1.If at the end of fourth year a company CEO just wants to [ avoid gratuity payment to the employee ] find some problem with the employee by putting into unethical harassment work [ e.g forcing to work in a hazardous environment ] and indirectly putting pressure to make him leave the company
denying gratuity is it correct? What can be done to win this situation if the employee has all strong evidence of this malicious behavior? There are plenty of cases like this in the company
Pl discuss in detail
From India, Madras
denying gratuity is it correct? What can be done to win this situation if the employee has all strong evidence of this malicious behavior? There are plenty of cases like this in the company
Pl discuss in detail
From India, Madras
I do not think that an employer will happily do like what you have said just to avoid payment of gratuity. If gratuity is the real burden, then he would have opted for a fixed term contract for employees, say for three years only, and would have gone for replacing the employees without renewing the FTC once it is over. Certainly, there may be unethical and unprofessional employers, rather those running one man shows, who may attempt to do like this. If so, the future of such establishments will be blank since they do will fail to get good professionals as employees. In my opinion, good professional work only with professionally managed companies only and the latter will not try such tricks on employees.
Regards,
Madhu.T.K
From India, Kannur
4249Regards,
Madhu.T.K
From India, Kannur
1.Between 3rd and fourth year plenty of employees are targeted and packed off
2.A company running on an average with 80 to 90 employees with a very high turnover of more than 200 employees in two years is a live example of unprofessional management
3.You have clearly said is a one man show ---agreed
4.you have not answered still my query---How an employee win the situation and teach the employer a lesson so that future employees are safe guarded
regards
nv
From India, Madras
2.A company running on an average with 80 to 90 employees with a very high turnover of more than 200 employees in two years is a live example of unprofessional management
3.You have clearly said is a one man show ---agreed
4.you have not answered still my query---How an employee win the situation and teach the employer a lesson so that future employees are safe guarded
regards
nv
From India, Madras
Hello Vasudevan,
Madhu said it rightly.
Reg your query, pl clarify what do YOU mean by 'win the situation'? Is the objective is to still want to stay in that company & work AND get the Gratuity? Or is it to hit back at the owner? Or is it something else?
If it's the First one, why do you want to still work in that company despite having such unpalatable/malicious situations?
If it's the Second one, I think you don't need to do anything at all--when the Owner is digging his own grave--in the long-term, why do you want to waste your time & effort? Don't you have a career/life of your own to focus upon?
If it's something else, pl elaborate.
And as a general rule, any professionally-run company will not loose people for just 1/2 reasons, unless they are related to performance or ethics. There need to be a combination of reasons--like Madhu said.
I think the more appropriate way of seeing the situation is this: how to handle it, rather than in terms of winning or loosing or teaching him a lesson.
One way to handle this is to prepare to leave as soon as someone reaches the 3 yr exp stage--instead of waiting for him to send you out. That way, you would be leaving at your own pace & choice [assuming he will indeed send everyone out after 3-4 yrs].
Rgds,
TS
From India, Hyderabad
Madhu said it rightly.
Reg your query, pl clarify what do YOU mean by 'win the situation'? Is the objective is to still want to stay in that company & work AND get the Gratuity? Or is it to hit back at the owner? Or is it something else?
If it's the First one, why do you want to still work in that company despite having such unpalatable/malicious situations?
If it's the Second one, I think you don't need to do anything at all--when the Owner is digging his own grave--in the long-term, why do you want to waste your time & effort? Don't you have a career/life of your own to focus upon?
If it's something else, pl elaborate.
And as a general rule, any professionally-run company will not loose people for just 1/2 reasons, unless they are related to performance or ethics. There need to be a combination of reasons--like Madhu said.
I think the more appropriate way of seeing the situation is this: how to handle it, rather than in terms of winning or loosing or teaching him a lesson.
One way to handle this is to prepare to leave as soon as someone reaches the 3 yr exp stage--instead of waiting for him to send you out. That way, you would be leaving at your own pace & choice [assuming he will indeed send everyone out after 3-4 yrs].
Rgds,
TS
From India, Hyderabad
Thank you TajSateesh for a precise picture.I have seen these type bosses bursting often : "This is my company ! I want to work like this only ".Immatured guys! One day definitely they will say " This is my grave! I want to be cremated like this"
nv
From India, Madras
nv
From India, Madras
Dear Mr. Vasudevan
Normally, such incidents will never happen in professionally managed organisation.
Professionally managed organisations comply with statutory provisions and never do
such incidents to their employees.
Since you have mentioned it is one man show, then such incidents may be possible.
Regards
LK
From India, Madras
Normally, such incidents will never happen in professionally managed organisation.
Professionally managed organisations comply with statutory provisions and never do
such incidents to their employees.
Since you have mentioned it is one man show, then such incidents may be possible.
