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Kavitha Janya
6

Hi All,
An employee is requesting for a letter from our company (pvt Ltd), stating that she is not entitled for medical reimbursement, LTA and school fee reimbursement from our company. she wants to submit this in her husband's company which is a government company.
I have three questions here -
1. Is this a practise for government companys. If so, why is this declaration required?
2. Our pay structure caters to LTA and Medical Allowances. No reimbursements are done, but these figures are used for reducing the TDS for employees. So would it be ethical for me to give such a letter.
3. If I do give this letter, will there be any problems to the company in future?
Regards,
Kavitha

From India, Bangalore
Cite Contribution
1858

Dear Kavitha,
Apologies, but this sounds fishy to me. Is her husband trying to raise a bill for her at his organization ? Please investigate and understand why she needs it.
Request you not to sign any document , stating an incorrect account of the benefits which are provided by your company.
Regards,
(Cite Contribution)

From India, Mumbai
boss2966
1166

Dear Ms. Kavitha

If the husband has given the details of spouse in his office as employee in some other organisation, obviously the Government will ask for a self declaration and from the company of the spouse to give the declaration for Children Education Allowance / Reimbursement of Tuition Fee (either one only eligible), Medical Expenditure and LTA, which has not been availed by the spouse of the Government employee during the calender year in which the employee claims. Normally it is in practice in government offices (even I obtained from my colleagues for processing the LTC (Leave Travel Concession) of the employee whose spouse is working)

But as said by Ms. (Cite Contribution) please have a check with that organisation who called for certificate for not availing the facilities of LTA, CEA/RTF and Reimbursement of Medical Expenditure.

If the same is paid as allowance to that effect, for that also you can give a certificate stating that your organisation has considered the same and added in the CTC or gross pay of the employee hence your organisation is not adopting the reimbursement system.

So with that your employee will have the feeling that you have responded immediately, but if you keep pending means that one employee is enough to spoil the entire name of HR Department.

All the best

From India, Kumbakonam
Cite Contribution
1858

Dear Bhaskar,
This sounds new to me. I have not come across it so far. Here's my question, doesn't this pose as a threat that can be contested on the one who signs the document ? What safeguards the HR who signs it ?
Regards,
(Cite Contribution)

From India, Mumbai
boss2966
1166

Dear Ms. (Cite Contribution)
Good Morning and have a great day ahead.
As a matter of fact I am only advising Ms. Kavitha to give the actuals whatever the employees eligibility / entitlement being paid through the salary and nothing else.
In fact, the purpose of asking for such document is to avoid duplication of payment for the same journey, medical treatment or CEA/RTF whatever it may be.
As we are giving only the real and not a cooked or fabricated information, HR need not to afraid for any legal problem like fraudelant claim. In that certificate HR will give the details of the employees eligibility/entitlement and not to tell about making any payment to the spouse of the employee. So the receiver end can make their interpretation and take any decision whatever it deemed fit.

From India, Kumbakonam
Kavitha Janya
6

Thank you (Cite Contribution) and Bhaskar for you suggestions. Your inputs have given me some Idea as to what I should do. I will update you guys if anything else crops up.
Thanks and Regards,
Kavitha V. Rao

From India, Bangalore
hrm_ns@gsfcltd.com
5

Dear Kavita,
There are 2 aspects of your question.
First aspect is about her entitlement, for which, her appointment letter needs to be referred.
Second aspect is that, yes, some of the govt. organisaitons do ask for such kind of undertaking from the employees to prevent one single family to have two times benefit. If a spouse hubby gets benfit then wife will not get. So, ask the lady to make a comparision of the benefits provided by her and her hubbys company, find out which benefie is more beneficial and you give her such certificate for the benefit which she shall avail from her hubbys comp.
I hope its clear now.
Nitu

From India, Vadodara
bharath.j
1

Dear All
Sub: Clarification Required about Karnataka LWF act.
Karnataka LWF act is applicable 50 or more than employees engaged in the premises then the LWF act is applicable, whether we have to take all the state branches employees head count or Karnataka along we take, because here XYZ company having a branches across India but Karnataka having 3 branches but total head count is lees then 20 employees, in this case LWF act is applicable are not, please give me yours valuable consideration
Regards
Bharath

From India, Bangalore
bharath.j
1

Dear All
Karnataka LWF act is applicable 50 or more than employees engaged in the premises then the LWF act is applicable, whether we have to take all the state branches employees head count or Karnataka along we take, because here XYZ company having a branches across India but Karnataka having 3 branches but total head count is lees then 20 employees, in this case LWF act is applicable are not, please give me yours valuable consideration
Regards
Bharath

From India, Bangalore
vkokamthankar
31

  • Government and Government companies still have outdated rules and regulations and they are finicky and fussy about following those rules in letters and not in spirit. For claiming certain benefits they want to make it sure that, same benefits are not claimed by working spouse thru his/her employer. hence they insist on such certificates.
  • There is no harm in issuing such certificates endorsing facts and truth and helping your employee. I have been routinely issuing such certificates, every-year to certain employees.
  • there is nothing fishy in this as suspected by some members.

From India, Pune
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