Karan Gaur
08 January 2012 at 12:05
am employee is paid Rs. 400 on daily basis for 12-13 days every month thereby monthly Rs. 13*400=5200/-.
Now I want to know whether PF is to be deducted or not.
other details:
1. The organisation is covered under PF Act and has above 400 employees.
Anonymous
08 January 2012 at 01:45
At time of recruitment some companies tend to ask if any criminal case is pending against the candidate. We all know that anybody can file case against anybody at anytime. The person is innocent until proven guilty and convicted.
Hidden motive of these companies by getting this information is to discriminate and shunt out the candidate against whom a case is pending. If candidate tells the truth that xyz case is pending against him, then most likely he will not be recruited. So what is the way to avoid this nuisance question by the company? What is the harm in saying that no case is pending against him? After all what right or interest a company has to know about a case that is sub judice?
Anonymous
07 January 2012 at 21:33
Dear labour case experts,
Whether paying gratuity after one year without interest to a terminated employee ( termination is without any inquiry,misconduct and chargesheet but only on grounds of surplusage and reorganisation) is sufficient to prove in court that termination was illegal as it was against Gratuity payment Act.
Mr. Sanjay Kulkarni
07 January 2012 at 12:18
Sir,
Many labours are employed in a PSU through contractors. The job work in for 2 hrs in a day. Whether the company has to pay for full day as per minimum wages act? Please clarify quoating law section details.
Karan Gaur
07 January 2012 at 10:02
am employee is paid Rs. 400 on daily basis for 12-13 days every month therby monthly Rs. 13*400=5200/-.
Now I want to know whether PF is to be deducted or not.
Anonymous
06 January 2012 at 17:29
Hi,
how to find the places Area (A,B,C) in minimum wages Act, what is the penalty if a company not pays the minimum wages
whether the penalty is applicable to company if they employee contrator
Anonymous
06 January 2012 at 14:28
in the conference calls, one of the senior guy of the company has been using abusive language.it has been recorded in the companies' storage gadgets...for ex:
1. not meeting the targets means sending your wife to somebody else as u are impotent.
2.rogues...etc...etc...
we are very much pained as the total non performance can be attributed to the companies mischievious things...and no credibility....
we want to teach that senior guy a fitting lesson.
please suggest remedies.
John
06 January 2012 at 14:11
Respected people,
I resigned from my current organization which I was employed for past 2 years.
My pay structure given in the offer letter is as below.
Remuneration package value
Annual gross salary ( INR): xxx(split as below)
Annual fixed income( INR): xxx
Annual performance incentive – base case(INR): xxx
The performance incentive will be paid out to the employee annually as per the company performance incentive plan . the actual payout amount will depend on the employee’s performance as well as the performance of the Unit during the year . the term “Base Case” implies employee’s individual performance meeting expectations.
Next salary review : April 01, 2012
Last year I got an annual incentive amount which is equivalent to 130% of the ‘base case’ given in offer, since my performance was above average(occasionally exceeding expectation).
This year, my performance review is done and I got the same above average rating and I do have the proof of this report with me.
Now, the company is not ready to pay my annual performance incentive component(not even the base case) giving the reason, I am not staying with the company till March 31.
But in my offer letter, this clause of annual incentive paid only if I serve till March 31st, is not mentioned anywhere.
But it was published in the company policy web site, which I could view only after joining the company.
My relieving is end of this February.
But when I joined this firm, I joined on December and that year I was given the performance incentive in a pro rata basis.
So do I have the right to claim this amount?
John
06 January 2012 at 12:26
Respected people,
I resigned from an organization which I was employed for past 2 years.
Here is the clauses in my contract regarding termination of contract.
"Either party for any reason whatsoever upon either party giving to the other party written notice of the period specified in item 7(which is '2 months'). of the schedule here to and this agreement and the employee's employment shall terminate upon the expiration of the aforesaid period. The Employer may in its absolute discretion, make payment of salary in lieu of the whole or part of any notice period given. The employer reserves the right to require the employee to not attend work or vary the employee's duties during any period of notice of termination given by the employer. However, during this period the employee will be entitled to receive the employee's normal salary and benefits of employment. Notwithstanding anything to the contrary contained in this agreement, specifically in clause 8.4(A right under this agreement may not be waived except in writing signed by the party granting the waiver and a provision of this agreement shall not be varied except in writing signed by the parties), the employer reserves the right to unilaterally modify the notice period specified in item 7(which is '2 months) of the schedule here to as may be necessary in accordance with its polices and/or in the best interest of the employer and its business interests."
I resigned on December 28, 2011 and the employer now insists on serving notice period till February 28th, 2012. This is the way they count 2 months but actually it is 63 days. But I have some specific situation that I need to get relieved after 45 days of notice and I have 10 paid leaves left and am ready to pay for rest 5 days compensation. I promised in writing to complete all pending tasks assigned to me before relieving.
In this case, my employer threatens that they will withhold my relieving letter and experience letters and cause trouble with my full and final settlements and cause trouble during any future enquiries by any other employers of mine.
Is it possible for my employer to force me to serve full notice period
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Interim relief application during pendency of a labour case
In a 4 year old labour case of illegal termination at the stage of cross examination of management evidences,lower court have disobeyed order of high court in which HC has directed it to solve the case before 31/12/2011 during disposing of writ petition by management who was charged for contempt of order of High court of not to take adjournment in lower court when hearing of writ petition is going on in HC and asked the workman lawyer what workman want to purge the contempt.
In its reply workman only requested HC for early disposal of his case to purge the contempt of management who is continuously delaying the case and creating hardship for him and his family consisting of his unemployed wife and two public school going children.
Now my question is if lower court can disobey high court order where faith of a common man towards justice in this country
will go ? Will it not lead to a situation in which common man will become judge of his own and resort to those barbaric action that took place some year ago when MD of a company was brutally killed by terminated workers who were unable to feed their family?
Is it not the duty of court after calculating the time period and condition of workman that he should be given some interim relief to overcome his hardship if management using money power and reputed lawyers is stretching the case on one or the other legal grounds and court keep on giving dates as per their convenience ignoring the condition of already ailing workman.
Is there any way in which workman can put his request that court should now grant him some relief otherwise either he had to bend in front of his employer or have to take law in his hand since law is in hands of corporates.