as a Medical Representative in a Pharma Company and I resigned. The reason behind was that company put huge pressure on me to resign and under that pressure I resigned.but my question is that what are the benefits I will be eligible from company or could I challenge my resignation?
Anonymous
29 June 2018 at 16:03
I had 2 DD's made on 24th of Jan 2017 from my ICICI bank account in favor of a Pvt Ltd company. The beneficiary co. has been charged by ED and STF and their office is sealed. The DD's have been misplaced by me for which I lodged an online FIR. I contact the bank for the cancellation as the amount is with banks suspense account. The asked me for the Indemnity bond, FIR copy and NOC from the beneficiary. I have the Indemnity bond and the FIR copy but cannot obtain the NOC as the co. is sealed and the directors are in Jail with case running against them.
Pl guide me how to get the DD's cancelled.
Anonymous
29 June 2018 at 15:08
I am currently working in an public organisation for 2.8 years or more. In response to the minimum wages act or something similar(that's what we have been told), they have applied changes to the salaries of all fresh employees which hasn't been done in my almost 3 years of working. They have an increased basic and also a hike that makes it double my payment. We did receive an hike of a measly amount that doesn't amount to. I feel mistreated. Is this allowed and anything I can do?
Raju
27 June 2018 at 15:12
Hi,
This is regarding labour policy and buying out notice period, my wife is working with a finance company. The work environment is very poorly managed and there is lot of stress, the stress is that there is no limitation on working hours, the staff are expected to go home and process files till mid night, expected to work on Saturday's, public holidays and Sundays. The manager is openly saying that he doesn't want female employees and giving mental torture by humiliating people.
My question is how does it work when employees work for more than 9 per day
and other question I have is, the company offer letter is clearly says that employee can buy out notice period without any clause. But the management and HR are not letting my wife go and are expecting to complete 2 months notice period where as she has an offer with other company and willing to serve only one month and ok to buy the remaining period.
Need your valuable suggestion on how to tackle this, the managers are verbally humiliating and playing around with her.
Abhay Kumar Sethia
27 June 2018 at 11:53
Dear Sir/ Madam,
I have simple question that,
Is that the annual profit of the pvt ltd company is relevant in the calculation of the bonus? if yes then please provide the complete details regarding the calculation of the bonus using the annual profit figures, you can assume the annual profit 48 lakhs.
Srikanth
25 June 2018 at 15:55
Our full and final settlement has not yet been made by the company. It's the habitual practice of that company. whoever demands strongly for the full and final settlement, they will threaten by sending legal notices. Further, the company will not support and fails the employee verification process for such employee.
Last time few employees have been tried to file a police complaint for the delay in salary for the period of almost 3 months. Then they've been terminated immediately and notices were sent to them as the company name and fame have been spoiled and demanded to pay 25 Lakhs to the company as compensation.
It's been more than a year. All employees are feared of getting involved in unnecessary disputes with the company. We all held non-managerial positions.
1. Please let us know whether it is possible to file Winding-Up petition for recovery of salaries under the Companies Act 2013?
2. If yes where to file High Court or National Company Law Tribunal?
3. How long will it take in Winding Up petition?
4. Please mention if there are any alternative processes for effective/speedy results such
(a) Labour complaint
(b) Writ Petition
(d) Criminal Complaint
(b) Civil / Summary Suits etc.
Company Details:
Type: Private Limited Company
Registered at Andhra Pradesh
Working Office at Bangalore
Business Type: IT - Software Desing & Development
Directors: 3 (No.s) All belongs to the same family
Kamesh
23 June 2018 at 12:00
Is there any exemption for departmental test (executive officers - paper 141) under central government (UGC scale) for teachers and doctors in medical field (in partucular in Andhra Pradesh)
Pramod Kumar
20 June 2018 at 20:12
I had worked in one of the reputed public sector bank for 4 years and 298 days being my joining date as 29.04.2013 and resignation on 20.02.2018. my employer denied me that I am not eligible for gratuity as the rule of 5 years continuous service is not completed. Please guide me whether I am eligible for gratuity or not.
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Gratuity - clarification - reg
Sub: Gratuity - Eligibility Criteria - Clarification - Request - Reg.
Dear Sirs,
Your kind attention is invited to the above-cited subject.
I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date. As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. In this hospital, there is no practice of Superannuation age even for freshers. All staff, irrespective of cadre, entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed. Working hours: 9:00 am – 5:30 pm, 6 days a week. On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 24/07/2018. (Kindly note, till date, neither No Letter of Resignation has been submitted by me nor the HR Dept has insisted submission of resignation).
The total uninterrupted working period is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-
17/02/ - 31/12/2014 . more than 240 days worked 1st Year
01/01/ - 31/12/2015 more than 240 days worked 2nd year
01/01/ - 31/12/2016 more than 240 days worked 3rd year
01/01/ - 31/12/2017 more than 240 days worked 4th year
Details of number
of working days in 2018 5th year
01/01/18 - 23/07/18 .
Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days
Notice Period: 2 months.
24/07/2018 to 23/08/2018 31 days
24/08/2018 to 23/09/2018 31 days
Total no of days worked
in 2018 = 267 days
-----
Leave break up
Casual Leave availed :
(01/01/18 to 24/07/2018) 06 days
Earned Leave 09 days (entitled)
Un-availed CLs 15 days
Note: During Notice period, no employee is eligible to avail Leave, if so, same will be treated as Loss of Pay.
Subsequently, the HR Dept has come forward with an option of settling my account against payment of Notice Period Salary (two months 24/7/to 23/09/2018) and advised submission of resignation immediately. On going through the whole of the HR exercise, it seems to be an effort to avoid Gratuity which I am eligible for.
In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and seek your invaluable advice for which act of kindness I shall ever grateful and thankful to you,
Best regards,
Very truly yours,
Sita.T