Wasim Raja
22 May 2020 at 11:52
As per compliance, we need to give weekly off to deployed manpower ( security personnel’s). On week off day, if you’re asking for additional security guard to be deployed at the locations, which can not be left unattended then you need to pay reliever charges.
Question is we will pay 26 days for permanent guard as per minimum wages and 4 or 5 days i.e. sunday pay to the reliever.
OR
30 days payment to the Guards + Reliever Charges
Sir, Please Clarify the query.
Anonymous
22 May 2020 at 08:40
Dear Experts,
I was an employee of company X, last year I leaved the company by proper resignation and serving full notice period.
But till date company have not did full and final settlement of my dues like Gratuity and may more, tentative amount of all would be 7 Lacs.
After repeated e-mail communication they are linger on the process.
There was arbitration clause in my service contact. So, I asked them to appoint an Arbitrator, now they have appointed one Sole Arbitrator and given me the address of that Arbitrator and told me to get in contact with Arbitrator further only as Arbitration started.
I have few questions in my mind.
1. How much fee Arbitrator charged from me, and what will be the mode of payment cheque etc., and when I have to pay arbitration fees , at start of hearing or after final judgment?
2. Do I need a Lawyer, or I can fight my case own?
3. Do I Need to sign terms with Arbitrator at start of hearing like oral hearing, written, time period etc.?
4. As I have only Arbitrator address with me, Shall I go to his address directly?
5. As I have a felling that Arbitrator shall me more inclined towards respondent as he appointed him, is there anything on which I can concentrate more while approaching Arbitrator.
Regards
Anonymous
14 May 2020 at 20:57
Employer asked me to resign thrugh mail on 20th march 20 and i resigned (Account head) thrugh mail, till date neither HR sent acceptance of resignation nor made F&F Payment so i sent mail to withdrawl of resignation on 6th of May 20.
HR replied As follows :
"We are in regular touch and have explained you the situation clearly. You are very well aware that lockdown started on 21st March and we couldn't visit to office and have very limited access to the data based on which we have to prepare your FNF.
Management has never stated that FNF will not be given, this situation is not in anyone's control and you are also well aware of the same.
Your payments will be cleared after lockdown till then don't write such mails and refrain yourself to write any statements. "
Still I came to know that director of company not willing to make payment as per terms and conditions of appointment letter.
Please suggest how should I proceed.
Anonymous
13 May 2020 at 11:27
Dear Sir,
When the company incurred the loss during the current financial year, management still not yet release the bonus to employees. Does the company bound to pay minimum bonus or not.
Anonymous
09 May 2020 at 17:14
Respected Sir
Need your help has I'm facing a financial crisis beacuse of a sudden decision by my company of relieving me early and hence recovering of joining bonus.
I have Joined my Company on 15th June 2018. And I put down my resigination on 20th March 2020. As per my appointment letter I was suppose to serve complusary 90 Days Notice Period. which I was willing to serve. My Last working day in the system was showing has 19th June 2020 thus I was completing 2 years with the company by the time i would have left.
Everything was going on smoothly during my noice period when one fine day on 16th April 2020 my company called and informed me that they will be reliving me from the company tomorrow with immediate effect by just giving 1 days notice and they actually relived me on 17th April 2020. Now my present company is demanding from me to pay back 4 Lakhs Recovery Amount of Joining Bonus which they paid when I joinined. It had a clause that if i leave company before completion of 2 years I need to pay backthe same.
I want to ask you all the experts here the following things :-
1) Since I was willing to serve my 90 Days of Notice period completely and my actual last working date in the company was after completion of 2 years only, just beacuse of this sudden decision from companies end to relive me early am I liable to pay back this joining bonus amount of 4 lakhs back to the company.
2) Beacuse of this sudden decision I could join my new company only after a gap of 2 weeks in May 2020 therefore incurring a loss in salary for 2 weeks period since I was jobless for 2 weeks sitting in home .Also since my present company relieved me before 2 months from my actual last date Am i eligile to get some compensation for this 2 weeks of joblessness or thr remaing 2 months.
I will be very grateful if you can guide me.
Also pasting below the two extracts from my Appointment Letters for your referece :-
1) During the service period, either party to this contract shall be at liberty to terminate the same
by giving to the other 3 months notice in writing or compensation (on Basic Salary basis) in
lieu thereof. Provided that, such notice or compensation in lieu of shall not be payable by the
Company to you in the event of any contravention or violation by you, of any of the provisions
set forth in this appointment letter. It shall not be necessary for either party to assign any
reason for termination of the contract. Final decision on relieving an employee in case of
insufficient notice period or compensation in lieu thereof, or the decision to waive the notice
period vests with the Company. Any unutilized leave, as per the Company’s leave policy, may
be set-off against the notice period of 3 months, at the discretion of the Company.
