Ramesh
12 February 2009 at 15:51
Under Section 1 the establishment will have to have registration if the employer engages 20 or more contract labour in last 12 preceeding months. Similarly if contractor engages 20 or more contract labour in last 12 preceeding months tnen he has to have licence. However, it is not mandatory that all the 20 contract labour are engaged in one single establishment. i.e. He can have 10 labour in "A" establishment, 5 labour in "B" establishment and another 5 labour in "C" establishment. Even in the above sinario he will have to go for licence. Kindly confirm.
Regards,
Ramesh Mande
Arihant AC
11 February 2009 at 10:50
Respected Experts,
My Querry is whether Employees Provident Fund Act is applicable to labour work which was done out side the Factory Premises? As the said Labour work was done by Shop & Factory of others Employers who work independently & work forr all other Establishment also.
Whether EPF Act is applicable to Labour workers under Civil & Construction Work who worked for 20 to 30 days only in a year & if yes then whether they recd. full amount amount i.e. 24% EPF back ? What is the procedure for that. As the said Employee has not having there Birthdate proof or Residential Address as they live there life on foothpath & also the maximum employee are illetrate.
IF there is any Case Matter regarding this please give the reference of the cases also.
Regds,
A. A. JOSE
10 February 2009 at 20:19
Dear Experts/Sirs/Madam,
Kindly give your valuable opinion on this matter.
Pursuant to the orders passed by the SUPREME Court in a proceeding, the employer was required to regularise contract labourers working in the establishment on or before 20 January 1997. However, some of the persons who were actually not workers of the contractor on the said date managed to create false records in collusion with the Personal Manager of the establishment and accordingly obtained appointments on regular basis. Thereafter, matter was found out and after departmental proceedings, the Personal Manager was dismissed. Further, after issuing show cause notices and on consideration of their replies thereof and after giving personal hearins also, all concerned persons who were wrongly appointed , were terminated by the establishment but without regular departmental inquiries against them. Whether such termination or regular employee, though obtained employment on such fradulent means, without regular displinary enquiry,is legally tenable or not. Your opinion alongwith any supporting citations would be highly obliged please.
VIKAS GARG
10 February 2009 at 18:44
hello friends i m working on project "Approach of apex court on labour laws: recent trends". As this is my first formal research work and i don't have any experience in research ..plz help me and suggest me what should i do and from where and how should i start...plz provide me relevant case laws or articles etc..and suggest me proper synposis also....
my email id: vikasgarg_advocate@yahoo.co.in
thanks
Ramesh
10 February 2009 at 14:24
Whether contract labour after completing 240 days in Principal Employers establishment automatically become the employee of the Principal Employer.
Any case law on this.
Which contracts are perennial contracts.
Apart from the usual benefits given to the contract labour under the Act, which other benefits can be given without attracting the backlash under the Act.
Regards,
Ramesh Mande
adv fauzia azim
08 February 2009 at 23:47
HELLO FRIENDS,
I AM IN NEED OF MEMORANDUM OF SETTLEMENT.BETWEEN AN EMPLOYER AND EMPLOYEE(MUMBAI).IT IS FOR VOLUNTARY RETIREMENT OF THE EMPLOYEE WHO IS SEMI-SKILLED AND ESTABLISHMENT HAS ONLY 3 EMPLOYEES AND FALLS UNDER MINIMUM WAGES ACT.PLEASE GIVE ME TIPS FOR CLAUSES TO BE INCLUDED IN THE SETTLEMENT SO THAT THE EMPLOYER IS NOT HARASSED BY THE EMPLOYEE IN FUTURE,THANKS FOR ALL THE SUPPORT FOR THE PAST QUERIES AND THANKING IN ADVANCE FOR THIS QUERY.
Olivia
05 February 2009 at 15:37
This is with regards to a contract employment-- we 2 employees employed on a contract by an indian contractor but working for an MNC from the past 25 & 12 years respectively.. Off late we are having a lot of issues with our contract..It has not been renewed from the past six months but we have been receiving salary.. Now they tried taking one employee out but was not able to do as is surfaced the contract documentation was inappropriate.. Now they have been asked by the MNC to close this contract and put us in the indian pay role.. The contractor wants us to sign a document of acceptance on the same.. They will pay us us PF accumulated and gratuity.. they want us to wipe the years of service we have put in.. and start fresh in the new company , but we are reluctant as we know we wont be in that employment for more than 6 months as then they have a right to check us out.. Secondly can we claim retrenchment compensation due to closure of the old contract or any way to account for the years we have put it...
Request an urgent response as this will have to be closed by next month
Navaneetha krishnan
01 February 2009 at 12:37
Dear Gurus,
Please let me know about the history and practical applicability and statutory/legal bindings related to VRS
anshul sangal
01 February 2009 at 12:20
in which field i should start my career.whether HR or Labour Law? I am now in LLB final year. Ihave done MBA in HR .
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Maternity Relief Act,1961
Suppose a woman employee after the maternity leave resumes office for a day or so and tenders her resignation, in that case can an employer not give her the maternity benefits. Are there any provisions / judgments where an employer is entitled not to pay any maternity benefits?
Also which section of the Act provides for paternity leave?