Piyush Jain
28 March 2008 at 14:06
Hi,
My wife was working for a local company here in Bangalore, since last 2 yrs. In the first week of March, she had a strong verbal argument with her senior & top most management. She wanted a temporary reduction in her work hours as she was sick and wanted some load sharing. On this, the management shouted on her & accused her of being irresponsible, not replying to emails and of using company resources for her technical up-gradation. They did not even discussed her main issue. She is very sincere & hard working and was very hurt on these accusations and left the company premises.
I then asked her not to go back and look for another job. However, our mistake was that we did not send a resignation email that time itself.
Three days later, her manager mailed her stating that she is on unauthorized absence and her behavior is again irresponsible. To this, we replied that she is not wiling to join and is resigning. We also clarified on the accusations. This mail was cc'd to HR & Director.
To this, her manager replied that she cannot resign as she is under an agreement. This agreement was signed by her in Apr'07 & commits her to work till Apr'09 with her BE degree as surety and there are no monetary conditions in it.
Also, as per the offer letter, either she has to serve a month notice or payout a month notice pay. We have decided not to claim for the certificates and as her Feb' salary was still not credited, we asked the company to keep that as the notice pay. There had been no reply or response from the management to this email. We have mailed them again & again, but they haven't replied.
Its been three weeks now and they have not credited the Feb salary, so we are assuming that they are keeping it as notice pay.
Now, the top-most management have informed us "unofficially" through one of her colleague that they will follow legal course as she is bound by the agreement, or else we should pay them the money, the company spent on her training and her usage of company resources. They have quoted an exorbitant amount. There is no written agreement of any sort which states that if she leaves, she has to pay for these trainings.
My queries are:
1. The company is not acknowledging or accepting a hard copy of the resignation, So the only resignation proof we have is the email exchange we had with her management. Even in those emails, they have not accepted her resignation. So as per the Indian law, is there a time frame after which it is assumed that her resignation has been accepted?
2. What are the probable legal actions the company can take against her?
3. Is she is still bound by that agreement, even if we are not claiming for the certificates?
4. Are there any financial dues from her side? Can we give a declaration to future employers that she has no financial obligations to this company?
5. The company is not giving her relieving & experience letter (as they are asking for money). Will it matter legally, even if the future employers take her without these documents?
6. How will this affect her TDS, as she did not get paid for Mar'08 & there is no salary credit for Feb'08 also?
Also, if you know of any good company lawyer in bangalore, please provide the contact details.
Thanks,
PJ
RAVIKUMAR M PILLAY
28 March 2008 at 12:42
Dear friends ,
I have a friend in the UK and he wants to send me money for starting CIVIL construction project here in India .... Can anyone pls guide me as to what should be legal procedure including the RBI permission and the modus of doing this transaction . The money will not have to be remitted abroad and the repayment will be in indian Rs. only in India .
Can anyone pls guide me ..... my email is ravimpillay@gmail.com
regards
Balamurugan.N
27 March 2008 at 20:56
Dear all - I climbed third party insurance few years back and my advocate make it as default without any communication with me.
In this situation, I want to know if there is any code of conduct to file against the advocate.
Also, I want to know is there any possibility to file my claim again.
Regards
Balamurugan.N
jagdish
27 March 2008 at 19:49
Dear Sirs,
I am an HR person working for a MNC.
Would like to ask you'all that whether Management Associates have a right to strike? or whether they have a right to take the case forward to a Labour Court?
Basically the above category are actually workers, however they are designated as Management associates.
Pls reply.
Jagdish V
sandhyakri
27 March 2008 at 18:42
i wish to know whether the exemption of service tax to a principal conducting clinical research from 1-3-2007 from the drug controller of india is also applicable to the party conducting the testing on its behalf in case testing is outsourced to another party
Deepak Rikhari
27 March 2008 at 18:02
I am final year law student and now want to choose a field. So tell me which field I have to choose as concern for money.
Deepak Rikhari
27 March 2008 at 17:51
Which post is not described/ defined in the Constitution? Please write me answer as soon as possible.
vanitha
27 March 2008 at 13:14
I got love marriage in a temple(only boy's family members and my friends came) in the year 24.06.2005.after marriage both our parents accepted and i was living in the boy's house...my father bought me all the necessary household things(fridge tv washing machine etc) and also gave money every month.boy is having drinking and smoking habit....from the time of marriage the boy dint settle in any proper job,even if he got salary he spent only for himself..i went for job and mostly depended on my parents only(im the only child to my parents).on june 25.06.2006 my father conducted a anniversary reception function inviting both side members and friends....by august 2006 i got conceived and by may 12 2007 i gave birth to a girl baby....for non of the aspects the boy or the boy's family took responsibiliy of my self or my daughter....but they r forcing me i have to live with that boy,wherein that boy is not taking proper care of me and daughter,whatever money he is getting he is just spending for drinking.not earning,used to scold in bad words after drinking and personally hurted..he has also used bad words about my parents.....
im no more willing to live with him,cos i feel if i continue to live with him im getting mental torture as well afraid of bringing up my daughter in as good manner...
suggest me how shall i apply for divorce...
Deepak Rikhari
27 March 2008 at 12:37
Please tell me that if a person changed his religion only for another marriage then can he do so? Is it legal? For example a hindu man converted himself for Muslim only to do more marriages.
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leave rules for HO in manaegment cader
I have resigned from proprietorship FMCG Company mfg. cosmetics/ayurvedic product as vice president sales based at head office in Delhi & factory elsewhere after working there in group for last 14 years.Now they refuse to encash leave on ground that Leave Encashment has to be done only when a person retires on reaching the age of superannuation. Now I would be governed by which Act as per law for leave rules. They were giving 30 days EL prior to Feb 2007 in 1st Co.of group & after that 15 days in 2nd group Co.after my joining in that Co in Feb 2007. I have in total more than 125 EL to my credit in the last salary slip. They have encashed EL prior to my resignation to employes with full leave encashment as was in there A/c in the same Management cadre.
Regards
TK Suneja