Rupali Ghawri
05 April 2008 at 14:56
Dear All,
As per my knowledge, we are suppose to maintain the employee personal files and other HRD records for the last eight years.
Am i correct?
Which law governs this?
Kindly advise.
Thanks,
Rupali Ghawri
Abhimanyu Soni
05 April 2008 at 12:56
thanks
Further to my last query, under which section it is mentioned that employee getting more than 6500 has an option for EPF
Is it necessary on the part of employee to allow any deduction under PF act.
Recently I have joined a company and there are some employees earning 25000/- per month and no deduction has been made in respect of EPF.
Upon asking, I am told that they did'nt opt for that.
Is it depends on employees discretion.
Abhimanyu Soni
04 April 2008 at 20:31
Dear All,
Is it necessary for an employee to get insured even if he/she is getting benefits as family member of his/her parents as they are anyway registered under ESIC?
Regards
Abhimanyu Soni
Abhimanyu Soni
04 April 2008 at 20:27
Dear All,
Is it necessary on the part of employee to allow any deduction under PF act.
Recently I have joined a company and there are some employees earning 25000/- per month and no deduction has been made in respect of EPF.
Upon asking, I am told that they did'nt opt for that.
Is it depends on employees discretion.
Kindly resolve this query ASAP.
Regards
Abhimanyu Soni
Rupali Ghawri
01 April 2008 at 14:45
Dear All,
We have many cases where confirmed employees are leaving the company without serving the notice period of 30 days and without giving proper handover.
In case we say that the company will not be able to give you the releiving letter since their final settlement amount is in negative; the employees are asking for an experience letter.
Kindly advise.
Thanks,
Rupai Ghawri
Abhimanyu Soni
31 March 2008 at 17:14
Dear All,
Is it necessary for a new employee to get registered under ESI whose parents are working in another organisation and alongwith his parents he is also getting benefits.
If he is already getting benefits; is it mandatory to get fresh registration.
Regards
Abhimanyu Soni
Tarun
28 March 2008 at 14:22
I have resigned from proprietorship FMCG Company mfg. cosmetics/ayurvedic product as vice president sales based at head office in Delhi & factory elsewhere after working there in group for last 14 years.Now they refuse to encash leave on ground that Leave Encashment has to be done only when a person retires on reaching the age of superannuation. Now I would be governed by which Act as per law for leave rules. They were giving 30 days EL prior to Feb 2007 in 1st Co.of group & after that 15 days in 2nd group Co.after my joining in that Co in Feb 2007. I have in total more than 125 EL to my credit in the last salary slip. They have encashed EL prior to my resignation to employes with full leave encashment as was in there A/c in the same Management cadre.
Regards
TK Suneja
Piyush Jain
28 March 2008 at 14:06
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
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Leave Encashment
It is understood that PF cannot be recovered from Leave Encashment.
I want to know the effective date of amendment in the said act.