Regards
LK
From India, Madras
Hi All,
As I understand, is their any remedy available Under Payment of Grauity Act if the employer acts upon in a frivolous manner by removing the staff before the completion of 5 years tenure . I presume that this is what Mr Vasudevan is expecting from us .
In my opinion , Controlling officers are appointed by the Central Govt to look into these grievances. I suggest that you approach controlling officer in your jurisdiction and get his views .
Thanks|Dr Sureshkumar
From India, Mumbai
As I understand, is their any remedy available Under Payment of Grauity Act if the employer acts upon in a frivolous manner by removing the staff before the completion of 5 years tenure . I presume that this is what Mr Vasudevan is expecting from us .
In my opinion , Controlling officers are appointed by the Central Govt to look into these grievances. I suggest that you approach controlling officer in your jurisdiction and get his views .
Thanks|Dr Sureshkumar
From India, Mumbai
Hi hrcanwin
The topic is picking momentum !Good.But who is the controlling officer in tamil Nadu.Let this be marked to him and an opinion obtained .I always look at a solution which will be in the interest of the down the line employees who are innocent and poor .A general rule shall be framed and complied
From India, Madras
The topic is picking momentum !Good.But who is the controlling officer in tamil Nadu.Let this be marked to him and an opinion obtained .I always look at a solution which will be in the interest of the down the line employees who are innocent and poor .A general rule shall be framed and complied
From India, Madras
Dear Vasudev,
There is no recourse in Payment of Gratuity Act to deal or rather 'teach the employer a lesson'. the Act only makes it obligatory on the part of an employer to pay gratuity once an employee becomes eligible for it. The controlling authority under the Gratuity Act is the District Labour Officer and even he can not do any thing against such an employer legally.
Then you can file a joint petition before the District Labour Officer or Asst. Labour Commissioner, the Authorities under the Industrial Dispute Act, to prevent the employer from doing such "Unfair practice".
Regards,
Madhu.T.K
From India, Kannur
There is no recourse in Payment of Gratuity Act to deal or rather 'teach the employer a lesson'. the Act only makes it obligatory on the part of an employer to pay gratuity once an employee becomes eligible for it. The controlling authority under the Gratuity Act is the District Labour Officer and even he can not do any thing against such an employer legally.
Then you can file a joint petition before the District Labour Officer or Asst. Labour Commissioner, the Authorities under the Industrial Dispute Act, to prevent the employer from doing such "Unfair practice".
Regards,
Madhu.T.K
From India, Kannur
Madhu
Iam struck up on Pension with a problem.I have 23 years of service as a PF contributor and have worked in five companiees during the span of 23 years.I switxhed over from one company to other as there was professional boost in the income or due to closure of the comanies.I have got all my PF settled without any grievance.Now I come to know that I am elogible for pension also but my Pension transfers have not happened along with my PF.Now if you see my pension of first sixteen years are held up with my parent companies as the transfers were not effected.PF office says that I should have followed it up.Even with follow ups those years Govt dept were sluggish and i undersatnd transfers are not effected though Provident fund was done with my follow up.The present stand of EPFO that I shpuld have followed up the pension also is a news to me.
When all deductions are made by govt only and i have proof on salary slips right from my career 1st day now it is a monotonous exercise of retrieving the data.I have been following up with Chennai, Vellore, Maharashtra and Bangalore last one and a half years and iam totally fed up
I want to get it sorted out .I have all my salary slip as evidence of deduction and since all accounts belong to EPFO i wish they settle my account based on the data i provide from my side.
Iam enclosing the XL sheet of my service for your info
Pl advise me how I go about.I cant be begging every regional office and they dont keep the records also as it was all manually maintained before 1990.
Pl suggest an alternate route for quick solution
From India, Madras
Iam struck up on Pension with a problem.I have 23 years of service as a PF contributor and have worked in five companiees during the span of 23 years.I switxhed over from one company to other as there was professional boost in the income or due to closure of the comanies.I have got all my PF settled without any grievance.Now I come to know that I am elogible for pension also but my Pension transfers have not happened along with my PF.Now if you see my pension of first sixteen years are held up with my parent companies as the transfers were not effected.PF office says that I should have followed it up.Even with follow ups those years Govt dept were sluggish and i undersatnd transfers are not effected though Provident fund was done with my follow up.The present stand of EPFO that I shpuld have followed up the pension also is a news to me.
When all deductions are made by govt only and i have proof on salary slips right from my career 1st day now it is a monotonous exercise of retrieving the data.I have been following up with Chennai, Vellore, Maharashtra and Bangalore last one and a half years and iam totally fed up
I want to get it sorted out .I have all my salary slip as evidence of deduction and since all accounts belong to EPFO i wish they settle my account based on the data i provide from my side.
Iam enclosing the XL sheet of my service for your info
Pl advise me how I go about.I cant be begging every regional office and they dont keep the records also as it was all manually maintained before 1990.
Pl suggest an alternate route for quick solution
From India, Madras
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc