Anonymous
01 July 2023 at 16:26
Dear Seniors,
One dispute raised in labour court under wages act 1936, employer not paid salary to his employee, Now employer give application in court that employee salary is more than 24000 hence it can not be considered under wages act 1936 so reject the dispute.
Now I want experts guidance about the case that how & what we should reply to court for consideration and judgement in favour of employee. this case under trail since last 2 years.
Humble request to all seniors and experts please share your opinion.
Thanks
Vasudevan
29 June 2023 at 13:25
Respected Learned Expert(s), the Central Administrative Tribunal, Chennai Bench has allowed my O.A.. and directed the Respondents to pay interest on belated payment of pension. However, no time is prescribed by the Bench. In such cases, what is the normal period of time allowed for the Respondents to comply with the CAT order. Is there any rule on such time limit in the absence of the same in the order of the CAT. Kindly guide me as I was the party in person in the O.A. Advance thanks to all the Learned Expert(s) in anticipation.
Prasad Bagaregari
28 June 2023 at 01:13
1. on behalf of one of my friend, who happened to be a Chartered Engineer certified by the Government of India,
with a qualification as graduation in Electronics and Telecommunication engineering and experience of approx
10+ years in the IT-BFSI domain for the areas like Software development, consulting, analytics etc.
2. The concern, narrated herewith, is associated with his employment with Organization called CABCS India Private Limited, 2nd Floor, CRN Square
Kasturba road, Bangalore - 560001.(Karnataka) which hired and employed as Senior Technical Architect between 04th Jan 2021 to 31st August 2021.
The course of employment was full time with six months probation between Jan-2021 to July-2021.
3. Upon working for eight months i.e. Jan-2021 to Aug-2021,he has decided to resign and resignation to the
CABCS management was submitted on 17th August 2021 which was accepted on the very next day asking for Last working date (LWD).
HR has approached to discuss the know-how and offered him to provide the last working date which was confirmed as 17th Sept 2021.
After which there was no discussion between the reporting manager and him confirming anything.
All of a sudden, HR sent him mail on 31st August 2021 stating the last working date. So, the notice period actually served was 15 days.
The reason behind 31st August 2021 as LWD for the employment was given by negotiating the amount of 15 days buyout which was pending
with management from the date of joining.
CABCS management had agreed to pay the buyout amount for 15 days notice period prior to joining which was later not paid
across tenor of employment.
4. The last working date was provided to him as 31st August 2021 without any discussion, notification or communication, but directly
mentioning about completion of payment of buy out amount which was not calculated appropriately.
The offer letter shared by CABCS on 30th Dec 2020 does have clear mentioning about the same as three months actual salary of an
employee while it was calculated as( (CTC/12)* number of unserved notice period months.
HR also mentioned in mail dated 31st Aug 2021 about the actual salary of two months for his case as he was able to serve only
one month notice period due to personal reasons which management accepted and decided to relieved him on 31st August 2021
5.Handover process of employment conclusion was executed as below:
Laptop Handover to HR : 18th August 2021
Access card : 02nd Sept 2021
All company owned access : 02nd Sept 2021
Therefore, except buyout amount there was nothing residual with him which implies that it was mutual
agreement between both to conclude the employment.
6.Finally, Upon multiple discussions, he has agreed to pay the buyout amount upon agreement by the management
for payment of variable components of salary for the last eight months (Jan-2021 to August-2021).
However, management did not come back with any conclusion upon internal discussion.
Organization has denied to pay any leave encashment for earned leaves though none of them were availed
despite there is no discretion in the offer letter
about non-payment of variable component and salary encashment.
(Evidence attached).
7.On the other hand, His ex-reporting manager kept his background verification on hold stating there is some
settlement pending with HR due to which he cannot proceed for the background verification confirmation.
This decision has brought a bottleneck in current employment as well.i.e. neither employment with previous
organization was possible nor was the smooth process of new employment also not so possible.
