LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pawanjeet kumar   05 August 2019 at 21:24

Confirmation in PSU on completion of prescribed period

Sir, i joined insurance company (PSU) on 01 feb 19, and as per terms and condition my probation period is 6 month which can be extended as per discretion of management, also if i leave service during probation i am suppose to pay all the salary drawn by me and additional 25000 as cost of training. However if i leave post confirmation, i need to give 1 month notice and in case of breach of this i need to pay 1 month salary. My Divisional manager has sent my CR for confirmation with recommendation to confirm me w.e.f 03 aug 19 instead of 01 aug 19, as i had two days leave without pay. The confirmation CR says if Regional Manager does not agree with the recommendation of Divisional Manager, he should justify his action.

I submitted my resignation on 05 th aug 19 and wanted to leave the service without any notice period, in lieu of this i agreed to pay one month salary. But company is saying you are not confirm because 3 aug was saturday (holiday) and 4 th is sunday (holiday), so your confirmation letter should have been signed on 5th aug and since i have rendered resignation on 5th i cannot be confirmed and i have to pay 7 months salary. Is this justification right. My confirmation is due on 3rd aug.

Nithin   04 August 2019 at 20:19

Nov for private employee

Hello sir/madam
I'm working in private organisation and more I have applied for govt exam.
In the notification of exam it is mentioned that you have to get noc from your present employer.

My question is: is noc should be provided by private employees during the time of interview or not..?

Thanks and regards
Nithin

Tanweer raza   01 August 2019 at 04:22

No payment from last 3 months

Sir i was working in telecom company but suddenly they told that project has been completed and from today there is no work in this company so no need to come means termination without my mistake and they have not given me salary from last 22 may and they are refusing pay my salary till now please suggest me what to do against them legally
Thanks

Pavan   31 July 2019 at 21:57

Non payment of salary dues after resignation

Please suggest the action for the above problem.
Employer had refused to pay the due salary and relieving letter after resignation. Job lasted for 4 months only and employer had not issued any appointment letter also at the time of appointment. Only offer letter was issued.
I request expert lawyers to suggest the action in this matter.
Employer is from hyderabad and place of work was at Mumbai.

NIRMA:YA PRASAD ROY   31 July 2019 at 14:57

Pay refixation after retirement on superannuation.

Retired on superannuation from Central Excise Deptt. on 31.10.2016 but none of the pensionery orders viz.Pension,Gratuity etc. was issued on the date of retirement. Even Provisional Pension and Provisional Gratuity were not sanctioned. No written information detailing the reasons for delay, given to me. In this connecion i is stated for our kind information that I had no disciplinary case pending and no rent for Govt.accommodation lying unpaid on the date of retirement. . Moreover,I had submitted the Pensionery papers duly completed and signed by me before stipulated date. My last drawn pay as on date of retirement i.e.on 31.10.2016 was Rs.82,400/- and Last Pay Certificate showing the same amount was also issued by the competent DDO on 02.11.2016 of his own. After 38 days of my superannuation i.e.on 08.12.2016 my Office of retirement issued a pay re-fixation order with retrospective effect from 01.09.2008 cancelling/modifying my MACP upgradations, which was granted by the competent Cadre Controlling Authority about 10 months back and pay fixations order issued by my office based on those MACP upgradations but the office did not even inform the competent Cadre Controlling Authority and also did not issue any prior information to me. Vide their pay re-fixation order dt.08.12.2016 they fixed my last pay as Rs.80,200/- as the PAO raised objection regarding validity of those MACP upgradations vide his letter dt.08.11.2016 issued after 07 days of my retirement. Neither any SCN nor any other letter informing me was issued by the Head of Office or PAO. As advised by PAO a sum of Rs.4,69,846/- was recovered from my gratuity and all my pensionery/retirement cut down accordingly caused by the Pay refixation order dt.08.12.2016. As a result of this, I was paid short pension and huge short paid gratuity including all other pensionery/reirement dues.
I would request you kindly to inform me whether the action of my office and PAO was correct as per governing CCS(Pension)Rules,1972 and apex Court orders on the subject , and if not, kindly advise me the steps to be taken by me to get justice under the rules. . In this connection,this is for your kind information and knowledge that several letters,grievance petitions including personal visits from time to time failed to yield the desired result of just settlement of the pensionery case .The Head of office is blaming PAO's letter dt.08.11.2016 and PAO is blaming Head of Office for delayed forwarding of pension papers to him by Head of Office for which he could not raise his objections before retirement date. But it appears from CCS(Pension)Rules,1972 that neither the PAO can advise Pay refixation nor the Head of Office is empowered to issue pay refixaion after retirement date. Hopefully looking for your kind expert advise and reply for future course of action since the matter is much delayed.

