Abhimanyu Soni
16 July 2008 at 12:31
Dear All
Can we pay PF on basic which is more than 6500?
Hi Friends,
A proprietorship firm is already owning an S & E certificate. It now wants to close the firm and open a pvt. ltd. co. Does it need to get a fresh S & E cert or can it transfer the old one existing in the name of the firm in favour of the company.
Does the firm need to be converted into a pvt. co for this purpose ?
Pls offer your comments.
Thanks & Rgds,
Jaydeep Kurup.
varadha
11 July 2008 at 21:40
sir,sec2(s)of indian labour law defines that a labour may get work on the following category
(1)manual
(2)clerical
(3)skilled or unskilled
(4)operational
(5)supervisor
(6)technical.
If a person comes under any one of the following descrition work mode than the person should be termed as a labour.But on the part of supervisor there is a provision that a person who gets a salary of more than Rs.1600/month as a salary means then the person didn't comes under the term labour.By keeping this salary slab supervisors are likely affected due to thIS provision.Nowadays no one get the salary of Rs.1600(it is quiet low).But whats the reason for keeping this salary slab?But on other five category there is no salary provision,
varadha
11 July 2008 at 21:35
sir,sec2(s)of indian labour law defines that a labour may get work on the following category
(1)manual
(2)clerical
(3)skilled or unskilled
(4)operational
(5)supervisor
(6)technical.
If a person comes under any one of the following descrition work mode than the person should be termed as a labour.But on the part of supervisor there is a provision that a person who gets a salary of more than Rs.1600/month as a salary means then the person didn't comes under the term labour.By keeping this salary slab supervisors are likely affected due to thIS provision.Nowadays no one get the salary of Rs.1600(it is quiet low).But whats the reason for keeping this salary slab?
mukesh
11 July 2008 at 18:49
I was working in a multinational company for +14 years. I was issued termination on 21 April 2008 on the reason that I had refused to accept deputation.
Till time I have not received provident fund, LTA amount and compensation amount.
Please advice me how to approach court for the justice and the attorney firm which are specialised in industrial law with reference to termination.
Eliza Rumthao
10 July 2008 at 16:01
Dear Team,
I wanted to know, if an Indian lawyer can be an employee in an NGO or non pro-fit organisation to represent the third party/any party in the court under an advocates Act. If so, under which statues,Act or case law? Can a lawyer who pratices in the court, in India could enjoy a medical reimbursement under a retainer agreement?
Dear All
I had recently filed my problems yet not get any answer. Again I want to say that in our Company recently P.F. Inspector has made visit regarding to check P.F. returns like Challans, 12AForm 5/10, Form 9, Form 2(EPS) & other related forms along with Muster Register & Salary Register. In which he makes excused that 50% of minimum wages is not allowed in PF. Our Co. is giving 50% basic & 50% other allowances like Fixed HRA, Transportation, Washing, Mobile, Canteen, Special Allow, Others Allow & Salary Diff if any. in which PF is deduct on BASIC + DA, Special Allow, Other Allow & Salary Diff. While ESIC is deduct on Basic + DA, Fixed HRA, Washing Allow, Canteen, Special Allow, Other Allow, Other Allow. During the visit of ESI Inspector he has also checked salary Register but he dosent say any thing & just make sign on it with his stamp. I want know that why PF Inspector ask to paid PF Contribution on Allowances also ? Please send me reply at earliest as it is most urgent.
Rajaram C Iyer
07 July 2008 at 21:55
Can any one tell me what 4 PS and 5 PS form is all about?
aj
06 July 2008 at 14:30
i had one employee in my office.the firm registered is filing nil sales tax returns for the last 3 years.no appointment letter is given or any registers are maintained.EMPLOYEE HAS SENT A LEGAL NOTICE THROUGH LABOUR OFFICE THAT HE WAS WORKING AS EMPLOYEE WITH US FOR THE LAST 20 YEARS,NOT SURE OF WHICH 3 DIFFERENT FIRMS ON OUR OFFICE ADDRESS ,DRAWING 2,500 MONTHLY SALARY.HE CLAIMS THAT WE HAVE MADE HIM SIGN FAKE VOUCHERS/BLANK PAPERS,ETC AND HAVE THROWN HIM OUT WITHOUT PAYING HIS ARREARS.
HE HAD BEEN COMING TO OUR OFFICE AS A JHALLI WORKER(TO GATHER DELIVERY CHALLANS TO BE GIVEN TO TRANSPORTERS KEEPING HIS COMMISSION UNDER FREIGHT CHARGES.HE WAS PROBABLY DOING THE SAME WITH MANY OTHER TRADERS.AT TIMES OF RAIN,HEAT,ETC HE USED TO SIT AROUND OUR OFFICE AND SOME TIMES STAYED OVERNITE IN A SEPARATE ROOM WITH US.WE ALLOWED SO FOR OUR SECURITY PURPOSE.IN THE TIME BEING HE WAS GETTING LETTERS FROM LIC,VILLAGERS ETC DELIVERED AT OUR OFFICE WHICH WE DID NOT OBJECT .HE HAS SOME RELATIVES WORKING AROUND WHO ARE READY TO GIVE THEIR STATEMENTS IN COURT AS WITNESS.
OUT OF 3 FIRMS STATED BY EMPLOYEE,1 FIRM IS NOT OPERATING FROM THAT ADDRESS,HAVING TURNOVER OF 1-2 LAC.
2ND FIRM IS AN HUF FIRM WHERE NO TRADING TAKES PLACE ,BUT HAS A SAVING ACCOUNT FROM THE OFFICE ADDRESS WHERE SOME BEARER GHEQUES WERE ISSUED TO HIM FOR LOAN FORWARDED TO HIM OR TO WITHDRAW FOR OUR PERSONAL PURPOSES.
3RD FIRM IS FILING NIL SALES TAX RETURNS FOR LAST 3 YEARS.
NO APPOINTMENT LETTER IS ISSUED.NO RECORDS ARE MAINTAINED.
HE CAME SOME 18 YEARS BACK,THEN VANISHED ,NOW COMING FOR THE LAST 6-7 YEARS.
WE WERE READY TO PAY HIM SOME COMPENSATION TO AVOID LEGAL PROCEDURES,BUT HE CLAIMS HIGH COMPENSATION OF AROUND 35,000.PL ADVICE URGENTLY WITH RESPECT TO DELHI LABOUR LAW/INDUSTRIAL ACT DISPUTE
1. HOW MUCH SHOULD I PAY AS SETTLEMENT CHARGES?
2. HOW MUCH CAN THE LABOUR OFFICE ,LABOUR COURT,DEEMED EMPLOYEE ,LABOUR OFFICER,INSPECTOR,ETC ASK ME TO PAY UP?
3. HOW STRONG IS MY CASE?
PF deduction
If a concern have 100 employee out of which 10 employe basic salary is more than 6500. The concern deduct pf on 2 employee and not deduct other one.
Whether it is correct ?
Whether the concern have to deduct Pf on all employee having basic salary more than rs.6500 or not.
please suggest.