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Displaying Queries 1 - 10 of 261 in 27 pages

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SB

asked On 21 January 2017 at 20:05

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Severance package for redundancy


Case in brief: I am working in an international NGO , based in New Delhi, India. I am working here for 8 years and 7 months (as of Jan 2017). Since I have joined, my performance has been consistently excellent and I have been promoted as Director (global leader of a particular work area; in my case, application of mobile technology in agriculture) in the senior management grade (one level below the executive management team, comprising the CEO).
Being the youngest director, many have animosity about my progress in the organisation. Recently, such people manipulated the board of the company (comprising of independent executive director and members of executive management team) and convinced them that the theme I am leading has no potential and hence should be made redundant; which in effect makes my position redundant too. They have taken this route, because, otherwise I have been consistently building company's work and bringing in new business, so nothing can be pointed out about my performance.
As a result, the HR has verbally informed me that effective 2017 (they have not mentioned the month but said very soon) my position will be made redundant and I will have to leave the organisation.
My contract with the organisation is on "continuing term basis" that means it automatically gets renewed every year (equivalent of permanent payroll in commercial organisations). As per the contract, I have 90 days notice period or equivalent salary in lien.
However, I think this decision is maliciously intended, without any logic; because there is no factual evidence that the theme that I lead is loosing importance globally (on the contrary, more and more countries are interested in applying information technology in agriculture), nor there is any evidence of financial crisis in the organisation (in last 2 years the employee number doubled). Hence, I want to put up a legal case, challenging this decision with the intent that;
Option A: Company should roll back its decision and let me carry on with my employment and the associated benefits
Option B: In case company is adamant in its decision then I should be getting a fair and justified severance package so that I can get over the this sudden severance decision and carry on my activities with the severance money till I find a suitable assignment for me.
I am seeking a legal practitioner having experience of handling such cases in past, so that my case can be handled suitably and decisively.



Prabhas

asked On 21 January 2017 at 13:12

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Protection of pay


1.We 40 LDA appointed in 2011 under Direct Recruitment Quota in the PB-I (Band Pay 8210/-) with Grade Pay 3500/-. After imparting annual increment it becomes in May 2016 (Band Pay 9710/-) with Grade Pay 3500/-.

2. A Routine Clerk who appointed in Service in 1988 have been given promotion in May 2016, to the post of LDA and pay was fixed as (Band Pay 14390/-) with Grade Pay 3500/-.

3. It is to mention here that the appointment process for the post of LDA in 80% seat is filled by Direct Recruitment and 20% seats is reserved for
Routine Clerk for promotion to the post of LDA after completing a Departmental Exam.

4. My Query is that " Is 40 LDA, who have
been appointed in 2011, eligible to step up their pay as junior LDA in Gradation List.



Prabhas

asked On 21 January 2017 at 13:06

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Protection of pay


1.We 40 LDA appointed in 2011 under Direct Recruitment Quota in the PB-I (Band Pay 8210/-) with Grade Pay 3500/-. After imparting annual increment it becomes in May 2016 (Band Pay 9710/-) with Grade Pay 3500/-.

2. A Routine Clerk who appointed in Service in 1988 have been given promotion in May 2016, to the post of LDA and pay was fixed as (Band Pay 14390/-) with Grade Pay 3500/-.

3. It is to mention here that the appointment process for the post of LDA in 80% seat is filled by Direct Recruitment and 20% seats is reserved for
Routine Clerk for promotion to the post of LDA after completing a Departmental Exam.

4. My Query is that " Is 40 LDA, who have
been appointed in 2011, eligible to step up their pay as junior LDA in Gradation List.



srinivasan

asked On 21 April 2016 at 11:15

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Contract labour act 1971 minimum wages


Sir

There is proposal for increasing Minimum Labour wages as Rs.10000/= according to Contract Labour central rule 1971 in Gazatte. What is the existing Wages now?..

is it will applies to whom?... Whether states Minimum wages applying for the same or its procedure are different?...



b kumar chsndrs

asked On 03 March 2016 at 12:33

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Quary


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This query i

sir told tha t Since you have completed HS


sir ' unfortunately miss to mention my H.S.Qualificstion in the application from . as per adv. minimum eligibity MP+ITI. HOW I RECOVER THE PROBLEM. pleaze give me suggestion to escape it
It is happens lack of my small knowledge but I have submitted my parent depar meant H.S. qualification through attestetation (P vR) before joing job , they P.V.R the H.S. certificate smd closed my record
but first page of my sr showm M.P.+iti
. I had been farther selected Eastern railway at same post . I had took technical resignation and joined Erly2015 . but at the time of (E.RLY) attestation I informed about my H.S .they ignored . farther they sent pvr without H.s

the service book came from my patent department ; the advertisement was no restriction for higher qualification


help me to solve the problem iam very fear and anixty.



b kumar chsndrs

asked On 28 February 2016 at 11:39

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Clarification


sir told tha t Since you have completed HS


sir ' unfortunately miss to mention my H.S.Qualificstion in the application from . as per adv. minimum eligibity MP+ITI. HOW I RECOVER THE PROBLEM. pleaze give me suggestion to escape it
It is happens lack of my small knowledge but I have submitted my parent depar meant H.S. qualification through attestetation (P vR) before joing job , they P.V.R the H.S. certificate smd closed my record
but first page of my sr showm M.P.+iti
. I had been farther selected Eastern railway at same post . I had took technical resignation and joined Erly2015 . but at the time of (E.RLY) attestation I informed about my H.S .they ignored . farther they sent pvr without H.s

the service book came from my patent department ; the advertisement was no restriction for higher qualification


help me to solve the problem iam very fear and anixty.



sachin agarwal

asked On 31 January 2016 at 14:12

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Provident fund


This is the settled law that overtime allowances are excluded from basic wages in terms of the provident fund contribution under the act, 1952. Section 2(b) of the provident fund at has expressly excluded overtime allowances from the definition of basic wages under the provision of the act, 1952. There is genuine distinction between normal and additional working hours and such a distinction should not be made a device to deprive workers of the provident fund. Therefore, remuneration paid for additional working hours and payment of overtime allowance is not included in basic wages. That overtime has not been defined and therefore for the meaning of overtime or the definition one has to look into the dictionary meaning or the Precedents if any. According to Chambers, overtime would mean time employed in working beyond the regular hours and work done in such time of pay for such work and according to Webster law dictionary, means time in excess of the that limit or working time in excess of standard day or week. It is very much clear from the definition of various dictionaries and various opinions that overtime is something which is done not on time but thereafter.
Cases was rightly held that plucking of extra leaves within working hours was not overtime but overwork under time.
That it is also settled position that good work Reward is not overtime but overwork under time.
That the act, 1952 is for the purpose of socio economic object and the contributory provident fund scheme framed thereunder is provided for the benefits of the employees working in the factories, industries and establishments therefore the employees working there may have the economic security for his maintenance during his old-age after the retirement. Thus, the words and phrases used by the establishment for in the matter of payment of allowances, wages, etc are to be interpreted and understood so as to advance the benefits of these provisions of the bennevolent piece of legislation to the beneficiaries thereof.



sachin agarwal

asked On 31 January 2016 at 13:55

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Provident fund review u/s 7b


The 7A authority under section 7A of the act, 1952 is authorise to work for the benefits of the eligible employees for the benefits of provident fund contribution therefore the 7A authority can examine the illegalities of the provident fund contribution under the PF code allotted to the employer by the PF authority. Being a 7A authority, the authorities works as a question judicial authority therefore it is the obligation on the part of the authority to follow the rule of natural Justice at the time of hearing of both the parties where one of the party is the enforcement officer representative on behalf of the Department and second party the employer and any other appropriate person who is entitled to join the enquiry before the enquiry officer. The 7A authority after duly performed the obligation under section 7A of the act, 1952 can examine the applicability and determination of the PF dues for the benefits of eligible employees. It is the necessary ingredient of the enquiry to follow the rule of natural Justice and the used the power in accordance with the provision of settled law in the light of the various decisions of the appropriate appellate authority and Hon'ble Supreme Court and Hon'ble High Courts. That the any person aggrieved from the impugned order passed by the 7A authority can move the appropriate application for the re-examination of the enquiry finalised by the 7A authority. Although there are so many limitations to move the review application under section 7B of the act, 1952 but the basic rules that the rule of natural Justice should be followed and the enquiry should be concluded in due compliance of the facts and circumstances as well as law in the right perspective for the due benefits of eligible employees. Although there is not a specified form to file an application for review under section 7B of the act, 1952 but certain grievances should be reflected under the settled law in the review application filed by the aggrieved person where the re-examination of the 7A enquiry can be reopen. The application under section 7B should be moved within a specified time as prescribed under the law and if the application is within a specified time then the reviewing authority should be issued the notice to the applicant and if the 7B authority dismissing the application without hearing the voice of the applicant is clearly violation of the principle of natural Justice.
The above discussion is the personal opinion of the author and therefore the discussion cannot be used for any illegal purpose.



sachin agarwal

asked On 31 January 2016 at 12:31

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Provident fund


This is the settled law that in case the dues under the provident fund contribution for the certain employees is due from the part of the employer will be determined only with respect to those employees who are identifiable and whose entitlement can be proved on the evidence, and in the event the record is not available, it would not be obligated to explain its loss, or any adverse inference be drawn on this score.
Where the employer is engaged in the construction industry and in the said industry the employer has employed certain long-term employees for whom the provisions of the provident fund act, 1952 and a scheme thereunder are being followed regularly, yet there are certain casual workers who come to work at the construction sites of the employer for a address, then these work men not been identifiable and it is practically very difficult, in fact almost impossible, to comply with the requirements of the provident fund scheme in respect of such migrant labourers. Therefore, the order of the authority for provident fund contribution without a finding about identifiablity of the employees cannot be sustained.
That the conclusion is that if the identification of the employees for whom benefits of the product contribution is entitled to be made and it is not possible practically and almost impossible to collect the details of the proper identification of such unidentified employees, the order of the provident fund authority is unjustified and therefore cannot be sustained in the eyes of law because the provident fund contribution is not a tax but this is the fund for the benefits of eligible employees and if there is no proof of address of those eligible employees the benefits of the provident fund contribution cannot be handed over to the those eligible employees in accordance with the provision of law.



shruti gupta

asked On 31 January 2016 at 11:50

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noc for transfer


Good day experts
I m employed in an aided school affiliated to u.p. board in firozabad since 7 years. I was selected through selection commission. I m basicaly from kanpur.since my only brother died in an accident, I m the lone child of my parents. Becoz of the demise of my brother my mom hav been suffering from high B P and kidney shrinkage. She needs full-time complete care and my father is also old. I have a 2years old child .my husband is employed in merchant navy and remain on ship half of the year. So responsibility to bring up my child is up to me only.
Now it has become very tough for me to continue my job from firozabad so I need to take transfer to Kanpur.
But the management committee is not willing to give me noc.
So experts I need ur kind advice whether there is any provision to get noc from management committee.
Thanks in advance
Shruti gupta












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