PRADEEP KUMAR SHARMA
03 June 2012 at 11:21
Hi
I am pradeep Sharma , I want to discuss about the definition of workmen,In our company we are having 35 staff in permanent Role , out of 35 staffs 20 staff are doing Clerical Job in sales /Accounts section rest of are doing supervisory work . They are having all commending power to control the labour . Their salary is also above Rs.11000/-. will come under workmen preview.
Regards
Pradeep Sharma
Harry
02 June 2012 at 23:22
I am working for a company in Mumbai for about 9 years. I want to leave the company to pursue other opportunities.But the company is putting restrictions that i cannot work for any competitor for 3 years.
I am ready to give a 3 month notice and work till then.The company is forcing me to be sacked or sign a letter that i will not work for 3 years in a competitors firm.Is it possible for them to put a restriction on my career?
Devulapalli Subbarao
02 June 2012 at 21:04
Sir,
As AGS I had taken up one cawse of misappropriation in the Postal Deoartment of Rs 8 lakhs in sale of severa types of state exams forma by a Postal Assistant. i successfully handled the departmental case.But simultaneous Police case was lodged by department.The confession statement of the official was taken into cognizance by the Munsif magistrate court and punished official with 6 months jail. The advocate though advised by me did not offer defense witlessness and also not argued about handing over the stock of forms for sale to the official. However I got injunction order from Secession court staying the imprisonment order. can the official now raise all the points of defense which were not raised in the preliminary court. Please clarify.
=D.Subbarao Retired Head Postmaster Kurnool
Ankit Bidani
02 June 2012 at 12:29
Dear Experts
I've a query related to Notice Period Pay, I was working with a consultancy in Delhi headquartered in Kolkata.
As per my AL I had to serve 30 days notice to the company, but due to non availability of enough time I only served 8 days notice period and joined a new organisation.
Now when I applied for my PF the company has sent me a demand notice asking for notice pay. The notice pay has been calulated on Gross Salary and has few wrong dues mentioned. I spoke to the ex-employer and informed them that I have all intentions to clear any dues but the caluclation should be rectified first.
I requested them to calculate the notice pay on Basic Salary since they are calculating the balance leave encashments on Basic Salary and there is nothing specifically mentioned in AL about notice pay to be calculated on Gross.
But they are saying it is company's policy and threatning me that they will write to my present employer if I do not clear the dues.
To me it seems totally unfair that they are calculating balance leaves on Basic but notice period pay on Gross.
Please suggest what can I do to prove my point strong and are there possibilities of any legal problems against me even though my intentions are to clear the dues respective to right calculations.
Also, as per SE Act 1954 one has to pay notice amount equal to one month's pay. Should not we consider "Pay" as "Basic+DA" as per Minimum Wages Act?
Looking forward to some valuable suggestions.
Thanks
Ankit
eshwar
01 June 2012 at 18:44
one of my friend joined a firm of chartered accountants in july,2011 at that time the employer was offering Rs.10000 and employee(friend) Rs.15000.when he joined in, he got his salary @rs.15000 and from then on he got Rs.15000 till date.Now employer says he approved only 10000/- and wants to recover the excess paid earlier can he do so? he contends we paid employee by mistake @15000/-
Employer is a private enterprise.
employer wants to reduce the salary to 10000 and recover the excess paid earlier.
can he do so?
nilesh kokane
01 June 2012 at 16:44
my father wasin d.o.t he had served 23 years of service then he got medically unfit for which we prodeced mental illness certificate in 2002,2004,2006,,2008 but the dept was not giveing invalid retirment so we approached in cat we got justice he was declared invalid retirement from 2004 but the judjement was given in 2011 after that i immidately applied for compasionate ground appoinment so there is a point syatem we dont have our own home this increased points but they say i applied late i applied as my father got retirement on 2011 but from the date was declared 2004 can i get the job how n in bsnl,d.o.t or mtnl my father didnt change dept from d.o.t at the time it was changing the dept he was unfit so he dident fill the form of mtnl he stayed in d.o.t dept gave 2004 retirement on 2011 please guide
Neha Mittal
01 June 2012 at 15:34
Hi,
After my maternity leave of 6 months; I want to leave the organization to take care of my kid. After spending almost 5 years with the organization and having no responsibility assigned to me at the moment; am I bound to pay for the notice period or that can be challenged legally because notice period is for the smooth handover and I have no responsibility to handover.
Sweta
01 June 2012 at 13:43
is minimum wages act applicale to the company for office staffs to whom they are paying salary?? if yes/ no then some supporting docs will be needed. I also need payment of minimum wages rules of west bengal, 1973
Prakash Singh
01 June 2012 at 13:41
Dear Sir/mam,
I am a law Student & my Wife is working in a LTD Company based in delhi itself ,Now my wife has asked for paid maternity leave from her company as she is 7 months pregnant.but the company is denying the same & asking to resign on the basis of company internal HR policy in which its mentioned that a employee will not be entitled to take maternity leave before two years of service . My wife just have completed a year of job in the company & hardly taken 12 leaves in a years of service. She is hard working & also got salary hike on same basis which we do have proof of the same given by the the company. please guide us what action can we taken if company reject her leave on basis of company internal policy. thanks
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Liability under workman compensation act
Dear Sir,
Please guide us,
In factory site, workman’s met with the accident while going out after finishing his shift by the vehicle provided by the company.
Factory is not covered by the ESIC, because ESIC is not applicable in that area.
the Company has taken group insurance policy and open insurance policy for entire factory premises.
my queries are as follows;
1. whether company is liable to pay under workman compensation act,
2. if yes, then amount paid under workman compensation act can be set off against insurance claim payable under group insurance policy.
3. for workman compensation, whether the Company should take separate policy also to cover the liability under workman compensation,
4.whether open general insurance policy taken by the company will cover workman compensation liability
6. can dependent of family member /company make claim under motor vehicle act also in addition to workman compensation to claim from third party..
Kindly guide us in this matter.
Regard,.
Sunil