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Soumalya Sen   28 January 2020 at 22:52

Gratuity payment related query

I have a question to help my friend.Please if anyone can help.If his basic salary is INR 11750 and he have worked for a company for 7 yrs and 8 months and have resigned from the company on 21st November then what will be his Gratuity amount payable.
The company where he has worked for has computed his basic INR 8225/- based on 21 days on November 2019 after which he resigned and calculated the last drawn basic for gratuity payment.
Now my question is the last drawn basic on which the gratuity calculation is to be made will be Rs.11750/- or Rs. 8225/-?

MrunaliniBadavane   14 January 2020 at 09:56

Leave lw;p

Subject: Regarding your frivolous charge for treating your LWP
Retbrence your email dated 03.01 .2020, regarding the above subject.
1. You have leveled unfounded charge for treating your leave as LWP. You are hereby
informed that you have been taking excessive leave as against your entitlement at that
time as per leave policy of the hospital. resultantly your earned leave has been treated as
LWP.
2. Moreover, on various occasions. 1'ou have been intimating on telephone to Sis Yashoda,
Secretary to the Director, regarding your leave from duty, but you have not been
submitted your sick/earned leave applications. In this regard, you have been issued letter
no. PF -6561646 dated 06.08.2015.
3. You have not approached usual channel to raise your concerns regarding LWP. Neither
has you approached to the requisite authority in the hospital/Director nor to the
Grievance Handling Committee, before writing directly to Government authorities that
too with leveling false charges of mental harassment against the Management.
4. You liai'e used derogatory language againsi iire h,fanagernenr irr the emaii anci spoken
nonsense to Sis Purnima, Assistant Manager - Admin about Manager Administration. It
has been observed that time and again, you have been talking to the Manager
Administration in a threatening tone, in order to show your highhandedness.
5. Your conduct with your colleagues is not up to the mark. One such example is of Sis
Haritha. Pharmacist, your ex-roommate to r,r,hom 1,ou had given harsh time in October
2013. You have locked her in the Bathroom for pretty a long time and that we have
received a complaint from her in that regard and the N4anagement had to shift her the
same day to some other room. This is the level of your rnisconduct. However, taking
lenient view, hoping to any improvement in you, the Management did not taken any
action against you, in that matter.
You are therefore, directed to subrnit your explanation as to wlty your services should not be
terminated and to rvithdrar,v your complaint irnmediately. Your reply should reach to the office
of the undersigned r,vithin 48 hours of the receipt of this notice.
Sis Mrunalini Badavane
Sr Office Assistant
GHRC
Director


my answer is following
Dt 8-1-20
To
Dr. Partap Midha
Director of
GHRC

Respected Sir
Subject: Reply Ref No. P.F. 656/1288 dt 6th Jan 2020
I do not frivolous charges for treating our LWP. Without evidence and proof I do not allegate any body.
1) I am taking leave as per Hospital rules. I had not taken excessive leave. When I had taken excessive leave that time amount deducted from my salary. But this time I have been not taken excessive leave
2) Yes I have been intimating on telephone to Sis Yashoda, Secretary to the Director, When I am not feel well like eg. Loose motion, or too much stomach pain, severe headache, in this situation I intimating on telephone, not earned leave. Last 13 year 10 or 15 time I intimate her.
3) I want to approached to direct Mohinderbhai that’s why I ask the Sis purnima. Where is Mohinder bhai but she is rudely spoken with me . I not ask once I ask three to four time but her answer is same. Then I approach through email. I expect he was speak with me through mobile and ask me why you are send this type of email me. But he was not contact of he was not come office .Every employee’s right he or she see his leave record, Not others but his or her own record, but whenever I ask she is not show me , every time she said take the permission from mohinder bhai. This is not right. When she is maintain the record why not show to my records details, every time why they create suspense.
4) Please you explain derogatory language against the management in the email. Mohinderbhai is not a management. I donot spoken nonsense to sis purnima, ( please explain nonsense word , I spoke to sis purnima) . she is rudely spoken with me. When Mohinder paul is sick and when he is join the office I met him once I ask only how are you . After that till date I donot meet him then how I talking to the manger administration in a threatening tone in this matter you can explain me .
5) I remember that incident. Sis. Harshita inside the bathroom. I want to change my dress. When I change the dress that time she not come outside the bathroom, that’s why I lock outside the door, but I getting late for classed so I rushed I forget to open the lock and went to class. After when I came room. I feel guilty and I say somany time sorry to her . This is done bymistake not purposely. I say sorry to her in front Dr partap Midha. This is not a misconduct
This by mistake. When Susmita with me this same incident with me . Susmita forget open the bathroom lock. Labour Mamata open the lock. I do not say to Susmita you are purposely locked me. One example I give When Sis Milan inside the room balconony, the labour clean the room and they lock the outside door, when I passaway in front her room she given voice please any body open the door. Then I open the door I asked her who is locked she said labour is forget I am inside the lock the door. Same situation with Sis leela Xray dept. she is inside Sis archana is locked her labour geeta is open the door. These all example is not a misconduct this is by mistakenly
Suppose you are not differentiate by mistake or misconduct then I cannot do anything for your intellectual. You are fake allegation to me. I have lot of proof and evidence I enclosed document this lette. You reconcile the your record. When I ask for my leave purpose then I does the misconduct, or misbehaviour .
And Balubhai slapping to Reddikaka this is the conduct. Or good behaviour
When Rupaben slapping to Prabha Tai this is good conduct and good behavior.

