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Dev   21 October 2020 at 20:59

Getting trapped into dual employment.

Dear Sir,

I am working as Sr. software engineer in an IT company from 24-Feb-2020. I have signed an Employment bond of Rs. 1,00,000/- and Duration of 15 months from DOJ at there and which was written on their letterhead.
Last month I got an offer from a Non-IT company with a better salary and I joined there on 25th Sep 2020 without resigning in my current IT company.it was my big mistake but at that time I was not sure about this new company that's why I haven't resigned in my current company.
One more mistake was along with joining documents I have submitted a hand written application in a new Non-IT company which says I will not work for my previous company from 26th of Sep 2020 and will just wait for my last salary.
Now I am also not in the probation period of my current IT company. Then if I put a resignation there they will consider a 3 months notice period for me.
A new non-IT company HR has already known all these things but they are telling me now we have submitted your PF, gratuity etc., So you have to send your resignation, acceptance email and no dues letter copies otherwise you will face dual employment problems.
Now I am confused about what I should do to get out of this because I am an earning person in the family so I don't want to get trapped into this. I am ready to continue with my current company or with a new one also. I just need guidance to get out of this. I request you to please advise me in this.

Anonymous   16 October 2020 at 23:27

Cases in two forums.

The writ petition challenging termination frm service is pending at High Court..In the meantime, case could be filed at Labour court seeking remedy.The CPC 10 permits cases in two forums.Pl enlighten.

nrp xerox   13 October 2020 at 13:08

Resignation of my job without notice

Hello sir,
I was working in a cbse school in Tamilnadu. I'm a divorcee and lived with my mother. Due to my mother's health condition I resigned my job without proper notice but I have sent an whatsapp message reg my resignation to the Principal, my HOD and Co-ordinator priorly. This was happened during the summer vocation and after 15 days i went and submitted my resignation letter also. Now its one and a half year over but still the AO of the school is refused to give my original certificates back and asking me to surrender my 3 month salary around Rs. 40000/- to give my certificates back and she says that is the cbse norms. Sir, kindly suggest me how to come out of this situation.

suneetha Jain   13 October 2020 at 12:25

Banking

Sir, My Query is If opposite party did not file the counter deliberately, what should I do?? Regarding our case related to termination in SBI, SBI is deliberately not filing the counter for the past 03 years (Even after repeated requests to the officials, Bank advocate etc, there was no positive response) Our advocate says that if SBI don't file counter, case cannot be resolved. What should I do?? Is there any way to request the Hon'ble Judge?? Our advocate is saying that bringing the case to the bench is the responsibility of me (client) only. Our advocate says that he will only do arguments. What should I do??

Anonymous   09 October 2020 at 22:28

Technical resignation

I gave the technical resignation from the post of ALP(regular employee) 20500 basic . To join junior engineer in railway 35400 basic. But in junior engineer 1 year is training period.
Should I get an Hra? In JE training period

Anonymous   08 October 2020 at 17:54

Details of previous employment in attestation form

I got selected as a Law Officer in a scheduled commercial bank in 2019 and I attended induction training of 2 weeks in Noida.
On the last day of induction program, I got to know that I am posted at Mumbai.
I am from Punjab. Due to health issues of my parents, it was not possible for me to go to Mumbai as I am their only son. I requested HR department a number of times to consider me posting at some place in or near Punjab, but my request was not accepted.
I told about my circumstances through emails, letters and personal visits to head office. This process went on for around 5-6 months. But finally they said that they will not change the place of posting.
Finally on 29th October 2019, I decided not to report at Mumbai and informed the HR department by sending an email that I will not join and let me know the formalities which I need to complete, if any.

But they did not inform me anything and in November 2019 they just sent Notice of Termination of Services in which it was written that "Neither I joined nor I submitted any explanation, so why my services should not be terminated".

To this notice, I replied that I did inform the HR department time and again about my circumstances. Also I said that I have already informed about my final decision of not joining at Mumbai Office. Again I asked them if I need to complete any formalities, then let me know.

On 20 December, 2019, I sent a mail to the HR department that I have not yet heard anything from the bank in contect of my notice dated 29 October 2019, so I reasonably presume that I am relieved by you without any liability on my part.

Then subsequently, on 23rd December 2019, they sent me a mail regarding termination of my services with immediate effect.

My query is "whether I can be said to have employed by the bank" by merely attending the induction program ? I did not receive a single penny from the bank whereas all other batchmates received salary for the period of induction training.

I informed my intention of not continuing with the bank by way of notice send through email. After my notice, I received a notice for termination of services which contained that neither I joined nor I gave any explanation.

Whereas, I continued to request to change my posting by way of letters, email and personal visitis to Head Office.

Finally, the bank terminated my services stating that " As you have neither reported for duty nor submitted any reply to the above notice with in stipulated period, your services stand terminated from the Bank with immediate effect"
Whereas, I kept on informing the bank about my circumstances and my inability to join at Mumbai.

Please guide me to this effect.
I would be grateful for your prompt reply.
Also let me know if this termination has any effect on my future employment.

Anonymous   07 October 2020 at 18:22

Approved gratuity fund trust

What are the rules of gratuity payment to an employee for an approved gratuity fund trust.
does any ceiling apply to an approved pvt gratuity fund trust.

abhijit majumder   25 September 2020 at 15:50

Query on appointment letter

To
The respected experts
The resolution passed at the 116th Board Meeting of the company held in the year 2018 shows Mr X was appointed as an Accountant for a period of 3(Three) .years.
But the company had not issued him any appointment latter.
My query is what is the legal importance of an appointment letter?
Particularly in this case , is the absence of an appointment letter anyway effect his service?
Regards
Abhijit

Rahul Bisht   23 September 2020 at 15:35

Compassionate appointment (anukampa niyukti)

Dear sir/ma'am
I'm Rahul Bisht from indore my father used to work in mp PWD department as cook.in 2011 he passed away on duty after that we had applied for anukampa niyukti..but after 2016 circular it's not applicable for me because mine case in 2011.
(according to the circular letter issued by minsistery of general administration department in the year of 2014 .on the death of the contingency fund and daily wages earners .there was a provision to give a grant of two lakh rupees to thier families in the name of compassionate appointment in this .it was clearly stated that compassionate appointment to the families of the employees of the workload and contingency fund service is effective from 31 August 2016only. )
it's applicable for after 2016. And my brother is in crpf ..so I want to know can I get a job after file a petition in court...pls suggest
Whatsapp 9589727928
Thanks in advance

Anonymous   22 September 2020 at 12:39

Service agreement

I joined a company 2 months back with a service agreement of 2years with 2 lac, now I am in probation period. But due to personal reason want to resign company and break service agreement.
I have a clause in my joining letter that ''Within Probation period Service is terminable by either party with 3 days prior notice''.

Can I terminate my employment on behalf of written clause?