LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   06 September 2023 at 15:39

Regarding gratuity amount

Hi Everyone,
I joined in an organization on 2nd Jan 2019 as a Intern, my intern was 3 months period. After they recommended me as Trainee from 1st of April 2019. Now I am in a notice period and my last date is 29-09-2023. But they considered my joining date as 01-04-2019 and when I calculate my total experience from joining date, it is 4yrs and 6 months. But when I calculate from Intern, it is 4 years and 9 months. Please clarify me whether I am eligible for gratuity or not. Whether they will consider my intern period, but I have worked in live projects in my Intern period. Please Clarify.

Susant kumar   06 September 2023 at 13:43

Employee compensation policy details

Any one suggest the employee compensation policy applicability

Worker limitation, industry specific ?

Susant kumar   04 September 2023 at 12:40

Bocw applicability

Sir


Is BOCW applicable for lift installation company and electrical company working in a construction site?

Anonymous   01 September 2023 at 18:53

Cheating employer

I am worked as a software developer, I have a health issue I was take for one week and send the letter to Hr department they are call back and said that "once your health cure you can join and can take one month leave" my health cured after 20 days I call back ask for joining they are said to me your are terminated and consider as abscond because you are not said to me and not taking permission with us
They are taking final settlement last month salary compansated and they are giving even reliving certificate and payslips after that it will difficult get the job with out experience certificate

jeyakumar   01 September 2023 at 14:50

Vacancies notified/advertised reg old pension scheme

respected experts,

As per the OM dated 03.03.2023 of DOPT, those who were recruited against a vacancy/post which were notified/advertised before 22.12.2003 are eligible for Old Pension Scheme.

i am giving a brief of our issue.

1. In our dept, Recruitment Rules for a post along with the vacancies were notified in the gazette in 13.09.2003

2. for which advertisement for recruitment was issued by the SSC during 2006 and exam held in 2006. we got selected.

3. the vacancies belong to the year of 2002 to 2006. but all the vacancies were notified in the RR vide Gazette dated 13.09.2003.

we have represented our claim with Dept. if our dept rejects, can we get favourable judgement from courts? becoz Ernakulam CAT has given judgement in favour of vacancy aised if before the notification of New Pension Scheme. Some are getting rejection letters saying the notification we referred is just a RR notification. but we claim that this is not just RR notification and vacancies notification too as per the OM dated 03.03.2023 as it nofitied the number of vacancies and selection process, eligiblities and etc.

thanks in advance for your replies.

Anonymous   29 August 2023 at 15:39

Gratuity claim

I was working with a PSU since October 2000. Recently I resigned from the company and joined another PSU. NOC was required from previous organization for transfer of service benefits. The previous company issued me the NOC which I submitted in my new company. Now, when I submitted the claim for Gratuity ( 20 Lakh ), the previous employer is now saying that you cannot claim Gratuity. It can only be transferred to your new company.
I want to know if I can ask for settlement of gratuity or not. Is transfer of gratuity is the only option? Can anyone tell me if there is any rule/Law/Act which says that Gratuity can only be transferred from previous employer to new employer and employee cannot claim for settlement in cases where NOC has been issued? Kindly quote the Clause/Act which says that gratuity can only be transferred and there is no other way to settle the Gratuity.

Isaac Gabriel   26 August 2023 at 20:27

Gratuity payment

The controlling Authority passed orders for the payment of gratuity.The Management filed an appeal duly remitting the award amount to the Controlling Authority.The appeal fails and the Management filed appeal in High Court. But no stay was ordered. The case is pending for the last five years in High court.But the controlling authority refuses to disburse the amount pointing the High Court case. Whether action of the controlling Authority to refuse payment is as per law. What is the remedy.

Anonymous   23 August 2023 at 08:46

Counting of past services

Dear respected lawyers,
I had joined a govt university in year 2017 as Assistant Professor. I have past contractual services (year 2012- 2017) which I had requested in year 2019 to the govt university to count for promotion under Career Advancement Scheme(CAS) using UGC regulations 2018 but university denied my request citing clause of UGC regulations 2010 that is for break in service. However, I made the request to count my previous contractual services in year 2019 under UGC regulations 2018 which had been adapted by university and in which the "break in service" clause for contractual services is removed. Is it possible for me to avail benefits of counting of my past services under UGC regulations 2018? Thanks in advance.

Anonymous   18 August 2023 at 20:47

Promotion

will the preceding 15 years as a peon will be counted in one's promotion to peon if in between he has been punished for reversion after being promoted as clerk. 5 years of service is required for promotion from class iv to class iii

Shailendra Kumar Dwivedi   10 August 2023 at 13:35

Notice period

Hi All,


I was appointed by a private limited company in Delhi. My appointment letter sates that If employee resign his/her job after working 1 years, then he/she has to complete the notice period of 1.5 months otherwise company will deduct amount of notice period from his/her salary. Now I left the company after completing 1 months of notice period and company deduct my 15 days salary saying that you have not completed notice period. But I was written in my resignation letter that "I understand that my notice period is 1.5 months but I would like to leave the company in 1 months." The company accepted my resignation letter with notice period of 1 months and they relieved me after 1 months.They didn't even discuss about notice period but they deduct from my salary. I request to experts, please suggest, is there any chance to get back my deducted salary.


Thanks and Regards