Anonymous
07 August 2011 at 19:10
Can the employer(particularly government) use transfer as a camouflage to keep away one of its employees from a particular workplace on the ground of public interest to his detriment in respect of future prospect.
Although the employer's right to decide when and where to post its employee for extracting maximum gains has been acknowledged by the courts, in exceptional cases, where the facts are so glaring that its conscience is shocked, then courts can interfere and operate the scanner of its judicial review.
Kindly quote citations if any.
Anonymous
07 August 2011 at 12:41
An Ex-Employee has sent his 15 year old brother to learn the work in a Shop in Delhi (as Apprentice).
Now tell me that,
1. Whether the minimum Wages Act applies in this case ?
2. Whether he will be treated as a labour ?
Anonymous
06 August 2011 at 17:35
I have taken VRS from insurance company after 28 yrs of service n& I received PF ,GRATUITY,LEAVE INCASHMENT, COMPUTYATION OF PENSION,GROUP LIC . I want to know which amount is tax free & which is not.
Rupesh
06 August 2011 at 15:30
Dear Experts,
I want to know that a Kitchen is established to supply the food in companies, It employees less then 20 employees. Is it come under factory act. Labour Department had already issue the shop and establishment license. Now the other department(Industrial Safety) says that kitchen comes under the factory act. pl. guide me what to do. If it comes undr factory act How can the the labour department issue the shop act license.
R.K. Arora
AVINASH PANDEY
06 August 2011 at 13:05
No.
No one can force you to serve the company for full notice period without salary. it will amount to forced labour.
V.N.K. MENON
06 August 2011 at 12:27
History of the case: A person had made a complaint to Central P.F. Comm . which in turn was sent to Reg. P.F. Commissioner (RPFC) to take action u/s 14-B of EP & MP Act against employer for not having deposited p.f. contributions (employee + empr) due in the respective months from January 2002 to June 2002. Instead of sending notice to employer RPFC conspired with certain officials and employer deposited only the amount due and payable had it been deposited in the respective months of 2002. No interest as per S. 7Q of EP & MP Act was not deposited. The person had made complaints to CPFC, but no action was taken even though reminders were sent . As such made complaint to Secretary Labour, Govt. of India, in April 2011 – again no action was taken.
QUERY: Is there any limitation/ bar to file a case in the P.F. Tribunal u/s 7 I ( i.e. Seven i) or any other provisions and briefly state the procedure? Thanks in anticipation for early reply, please.
mamta sanjay karkar
06 August 2011 at 10:09
mamta sanjay karkar
law officer
I want to know how the basic salary of any employee can be decided (legal base) ? I know the structure of minimum wages and DA that is declared by Govt. labour dept. But for PF concern how to make basic + DA from the total wages paid to an employee ? also can we pay any employee only 26 days salary in every month excluding sundays + National holidays ?
Mamta
Anonymous
05 August 2011 at 19:50
AN EMPLOYEE JOINS A PVT. LTD. COMPANY AND VOLUNTARILY EXECUTES "INDEMNITY BOND" OF2 LAKHS AS WELL AS "EMPLOYMENT AGREEMENT" (BOTH NOTARIZED)TO WORK FOR 2 YEARS.AFTER ONE YEAR, ONCE HE RECEIVED ANNUAL BONUS, HE ABANDONED THE JOB ON THE PRETEXT HE WAS NOT WELL.ON RECEIVING A COMPANY NOTICE HE SENT IN HIS RESIGNATION SAYING THAT WORK CONDITIONS WERE NOT COMFORTABLE.HE WAS SUPPOSED TO WORK FOR TWO YEARS OR PAY THE INDEMNIFIED AMOUNT. UNDER WHAT PROVISIONS OF LAW HE CAN BE SUED FOR THE RECOVERY OF INDEMNIFIED AMOUNT.?. WHAT ARE OTHER REMEDIES WITH THE EMPLOYER.?
Anonymous
05 August 2011 at 17:18
Sir,
Please tell me the standard salary structure as per law percent wise
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Eps 1995-rulle 10(2)-2 yrs weightage
As per Para 10 (2) of EPS 1995, “In the case of the member who superannuates on attaining the age of 58 years, and/or who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years”.
However, in case of Employees who fulfill the condition of retiring on superannuation, after attaining the age of 58 years, the RPFC of Andhra Pradesh has NOT been adding 2 years weightage to the Pensionable Service.
Please enlighten me the possible causes for denying the Benefit provided in the EPS 1995 and advise how I could get it