As per Sis purnima’s leave software I enclosed printout, As per excel calculation also enclosed
As per both sheet more than my 60 leaves are available, plus this 9 Lwp add then more than 70 leaves are available. This much leave is available and the amount is deducted from my salary than I do not take any objection. You are wrongly act and I do not take any objection. I take objection is misconduct you are does the wrong act is conducted. My leave is more then 60 and you are deducted my amount then this purposely given to me mental harassment.
please recheck and given explaination. This software I had also. Because after Ghansyambhai I seen leave record so I know the software. Software is not a humanbeing when you wrongly enter input the output is came wrongly. So many time I told to Mohinderbhai Sis purnima wrongly entered the input. But he is not accepted.

Thanking
mrunalini
taken earned leve
Total earned leave last 13years
year Restricted leave Sunday 14 20
12 2
2007-2008 15 1 4 10 4
2008-2009 15 1 4 1 1
2009-2010 15 1 4 1 21
2010-2011 21 1 2 12 25
2011-2012 21 1 2 9 30
2012-2013 28 1 3 1 1
2013-2014 28 1 1 1 32
2014-2015 28 1 1 21
2015-2016 28 1 7 1 1
2016-2017 28 1 4 16 27
2017-2018 28 1 5 1 2
2018-2019 28 1 3 7 1
2019-2020 28 1 7 5
6 2
311 13 39 19 1
LWP 135 459 9 25
446 39 Sunday 1 4
498 1 1
6 11
TAKEN LEAVE 429 16 6
balance 69 152 3
15
2
1
1
1
1
10
277

Rizwan Pathan   09 January 2020 at 21:58

Relieving director

Hi,
Can you please let me know what points should be considered while issuing a relieving letter to director of the company.
Regards,
Rizwan

Daniel Martin   08 January 2020 at 15:43

Mathadi

I wanted to shift a machinery from one local place to another local place in Mumbai
Due to High Price asked by the Local Mathadi I am thinking of moving it with my labour
What if I do such shifting they will not allow and create such problems
How to shift without any problems
If approach to labour court what will be the cosequences any penalty to be paid
Thanks in advance

Mugdha   06 January 2020 at 11:11

My employer (school) deducted my salary without prior notice

Hello!
I have recently joined a school as a Counselor. During the interview, I was assured ₹35,000 per month salary. However, when it was time to receive my salary, I was informed by the accounts department that I will only receive ₹6,000+ (arrived after pf+pt deduction and my joining date 9th Dec 2019) since the school's policy is to deduct half the salary for the 1st two months and keep it as a deposit so as to prevent any teacher quitting without prior intimation.
Is this permitted as per labor laws? I have not received any documents from the school which inform me about the rules and policies. I have not even received my appointment letter, despite multiple follow ups.
I am planning to resign without serving any notice period, because:
- I have no documents informing me about the rules)
- What if I serve my notice period and they now withhold 2 months salary.
After resignation, I'll ask for my remaining salary but incase they still withhold it,
# What recourse can I take legally, if any?
# Will it be a long drawn, tedious process?

Sumeet Kumar sahu   04 January 2020 at 11:01

Pay protection

Dear Sir,
I was working in state govt PSU , I have technically resigned from state govt PSU to jon Central govt PSU am I eligible for pay protection . My current employer is stating I will not get pay protection as I have joined Central PSU after resigining from State PSUS,

Harish   03 January 2020 at 14:34

Labour welfare fund

Hello Experts,

In my company employees categories are from Support Staff, Executive, Assistant Manager, Associate Manager, Manager, Divisional Manager, AVP and VP etc..

As per the defination of "Employees" (MLWF) means any person who is employed for hire or reward to do any work, skilled or unskilled, manual, clerical, supervisory or technical in an establishment directly by the employer or through contractor or any other agency.

Exceptions are who are in a managerial capacity and supervisory capacity, draws wages exceeding three thousand and five hundred rupees per mensem.

Now, I am not able to find out the defination of who are managerial capacity and supervisory capacity. If I refer the factories Act or Shop Act then all employees are covered under the defination of Workers.

What are your views on this?

Thanks in advance and Happy New Year 2020 !!

Preetham   29 December 2019 at 11:43

Attestation form of government employment

Hello, I got selected for a job and was told to fill the attestation forms and submit. While filling the attestation form, I haven't filled - yes or no- for whether you are convicted for criminal offense question - i have not done this deliberately and this is just a overseeing and I noticed this issue after the forms were dispatched from the nearby post office. So, will this lead to cancellation of my appointment and lead to termination? Please help and what course I have to fill the unfilled cells. I have no case pending against me - I forgot to write NO in that form.

Anonymous   27 December 2019 at 17:34

Incorrect joining date reconginsed after few months

Dear,

I have joined the current organization on 18th June 18 and left old organization on 11th June 18. However the offerletter recieved was with incorrect date which i have recognised after few months.

Now its been showing dual employment in my case however that was not the case.

I have shared documents before joining where my last date of old organization was clrealy mentioned. What can I do in this case?

Vasudevan   27 December 2019 at 11:32

Ccs pension rule - interest on delayed payment of pension -

Dear Experts,

I had filed OA before the CAT, Chennai Bench and appeared as party in person. The OA is filed to release the provisional pension along with the interest @ 18% for the delay caused. The OA was disposed with the directions to pass appropriate speaking order on my representation. The Respondents has release the provisional pension and passed a speaking order without any mention on the interest claimed. I had sent a letter to look into the interest element and pass the same. But there is no response from the Respondents. The time limit fixed by the CAT was 4 months which was completed on 26.12.2019. Can I file Contempt Petition? If so, out of three Respondents, whether I can file Contempt on only two of them? What is the time limit to file Contempt Petition? Whether the Contempt Petition to be filed under Civil or Criminal side? What are the remedies I am entitled for? Please oblige.
Thanking you in advance.
With regards
V. VASUDEVAN