RR   31 July 2019 at 12:26

Late for duty

Dear sir,
We are working private hospitals, Telangana,India - as per their company procedure once the staff late more than 3 times, will deduct half day salary but i don't know whether it is legal or not.

RR   31 July 2019 at 11:58

Late comming deduction

Dear
For Private Hospitals in Hyderabad, is there any stipulated policy for late coming deduction amount as per Shops and establishment Act- Labour law.

Anonymous   30 July 2019 at 10:38

Unequal notice period in appointment letter

Dear Sir/Madam

I am a senior manager in a manufacturing organization in SEZ Madhya Pradesh. I joined the organization in September 2017. I tendered my resignation on 20th June 2019 stating that I will serve my notice period as per appointment letter.

After that company announced it's annual appraisal and increment in june end effective from 1st April 2019, but it was not awarded to me saying that you have submitted your resignation so you are not applicable as per company policy, though no such written policy exist or mentioned anywhere in my appointment letter.
I was told If you take resignation back we will give you increment. I have already worked for 22 months & still working in notice pay and this was my 1st appraisal as last year by April I had only 7 months completed so I was told you will get next year on prorate basis. So I think it should have been given to me. Had I not resigned i was to get increment for 19 months and arrears effective 1st April 2019 as all other employee got. I had taken 3 days EL in June before submitting resignation but My salary was processed with LOP and it was told to me that EL is not applicable in notice period.
My issue is not increment/money though.

As per my appointment letter the termination clause is : "The company may terminate your employment at anytime upon 30 day notice or upon payment in lieu of notice (i.e base salary & allowances) as provided for under the applicable law. You may terminate the employment upon 90 days notice to the company." Since I have already completed 40 days and not willing to work any further due to above incidence. I feel the notice period is not equal and since they are denying me benefits citing policies and rules.

Can I rightfully leave the company immediately stating that notice period should be equal so if yours is 30 days so is mine, so I am quitting immediately without any breach of terms. Please process my F&F without any deduction as I already completed 30 days and as per Model Standing Order of MP/SE Act also the notice period is 30 days only.

Anonymous   29 July 2019 at 15:15

Seeking salary from ex employer who refuses to pay

I was employed with a Mumbai based logistic company from 3rd August'18 to 30th November'18 as National Head. They sent me a layoff email in October 30. I was without a job for 4 months after the layoff date. This company had put me into a lot of trouble by giving me false promises and thereafter because of them i was with any remuneration for 8 months. I had to borrow, pledge my wife's jewelry to run my house.

This company after numerous reminder is not paying my old dues. I have sent them a legal notice also to which there is no effect on them. I am based out of Kundli, Distt. Sonipat, Haryana and hence would need a lawyer to file a case against them to recover my dues in Mumbai.

I have an appointment letter, Salary slips and email communication to justify my case of recovery from them.

I have also been informed through reliable source that this company is planning to declare them self insolvent.

Please direct me to a good lawyer who can take up my case.


Anonymous   25 July 2019 at 12:51

letter from Railway Board

Dear sir,
A letter from Railway Board,New Delhi dated:12.4.2005 on sub:conduct of a Railway servant in relation to the proper maintenance of his family as per rule 6 of Railway service (D&A) Rules, 1968.

If a Railway employee got married as per Hindu rites, and left his wife & children, and is not maintaining his wife, childrens and
even not entered his wife and children's name in his service register and due to this a Railway employee wife if lodge complaint to Railway authorities, can Dept can take action on him.

Thanking you sir.