Anand
08 February 2017 at 23:20
Sir,
my wife is posted in Jaunpur and our child is only 4 month old. She has applied for child care leave but Chief medical superintendent rejected it. my child depends only on her mother for food and hospital environment is not good for my child. I have learnt child care leave rule it will be treated as earn leave. at present there is code of conduct so please tell me what i will do.?
Vasudevan
08 February 2017 at 14:50
Consequent to the Departmental Enquiry, I had been served with the order of Compulsory
retirement by the Disciplianry Authority who is also the Appointing Authority for my post held. In the order of the Disciplinary Authority, there was no mention on the quantum of reduction of pension or gratuity. I had 33 years of service. Whether full retirement pension and Gratuity be paid to me as there was no mention on the quantum on reduction of pension or gratuity was not mentioned? Please clarify. Thanks in Advance to the Experts.
kankit kumar
08 February 2017 at 10:24
Dear Experts,
After resign My company is not giving experience letter and relieving letter they said it is not in company policy. But new employer is demanding the experience and relieving letter. Pls tell me can i intiate any legal against my previous employer not to provide relieving & experience letter.
Pls reply...
Regds
Kankit
rishabhrai
07 February 2017 at 13:50
Hi all,
first of all i m writing this to know the rules n regulation of labour in an organisation i have been working in a retail store at highway nh-58 the timing of store opening is 7 am till 11 pm at night, this firm is register under company laws.my problem is that i daily travel around 45 km one sided to reach at store by the mode of bus regularly near 7 am & spent 10 hours at store till 5 pm under my shift.But some times if other guy not available i have to closed the store till 11 pm after that its not gonna possible to reach my hometown in that case company provided the room not food & all & continously joined the store at 7 am in that case company provided the salary on double bases is it right way ??? but problem is that our manager is so rude any problem related to store operation he cut down the whole day & night salary without knowing the facts beside this they provide only 2 week off in a month.so my question is that 1)Overtime wages through law is justify?
2)weekly off through labour law is justify?
3)Mentally & physically harsement by manager in an organistion
4)Molestation of all the people at store through this rigid nature by management
beside this i dont have any appointment letter & doesnt sign any terms & condition though employer but i received my salary in an account .
so, pls suggest us all for logically & legally practises under labour law
Sumir
07 February 2017 at 09:53
My office- BMC/ Mumbai corporation is threatening me with termination on baseless grounds. I want to approach MAT- Maharashtra Administrative Tribunal.
Can anyone give me draft/ or their previously filed application before MAT, against suspension or termination of service
P.V.Ramana
06 February 2017 at 19:57
sir . I am acquitted in criminal case vide judgement CC124/2013 .I requested railway general manager to reinstate me consequent upon my acquittal in criminal case.but no response
the honourable CAT directed as follows.
"the OA is disposed at admissin stage with a direction to respondent 1 to consider and dispose of applicant's representation dated 28.3.2016 & 23.5.2016 (annexure A &annexureB) keeping in view of judgement CC124/2013 dated 26.2.2016 and honourable high court in WPno 16104/2013 dated 10.6.2013 and pass reasoned and speaking orders in accordence with rules and law......." but the order passed by respondent is not speaking about acquittal or service rule which permits reinstatement on acquittal. kindly advice me whether can I pray the CAT again to direct the respondent to comply with order to avoid admission of case as the present new general manager is of helping nature kindly help me in this regard thanq sir
aparna gupta
06 February 2017 at 13:36
Dear Experts/seniors
i am HR manager need your valuable input as to transfer of employees from one branch to other branch....1) can we transfer the employees by way of putting clause of transfer in appointment letter in respect of business exigency....2) however after signing appointment letter accepting the clause to be transfer if employee refuse to be transfer then in this scenario can we ask the employee to resign....and if employee put the resignation then will i have to pay him retrenchment compensation u/s 25F of ID act. 1947.
also clarify :- in case if employee denied to be transfer also not agreeing to resign then can we terminate him on the ground of voilation of service agreement?
please share your valuable inputs
Thanks In Advance
Aparna Gupta
sachin agarwal
05 February 2017 at 22:54
When a trainee is imparted for the purpose of training only for upgrading his skill and not to do any work for the gains of the employer and by the employer any amount paid to him attracting him to attend coaching classes cannot be treated as wages for the purpose of provident fund contribution under the definition's of the act, 1952 and an amount paid to a trainee is incentive and not wages for the purpose of PF contribution and if the purpose of that amount to pay to the trainee is only to attract the trainee for upgrading his skill.
In the absence of payment of wages to a person employed by an employer, the relationship of an employer- employee would not come into existence for the purpose of provident fund contribution.
It is clear that only when an amount is paid to an employee and same is qualified as wages under section 2(4) of the act, 1952 would attract the PF contribution and not otherwise.
In a one hand the labour laws, shall not apply to any apprenticed and in other hand, it trainee undergoing apprentice under the apprentice act, 1961 or under the standing orders of such establishment shall be a trainee and not a worker to be covered under the act, 1952. Although it is very clear under the law that as per section 2(f) of the act, 1952 that any person engaged as an apprentice, or trainee not being an apprentice under the apprentice act, 1961 or under the standing order of the establishment, is an employee to be covered under the act, 1952 for the contribution of provident fund.
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Child care leave
Sir, my wife is posted in Jaunpur and our child is only 4 month old. She has applied for child care leave but Chief medical superintendent rejected it. my child depends only on her mother for food and hospital environment is not good for my child. I have learnt child care leave rule it will be treated as earn leave. her maternity Leave will end up on 11/feb/2017 and because child is exclusive on mother milk we need child care leave and senior authority refused it. (Other terms and conditions as applicable to sanctioning Earned Leave shall be applicable in the matter of sanctioning Child Care Leave.) at present there is code of conduct so please tell me what i will do.?