psmoholkar

"The company will have to pay the salary to the employee if she has actually worked on the days for which she is claiming the salary. The company cannot adjust the notice period against the due salary to the employee. As regards not resigning, if the employee has not resigned and is remaining absent" ... (more)

"As per the settled law, if an employee has completed 240 days of continuous service in the fifth year, he shall be eligible for Gratuity. — -" ... (more)

"All the employees drawing the salary/wages less than ₹15,000 per month should be covered under the provisions of the ESI Act. Anybody drawing more than ₹15,000 per month has to be covered under the WC policy. The applicability of the ESI to the area is of no consequence for the WC polic" ... (more)

"Any employee completing 240 days of continuous service in the fifth year is eligible to receive gratuity. As you have completed 240 days in the fifth year, you are entitled to receive gratuity." ... (more)

"As per the provisions of The Payment of Gratuity Act, the eligibility for Gratuity is upon the completion of 5 years of continuous service. The law states that in the fifth year, if the concerned employee has completed 240 days of continuous service, then they will be entitled to receive the Gratuity" ... (more)

"If there is a clause of transfer in either the appointment order or in the offer letter, the company has a right to transfer your services as transfer becomes part and parcel of your service condition, and you cannot refuse the transfer. The only factor to be considered is whether the transfer is genuin" ... (more)

"I agree with the view of the member. If you have completed 4 years and 240 days in the fifth year, you are eligible for gratuity. Since you have not completed 240 days in the fifth year, you will not be eligible for gratuity." ... (more)

"There are three issues involved. If an employee is on training or on probation and if there is a clause of serving a notice period for leaving the service, then the resignation can be rejected for non-fulfillment of the contract of employment. As the concerned employee has worked for a very short time" ... (more)

"If the company has a gratuity policy taken from any of the companies like LIC, then LIC shall give the cheque to the trust created by your company in this regard, and the trust in turn will pay the gratuity to you. In case the company has not taken any gratuity policy, then the payment of gratuity wil" ... (more)

"Merely because a criminal trial is pending or is ongoing against an employee cannot be the reason for an employer to take action against the concerned employee. It is only if an employee commits misconduct relating to his employment which has consequences of the criminal trial, then only the employe" ... (more)

"As per the provisions of the PF Act, if the basic salary is Rs. 6,500/-, then PF is deducted at 12%, which amounts to Rs. 780/-. In a case where the basic salary exceeds Rs. 6,500/-, the salary considered for calculating the PF contribution is Rs. 6,500, and therefore the contribution amount remain" ... (more)

"When the service agreement ends, the employer-employee relationship also comes to an end. The notice period is only valid as long as the employer-employee relationship exists. Once the contract of service concludes, there is no need for a notice period." ... (more)

"In the offer letter, you can show CTC. There is no specific rule in this regard. It depends on the policy of the company. One way to avoid the problem of the candidate misusing the offer letter is that you don’t mention the salary in the offer letter and mention the salary separately in Annexur" ... (more)

"Since you are an independent person and a professional, it would be better if the company informs you about the extension or termination of the contract. If the company wants to extend the contract, in any case, the company will inform you. It would not be proper to draw an inference that because th" ... (more)

"If there is no mention in the appointment order regarding the applicability of the notice period clause during the probation period, the said clause is open to interpretation. It is likely that the company may use this clause to its advantage. It would be better to seek clarification from the HR departmen" ... (more)