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SARAVANAN.R   10 February 2014 at 22:13

Ceiling on wages

Respected Sir,

Each and every laws pertaining to labour in our country has a ceiling on wages.

For example, it is 18,000 for payment of wages Act, 1936, Rs 1600/- in I.D Act to include a supervisor or a person doing supervisory work, Rs 25000 in case of ESI Act, Rs 15000/- in case of EPF Act.

I will be thankful,if you guide me in telling the relevance of celing on wages under labour laws. There is a provision in payment of wages Act 1936, wages should be paid with in the stipulated time. Now considering the above example, ceiling on wages under P.W Act is 18000. Does this mean that employees earning up to Rs 18000/- are entitled to this protection of law. Does it mean that if a person earns Rs 25000/- or Rs 19000/- per month, the employee is not protected statutorily or if the employer is free to pay the employee as and when he/ she desires.

I am not wounding any body. My only doubt is why this ceiling is required.
I was very fortunate to read through a note on ID amendment Act, 2010, which has raised the wage ceiling to Rs 10,000 for inclusion of supervisory persons. Thanks to Mr. Hemanth of Bangalore. Hope he will help me in understanding the relevance of ceiling on laws relating to labour.

Saravanan Radhakrishnan

shrikant m dhamgaye   10 February 2014 at 20:58

Regarding to gratuaty

DEAR SIR,I LEAVE MY ORGANISATION BEFORE ONE YEAR BACK.AND JOINED JOB IN ABROAD.BEFORE RESIGN I TAKE LEAVE FOR 3 MONTH AND JOINE NEW JOB.I DID NOT SHOW THE MANAGEMENT THAT I JOINE THE NEW JOB.NOW NOW MANAGEMENT RETURN AMOUNT OF PF BUT THEY ARE NOT RAELEASING MY GRATUATY.THEY ARE ASKING FOR SUBMITTING THE PASSPORT COPY.CAN MANAGEMENT STOP MY GRATUATY.I WORKS THERE FOR 16 YEARS.

sukhpal singh   10 February 2014 at 16:58

Legal heirship certificate

Sir,
The Army authorities has asked for the legal heirship certificate from court of law for the sanctioning of Family Pension of the deceased to the widow.
Do I need to file the succession certificate or suit for declaration

Regards

CHINNARASU   10 February 2014 at 10:57

Gratuity eligibility

DEAR LAWYERS TEAM,
X person joined in Y organisation at the age of 54 and he retired from service at the age of 58 after his retirement management appointed as 1 year contract based consultant from his retirement date in a same employment ID number. Whether he have eligibility to getting gratuity.

He totally worked 5 years in Y organisation.
(Before retirement worked 4 years,
After retirement worked 1 year [contract based consultant])

I'm expecting your valuable answer.

rajeshkumar   08 February 2014 at 23:27

Service case

i have filed petition in court to suspend the third punishment which is one among three punishments charged on me.Court gave order to suspend 3rd punishment also.The first two punishments are suspended by company itself. Company implemented court order after contempt case but it was not providing or promoting promotions which was held due to punishments(charge sheet). So now how i should approach to get all my promotions back.Even i Approach company to provide promotions which were on hold due to charge sheet file on me as of now all punishments were suspended.Company is not responding properly and not forwarding. Now all my punishments are suspended as i am not guilty. How I should approach with court order suspending 3rd punishment in hand.

kishore kumar   08 February 2014 at 21:42

No poaching agreement between companies

Hi,

I'm working with an MNC in Hyderabad, where processes are being migrated to USA and employees are said to leave the company, when employees seek other companies there calling for interviews and putting on hold or rejecting them by stating that (No poaching agreement between companies). Please advise


Regards,
Kishore

CHINNARASU   08 February 2014 at 17:37

Gratuity

IF RETIRED PERSON WORKED MORE THAN 5 YEARS IN SAME COMPANY HE IS ELIGIBLE TO GETTING GRATUITY?

SANDEEP   08 February 2014 at 15:00

After resign six months salary still pending

Dear Sir,

I have resigned on 01 August 2011 with the one month notice period.i Have completed my notice period before my departure.My six months salary is still pending on there parts. I have mailed them several times called them several times but not getting any kind of response.
Please suggest me.

Pradeep   07 February 2014 at 22:16

Entitlement of gratuity

Respected seniors
I am having some query about entitlement of gratuity of an employee serving in a PSU. An employee during his service tenure was dismissed by the disciplinary authority in connection with submission of fake HSC cert. and also got advantages while on service. Later on while verification was done the concerned board authority replied that the cert submitted by the employee before employer is not genuine and on the basis of that report he was dismissed from service prior to his superannuation during the year 2008. Thereafter he did not claim his gratuity for a period of 4 yrs . Now the ex-employee expired in the year 2014. The deceeased nominee now approached before the management to pay the gratuity of her husband. My question is that whether employer will pay the gratuity to the nominee as it is a clear case of forfeiture of gratuity. Kindly give valuable suggestion on the matter

Reetu Dwivedi   07 February 2014 at 11:14

Fake offer letter

Dear Experts,

What a company can do, if someone in issuing fake offer letter using its name and taking huge amounts from the candidates.

We do not have any clue who these persons are no phone no address, the person has just issued offer letter by signing himself to the candidates copying our logo and address from the website.