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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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SRIDHAR N L   09 June 2013 at 17:07

Payment of gratuity act

An employee heading HR has by influence (Her husband being a LIC agent) has given fictitious amount i.e. entire salary i.e. irrespective of Basic salary and made the management to pay premium for the entire amount. As per the Payslip the salary paid is split up into Basic, HRA , Allowance etc. he salary is around Ra.35,000/- and Basic is Rs.9,000/- for more than a year before his resignation. From the LiC the amount was recieved for the full amount (as per the wrong calculation made). The company paid the Gratuity legally i.e. on the last drawn BASIC and calculated for her service and paid. At present she is suing the company for the entire amount which was given wrong and paid by LIC.

Can we say that the amount paid by LIC was wrong and the Gratuity paid as per law as per Payslip and her salary.

Sridhar N.L.
9551016279

Binod Kr.   09 June 2013 at 10:58

Approval of resignation from govt. job.

My friend is a VLW (Village Level Worker). He had resigned from the job a month ago. But he is still working. Can't we just stop working after giving resignation? What is the law? Please help! I also want to resign.

perminder singh   09 June 2013 at 09:05

Pay protection

Sir,
I was working in Indian Railway Medical Service(IRMS) since 2005( appointed through UPSC).I got Senior Time Scale in that service in 2009 and my pay band(15600-39100) + grade pay(5400) was hiked to same pay band + grade pay(6600). As my wife was already working in Punjab Civil Medical Services(PCMS) and my family was suffering due to our different cadres, after about 8 years of experience in that service, my technical resignation through proper channel for joining PCMS (through a Walk in Interview) was accepted wef 28/02/2013 with last basic pay of 28950+ NPA.I submitted my joining report in PCMS on 01/03/2013.But here my pay scale is as Pay band(15600-39100) + grade pay(5400)with basic pay of 21000+NPA. I wish to apply for pay protection in my present service.

Sir,How can i get my previous service regularized and pay protected?

if I get pay protection, how much time the increased pay will be given?

i request the experts to give their valuable opinion for which i will be thankful to them.

regards
Dr. Perminder Singh



Swetha   08 June 2013 at 23:01

Maternity law

Hi ,

I Am working in a Big IT firm since 2.5 yr on contract through Third Party company.

My Issues are

1.Third party company says that Women employee is elegible only for Basic pay and that is not paid during materntiy.

2. 3 months Maternity Pay is done only once the employee is joined and worked for next 3 months or else it is not even paid to them.

3. Till now third party has not cleared maternity policy even after continuous follow ups.

Please kindly help if u need more Info.

I'm Under big problem My delivery dates are near.

Regards
Swetha

Chetan Patil   08 June 2013 at 21:43

Reagarding wages

Dear Member

That in Maharashtra the Labour Dept published a list of 64 categories and revised the minimum wages on time to time on those categories

Dear memebr pls tell me that in that category the spinning mills run by the cooperative management is not mentioned so hos we can determined the wages of labour of that mills


kindly note that in that category one factory registered under factories act are made whether I can determined the wages as made for that category


pls clarify

thanking u

regards

Santosh Kumar Panda   08 June 2013 at 13:56

Principal mployer under clr&a act

In a big integrated factory employing 20000 workers and producing 2.5 MT steel and having many departments manufacturing intermediary products, the second in heirarchy has been named as Occupier and another officer reporting to him as manager as per the factories act.
As per the CLR&A act the principal employer will be the occupier or the manager of the factory and in an establishment the person having ultimate control or supervision in the said establishment.
Now for proper compliance of CLR&A act the head of departments heading different departments(establishments) which manufacture intermediary products have been named as principal employer,since the number two person who is occupier can have no supervision and control over the working of the said departments.
Since the number two cannot have supervision and control over the contractor and his employeees the head of each establisment have been named as the principal employer.
Is their any flaw in it?

Mahesh   08 June 2013 at 10:05

Claim by company after full and final settlement

Dear Experts,

I am D.Mahesh. I was working with a company from april 2011 to october 2012. i resigned from the earlier employer by properly serving a written notice and working there during the notice period and got properly relieved from that company. in my last day with the said company ie. 12.10.2012, i was provided with my relieving letter and a no dues certificate.

everything was going smoothly. about 5 months later in march 2013, i received a letter from my earlier employer informing me that, the full and final settlement provided to me contains a mistake and informing me to pay an x amount to the company.

Experts please help me to solve this issue. I hope, there could not be any dues to that company because i was not using any properties of the company, not even a corporate sim. apart from that, please guide me, whether a company can claim from an ex-employee who left the job five months back, to pay the dues after providing with the full and final settlement and a no dues letter.

expecting yours reply at the earliest. kindly do the needful.

DD   07 June 2013 at 23:48

Regarding gratuity

Respected Sir/Madam,

Request you to please help with the following query on gratuity policy.

Company A's Gratuity policy pays gratuity after 5 continuous years of service.

Company B's Gratuity policy also is as per Payment of Gratuity Act.However, they pay gratuity after 2 continuous years of service for employees who joined before a certain date of year 2012.

Now, Company A has been amalgamated into Company B and all employees of Company A have been transferred to Company B. Company A employee's years of service will be retained.However,after the amalgamation(approved by the High Court of Judicature)

After the amalgamation, are the employee's of Company A eligible to receive gratuity as per the gratuity policy(which says Eligible for gratuity on 2 continuous years of service and joined before a certain date in 2012) of Company B? The confusion is because of the difference in the gratuity policies of the 2 companies.

Does Company B have to pay gratuity to the employee of Company A after the merger?

Can 2 different gratuity policies exist after the amalgamation?

Please help.

Regards,
DD

Gorthi   07 June 2013 at 15:43

Pf- damage charges ( sec 14 b of pf act)

Dear Experts,

How to calculate damage charges under the PF act(As per Sec 14B)

We did not paid PF amount of Rs 10,000 PM for the months of Jan'13,Feb, mar,Apr'13. Same has been paying now i.e by 15th June. Please let me know
1)exact calculation like calculating the months and days ETC.
2) Interest calculations
3) Challans to be filled for interest and Damage charges.

Pallavi Jawale   07 June 2013 at 15:14

Best driver.

Dear Sir,

I am the Best Driver and they i have suspended me with a silly reason like my driving is not proper and i am talking on phone or take photo. there was a departmental inquiry but they through me out of the job now what i have to do. under which law i will get the relief. I will be very helpful. thanking you. awaiting for the reply.