Balaram
23 September 2008 at 16:40
Dear Mr. Harbhajan.
I have come across one issue. We have a branch in Neiveli ( chennai)where we are working for BHEL company. We have hired 25 workers on daily wage and 2 on monthly. Those who are on daily wages are under Neiveli labour License purview.
Now some workers are doing some agitations. But our representative who is on monthly rolls insisting on unofficial negotiations for Full and Final Settlements as we wanted to remove 4 daily wage workers.
Here important issue that even though they are under daily wage, we are paying monthly once in to their bank accounts (no. of days worked * daily wage)..hence it is not a salary but a wage.
Now, it seems local trade union met chennai asst labour commissioner and unauthorizedly made the following issues to follow if we need to remove. Here I have a doubt..whether are they really come under law ? or simply that Labour Commissioner supporting these union ?
Can we oppose this ?
Those points are :
1. we should pay 20 days' leave wages for every 240 days completed.
2. We should pay 15 days pay for every 240 days completed. ( might be gratuity).
3. We should pay Conveyance allowance of Rs. 200 every month for the service they have completed.
4. We should give either one month notice or pay 26 days notice pay amount now itself.
Here we can assume that they have joined on 1.12.06 and working till now.
I have a doubt, if these are daily labour why should we pay bonus, gratuity, leaves salary, conveyance ( no law), and notice pay..?
How to go for argument with that Chennai Labour Commissioner in this regard and how can we support this ?
Prabhu Dev
22 September 2008 at 14:59
Dear Sir,
I need forms and applications for registering a firm under Punjab shops & establishments, & Gujarat shops & establishments
Also looking for application for getting 365 days opening permission license, and appointment of contract labour license.
Kindly send it to promentorconsulting@gmail.com
Regards,
Umesh
D.M.Puri
21 September 2008 at 19:14
I wish to know the names & contact numbers of lawyers based in kolkata or elsewhere in India who are experts on Labour and Industrial Law and service matters.
J.Satyamurthy
21 September 2008 at 19:09
Sir, Can we file petition u/o 9 R 13 CPC to set-aside ex-parte award witin 30 days of its pulication,and also if the delay is more than 30 days can we present the same along with sec 5 of limitation Act.before the same court.Please any body help me
jayanttelang
21 September 2008 at 16:52
Dear sir,we had a earlier discussion regarding above matter,under your guidence i asked about 'certified standing orders' to my HR and inquiry officer but they neglected my question and told me that we have already sent you all details about this matter,but still i did not receive any single letter regarding this matter from their end,i think,either they dont have any certified standing orders or they dont want to provide me the same,now what to do?
one more Question- six months have been passed,therefore i requsted to HR and Inquiry officer to increase my subsistence allowance(50% to 75% of my total salary)but he denied and sent me a letter as 'The Domestic inquiry is delayed at your cause and as per the law of Natural Justice you are not entitled for any subsistence allowance for such period'
while they make a barrier in the way of my defence representative (who is co-employee of my company)to attend my domestic inquiry,now in this situation what would i do,kindly guide me,thanks
V V SATYANARAYANA
20 September 2008 at 18:01
Sirs,
What is the criteria (minimum number of employees) required for registration under
a) P.F.Act
b) E.S.I.Act
Please clarify.
m.v.prabhakar
18 September 2008 at 14:54
Sir, Shall be greatful if you could givet your expert opinion on the following facts and questions.
An adhoc promotion was given pending criminal case. CS has been filed and framing of charges has not taken place for the past 8 years.Sanction order issued but it is defective as there is no pecuniery loss to the company on the date of sanction.All the money had been received before the date of sanction. However the sanction do mentions there is loss which was later clarified to Prosecution that all the mpney was received adn to take a view to continue the case or not.
Q1. An adhoc promotion was given. now next DPC is due and applicant is eligible otherwise for appearing for the DPC. During ad-hoc promotion can we call the applicant to face DPC for the next promotion. Pl. give reasoning in either case.
Q2. When the Review DPC is warrented.The earlier DPC was informed about the Criminal FIR, arrest and release of the applicant and also pending CS. Though the then DPC would not have taken these information, still they would have been biased in thier decision.The above ad-hoc was given based on the finding of the subsequent DPC. Can the Review DPC is warrented to make the record stright.
Pl. give SC or any HC decision to support with citation.
Regards
Prabhu40
Arihant AC
18 September 2008 at 08:46
Dear Friends
Can any has draft for agreement for commission agent?
Regards
Nehal
Balaram
15 September 2008 at 18:15
Dear Experts...!
As per our policy, 45 days notice / in-lieu of salary is mandatory either side.
Now one person left breaking that with just 2 days of notice and without approval of his resignation.
Can you please tell me what all the possible legal actions can be taken against him ?
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Limit on Gratuity
I heard that the life-time limit / ceiling for Gratuity has
been raised from Rs.3,50,000 to Rs.10,00,000.
is it right ?