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I have resigned from a pvt. ltd. company after working of 4 years and 194 days. am i eligible for gratuity. if yes, then what tenure will be considered while calculating the gratuity.

A. Sir,
The normal period is "after completion of 5 years"
However, completing 6 months or more is said to be converted to an year. Hence in your case you shall be eligible.
Furthermore, According to Sec 2A of the act,
They have divided such period into completion of
1. 190 days in case the company has a period of 5 day weekly policy AND
2. 240 days in case the company has a period of 6 day weekly policy

In the light of the above you are entitled to get compensation as you have completed 4 years and 194 days
However, if your company has a period of 6 day weekly policy, then, you need to complete a minimum of 240 days.
Thanks
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Mohammed  Shameel
Mohammed Shameel Experience: 13 Year(s) Ernakulam
ASHISH  SAMAL
ASHISH SAMAL Experience: 8 Year(s) Bhubaneswar
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
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Anonymous

Posted 3 weeks ago

We are Society and hired a company for Facility Management company to manage our society. That company is has their employees who works in our apartment. We verified company licence and found proper. Is it our concern how that company is paying their employees ?

A. The COntract labour Regulation and Abolition Act is not applicable to a residential society and hence you are not liable if the contractor do not pay the salary to their employees.

Other than the society you are liable if the contractor do not give any salary their society
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Anonymous

Posted 3 weeks ago

Am i eligible for EWS category if my family possess 1.85 acres of agricultural land which contains rubber plantation and my family income is less than 3 lakh per annum.we dont have any other property.

A. It all depends upon income derived.
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IS THERE ANY LAW EXISTS THAT INTER CASTE MARRIED COUPLES SHOULD BE POSTED AT SAME LOCATION (CENTRAL GOVT EMPLOYEES)

A. Dear Sir/Mam, There is no question of the intercaste or same caste, transfer policy is the same, now where both husband and wife are working in different places they or one of them will have to make a representation to the superior or the concerned person, he has the right to decide it as per the availability of some other candidate who can fill the vacant post when transfer takes place, whole permutation and combination has to be seen, if it is possible there is no reason why both the husband and wife should not be allowed the same place posting. There are many judgements in support of this. But one cannot claim it as a matter of right, it depends on the availability and the situation at hand. You may also challenge his rejection only on some valid grounds in the court.
Thanks.
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Can I do regular B.ed degree along with full time government job without getting leave if the private B.ed college willing to manage attendance problem? Shall I be able to show both the job experience and B.ed degree while appling to government school jobs?
based on guidelines transfer to Very Hard station (VHS) though DCs (Displacement counts) of person at 5th stn is more than me. D1 DCs called 10 pt or more with 5 yr of stay & D2 DCs called 10 or more with 10 or more yr of stay. List of Hard (H)/Very Hard station (VH). Emplye completed 3 & 2 yr at H/VH getting chance to tfr. at their choice place. Employee of age up to 40 years shall be tfrd at VH/H. Employee posted at H hv filled 5 choice stn. A B C D & E in his tfr request. Employee posted at A & B having less DCs, C - 10 DCs & fall in D1, D - 14 DCs fall in D2 and E 30 DCs fall in D2 with stay of 15 yr. I am at D, F, 47 yr, completed 3 yr at H Stn. again tfrd to VH stn. Rep. submitted for cancellation on: Completed 3 yr at H Stn. P 8 of guidelines - employee who hv not completed 1 tenure at H/VH stn. can be tfrd whose age is below 40 yr as on 30.6.19. 1.The person at C having displaceable points D-1 as 10. 2.In case of tfr is made based on the priority stn, in such situation person at C should be displaced first. 3.In case tfr is based on more DCs then person at E having 30 DCs should be displaced instead of me. Relived fm present place, in absentia & person posted has joined. No reply received in 8 days, QA filed at CAT. CAT gave direction to decide repn. in 30 days, till then no coercive action for non-joining at new place. Next day of order of CAT received order rejecting repn.by common order of 50 employees. CAT order might be received by them. Filed repn. to modify tfr & tfr me at “No taker” vacancy. Reply awaited. Not intd to go at VH stn, it is 998 km far fm home town. No direct route & naxalide area. On medical leave. Please clarify: Will original order can be cancelled vide which tfrd to VH. What relief I will ge. Rejection order not speaking & mechanically passed, Not considered points of my 1st representation, will it be challenged & what relief I may get fm CAT. How much time will take by CAT to decide this issue. Till decision from the CAT will I may get leave salary & leave will not be deducted if get relief. I may challenge order after joining VH stn, if yes how, what precaution is to be taken at the time of joining VH station & what relief I may get. Based on 2nd representation. if employer modify my tfr then also can I challenge order rejection my Ist repn. Without giving reasons to my observations, what relief I may get. Whether It will be possible that I may join Very hard station first and then challenge order to avoid loss of salary and leave. What will be your overall recommendation in this matter. Whether I should go for QA in continuation to QA filed earlier. Suggest name of the lawyer who is reasonable and handle this case to my satisfaction. Your opinion should reasoned, supported of law and case law, if any, so as to make ground in Original application of CAT. What will be the possible relief I may get based on your experience from the CAT.
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malla jagadheesh

Posted 1 month ago

I am working with Khazana , due to my health problem i didnt go to office from 23.7.2019 due to health and unusual pressure from Employer. mean while my employer hold my salary account and without paying july month salary . I made a complaint on them to Labour Commissioner . What are the remedies available to me

A. You may approach to labour commission office or file a Civil Suit
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Anonymous

Posted 1 month ago

Recently I have attended a corporate training for Collabera Technologies and they did not allow me to write the exam. They said that my performance was week. I have attended the interview on April 24 and during the interview they did not mention about training fee. They told that after training they will give posting in IBM (Which is their Client Company). I have performed well at the end but still they did not allow me to write the exam. I was ok with it but still they are not leaving me and they are asking to pay the training fee which is INR124100. I don't have money what to do they sent me a legal notice.. please help me...

A. share a copy of the legal notice to get a prompt revert,
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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
What is duration of the notice period required for resigning a government job in India?

A. Dear Sir,
normally it will be a notice period of 30 days
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I was working as ateacher in govt aided achool from 1997 to 2004, then under suspension for 14 years. Now i reinstated in the service with court order. Says, continuity of service without backwages. Now my salary fixation should be the the notional pay like 22yrs exp teachers or new post pay.

A. join the services under protest, and file an appeal against the court order and claim salary for the suspension period,
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