2) Unless otherwise specified, any reimbursements, in the form of relocation expenses / notice
pay or payment of joining bonus, will be fully recovered if your employment with the Company
ceases within two years of joining. Any payment made, in the form of relocation expenses /
notice pay or payment of sign-on bonus will be taxed as per income tax rules
3) Extract from Joining Bonus Letter : This is on assumption that you will work with the company for a period of a minium 2 years and in the event there is a seperation for any reason, the same will be recovered.from you in full. The other terms and condition will be same as per our appointment letter.
PLEAESE GUIDE ME
baluu jii
06 May 2020 at 15:46
In 2010 recruitment of third gred teacher in Sanskrit Department of Rajasthan the rajasthan High court passed a order on 2 august to dismiss 3rd gred teachers after servicing more than 6 month in sanskrit dept.due to merit list changed by RPSC.This order challenged in supreme court & honorable bench of judge G S SINGHVI ,GOPAL GOWDA & C. NAGAPPaN passed stay order in september 2013 against high court`s dismiss order& issued notice .How Can i know what will happened the final decision of supreme court since it has been long time .
Vijaya Bhaskar
01 May 2020 at 16:09
Dear Learned Expertise,
We are Charitable organisation working among people with disabilities
We have lost two prospective funding agencies or foundations, whose contribution or donation was more than 50 % of our annual budget. We do not have new granting foundations that can come forward to support us during this global economic crises
We have insufficient funds which will support only for few months (2-3) and we don’t know what will happen after the funds are exhausted and raising funds locally is a big challenge in this current situation.
it is inevitable that the organization has to make certain hard decisions resulting in reducing its workforce, though the organization has no such intention to do so which is painful to all of us. This is the first time in the history of the organisation.
However, the organisation is willing to serve one month notice to the contract staff with pay and allow the staff to find the job during notice period necessarily not working.
-And also try and assist in outplacement (finding an alternative job).
-Will provide a strong letter of reference or recommendation along with experience certificate that will help add to the testimonials to get job opportunities
-If the finances are stable, we would be glad to give preference and re-employ
-We assure our full support and cooperation on getting PF contributions from EPF office.
Queries are as follows:
1.Can we proceed by serving one month notice to contract staff and pay the notice period which is in the contract
2.What about confirmed staff, can we give one month notice with pay which is in the appointment letter.
3.What are the feasible options available to reduce permanent workforce which is painful to all of us.
4.Which governing guideline should we follows while reducing the workforce (shops and establishment or industrial disputes act)
5.Can we serve the notice on a day which falls to a be national holiday.
Your suggestions and guidance would be a great help for further process.
crpc
28 April 2020 at 18:21
Hon'ble All Learned Advocates
I have a short query from labour experts as-
As per Industrial Act 1947, Section 5
5*(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled,
technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and
for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been
dismissed, discharged or retrenched in connection with, or as a consequence of,
9 that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-- (i) who
is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957) or (ii) who
is employed in the police service or as an officer or other employee of a prison or (iii) who is employed mainly in a managerial or
administrative capacity or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred
rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him,
functions mainly of a managerial nature.
In above referenced ...managerial and administrative capacity employee has been excluded. Now my question is-
what law/act/article will govern the dispute of illegal activities like forgery / illegal termination / exploitation / harassment happened with managerial and administrative capacity employee ?
Regards.
Ankur
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Appointment letter withdrawn/cancelled
Dear Sir/Madam,
A little background about my case.
I was working in company "A" in Chennai. I got a job offer in company "B" in Noida. I resigned from "A" and was about to join "B" on 7th April. Somehow due to Covid and lockdown, "B" moved my joining date to 3rd May when lockdown was scheduled to over. Meanwhile I got another job offer from company "C" from Mumbai at their client location in Gurgaon. I told "C" that I have an offer from Noida based company and as it is far from my place, I am looking to get any job near to place. As Noida is far from my place as well, I was happy that I got a job near to my place. Company "C" sent me the appointment letter and I accepted same. My joining date in "C" was 21st Apr and I joined as well from home. I was also in touch with the concerned person from client side about getting my user id, password, laptop etc. On 20th Apr, the HR from C asked me to decline the Noida offer and send me that email for records. I did same. On 24th Apr evening, an HR from "C" called me that client delayed my joining due to Covid crisis by few months and so they cancelled my appointment. My understanding is that when are aware that I have declined another job because of them, they should honour their offer. Now, it over a month and despite sending two reminders over email to company "C", I am not getting any reply. They havn't even called me to know about how I am doing or any progress about my joining.
With all above mentioned, I lost both my job offers and so jobless now.
Now, please advise what options I have now. Should I file any case against the company "C" as per laws or anything else possible.
Regards,
Tarun