8.Finally, management asked to not pay anything but come back to join the Organization to serve the
notice period for again three months.
As never heard, the notice period of one month was though served appropriately and was completely
ignored by the management while offering so.
On the other hand, HR kept enquiring about the buyout amount payment and refused to issue a service
certificate.
9. As per the latest communication, Management has left replying to any type of communication and
also kept this case open marking his employment status as
"Absconded".
10. Even after so long duration, he visited the office in person in July-2022 to discuss about this
matter and find out what can be done to the
best but Management neither did show any interest to talk about anything but also did not
share Form-16 for the duration of May-2022 to Aug-2022
even after asking it.
11. He sent a legal notice to the said organization in Oct-2022 to which Organization replied stating
nothing is pending from their side but from his side only.
Requesting you to go through the matter and advise for the resolution to the best of your understanding.
Anonymous
27 June 2023 at 21:11
Hi, I have left company A on 14th April by keeping all my assents in Office and my trainer mailed me about leaving all the assets, I replied her saying quitting the company due to health issues, but she constantly insisted me to mark exit in the portal and I need. And joined company B and left it in 10days, now I’m working in company C (joined on 16th may)but I noticed that my employment was active in company A due to mark exit in portal my relieving date took as 27th July, so I mailed them to close as I left the company on 14th April, but in my company A pf exit date is marked as 12th may and there is dual employment btw company A and B for 25days. How should I resolve this? please suggest?
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21 June 2023 at 23:59
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21 June 2023 at 14:07
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21 June 2023 at 00:55
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Anonymous
19 June 2023 at 01:55
I am working for an NGO and recently unanticipatedly, management decided to abolish 1 associate manager(ATM-CC) post of 3 equivalent posts. No notice was shared by the management and individual meeting via Zoom was done with no formal mail. One or another vague reason was shared individually.
On requesting to share a notice regarding it, it was shared we will not do that and on saying I will ask this by email marking RM and other ATM-CC, I was denied to Mark CCs. The regional manager had a meeting with me, he shared that work is automated for this post which was totally false, naturally, I objected that other posts have the most automated work than this, so 2 new reasons were built that we are making management leaner, and the fund is being used in a different project as it is growing (Actually we recently started our services of free cost life skills in rural areas earlier it was only for the cities).
There is no commitment to deploy around 30 -35 employees from different cities and states. They are doing individual meetings to send the experienced staff working from 5-6 years to rural and remote areas. No one is happy with the decision made as1 can not be competent enough to do the work as the work profile is totally different, there are some married and pregnant ladies as well. Our request for a collective meeting is also denied we requested several times and only for 1on1 meetings managers were ready.
So is it legally right to do something like this? And can they terminate an employee if one cannot go to the position imposed on the employee?
Please note- It is not that the post is redundant, the work will be distributed to other Associate managers only.
Anonymous
18 June 2023 at 20:12
Is it legal for government employee in karnataka to transfer her when she is in maternity leave?
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About payment of bonus and gratuity and other acts
THE MINIMUM WAGES ACT IN TAMIL NADU PRESCRIBES AROUND RS. 11000.00 FOR ATTENDERS AND SWEEPERS FOR THE CURRENT FINANCIAL YEAR. THE BASIC PAY IS FIXED AT RS 5500.00 .
IS BONUS TO BE PAID BASED ON RS 11000 OR RS 5500 ? WHEN IS BONUS TO BE PAID IN A FINANCIAL YEAR ? CAN BONUS BE PAID IN TWO INSTALMENTS ON 31-06-2023 AND 31-12-2023 IF THE EMPLOYEES WANT IT ?
REGARDING PAYMENT OF GRATUITY IS IT TO BE CALCULATED ON THE BASIC PAY OR ON THE TOTAL PAY DRAWN IN THE LAST MONTH OF LEAVING SERVICE ?
CAN THE FESTIVAL HOLIDAY WAGES BE PAID EVERY MONTH OF THAT FESTIVAL OR TO BE PAID AT THE END OF THE YEAR