sushil khemka
16 June 2011 at 19:28
sir,we have setup a industries in bihar under public limited company and we were under provident fund and paying as provident fund and closed in 2007 but in 2006 we have started one more manufacturing unit under same company but in our second unit we were not covered under PF ACT because man power is below 20 person and came under provident fund act in 2008 becouse lmanpower increased from 20 person.My question is that department is now saying that company wll be covered scince starting just becouse our first unit was covered.pls advice.from 2008 we have no dues or any irregularities ,how can department ask for pf dues after 3 years from 2006 to 2008 where 80 % manpower hasbeen changed .
Rizwan Pathan
16 June 2011 at 17:11
Dear Experts,
One person is entered in our factory premises and asking regarding various products of company, effluents, preventing step for pollution control,
Now the thing is that he was coming from an NGO which work on Human Rights and under that he was coming to take information of company,
He didnot carry any identity card of his organization nither he had any letter.He bahave very reughly with us so leadibng to this we told him to call police as he was not authorized person to ask so. In reply of that he lold us that he knew the police people very well and they do not even tocuh him. Also he told that he was local person of area and in surrounding area there are lots of people nowing him, so that if he wants then using that power against us.
Now here i have some quarry that an NGO person can ask for company details without any proof under RTI act.
What steps we will able to take legally to stop this as per legal laws and standing order.
Please provide your expert opinion on abover matter.
Awsaiting for your feedback legally focused.
Thanks & regards,
Rizwan Pahan
Samieeeeye
16 June 2011 at 15:04
Case in detail
My friend joined a compnay in Dec 2009 and due to unnessary comments which he has to listen from seniors even after a fantastic performance he left the company without information in May 2010.
After an year he got summons on the address which he use to reside. Which contained
Amount against notice period not serving( 2 months salary) + relocation amount which company paid him to move + Iphone which was given to him by company + Client suffered amount= total 4 lacs
As he left from that place and now living at new place he heard all this stuff from one of his close friend and he also told as it was on his( friend) name and postman only can give it to you.
Now in his employement letter when he joined nothing was mentioned about relocation also no phone was given to him and as he worked as resourcing executive their was no bond involved from company and his client.its only mentioned that incase you leave you will have to pay 2 months basic.
I hope now it has given a clear Idea to everyone
Queries not comes is
1. Is company can take legal action after 1 year.
2. When no equipment was given how copany can claim that if required can my friend put a case against company
same goes for client suffering.
3.as he is livin at new place and summons were not accepted by currently residing person. Will any arrest is involved into it.
He is a poor champ and belong to a family who never ever faced such problem.He is under dipression after hearing this beacuse he has never harmed anyone as far as i know.
Pls suggest how he can come out of this problem.
looking forward to a reply which gives motivation to this guy.
Rizwan Pathan
16 June 2011 at 13:03
Dear Sir,
We found one of our empoyee sleeping at night on work place in that circumstances what steps should be taken against him as per standing order or modal standing order.
Thanks & regards,
Rizwan Pathan
Rizwan Pathan
16 June 2011 at 13:00
Dear Sir,
If dipute arised between empoyer and employee what is the legal procedure as per Industrial dispute act and Arbitration and concilliation act(1996)
Thanks & regards
Rizwan Pathan
shiksssssssss
16 June 2011 at 12:15
If a company is using services of contractual employees in all functions in various roles. Company has appointed employees on contractual basis and pays them consultancy fees for their services after deducting TDS.
Total no. of employees on contractual basis is 80. And 42 employees are receiving wages below Rs. 15000. The nature of work of employees is administrative, clerical, accounts, warehouses supervisor etc. and company is not deducting and contributing any PF and ESI for contractual employees even if the employees are covered under minimum limit of wages as per ESIC Act.
As per section 4 clause (a) of Labour Contract Act 1970 Contract is applicable to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour.
As per section 2 clause (i) "workman" means, any person employed, in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person -
(A) who is employed mainly in a managerial or administrative capacity; or
(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature;
Please through light on the below points:
1) do all the contractual employees cover under the definition of "workmen" or don't cover due to sub clause (B) of clause (i) of section 2
2) Is company not liable to contribute ESIC contribution for employees whose wages are less than 15000 Pm, If all the employees are covered under group Medical insurance policy of company.
3) Please explain the procedure of taking exemption
Please suggest on the following points:
1) Is company liable to get register in Contract Labour Act?
2) Is company liable to deduct PF for contractual employees?
3) Is Company liable to contribute ESIC, even if
Anonymous
16 June 2011 at 11:53
Sir,
My friend worked with a company for almost 6 months and he left the company without notice. Nothing happened for an yr and after an year he got a summon sent by that compnay that with a penality of 4 lacs.company has claimed for notoce period 2 months/ Relocation expenses that candidate has taken and amount which their client had suffured)
Nothing is mentioned in his employement letter about relocation and he did not get confirmation letter and moreover he said he was into recruitment and never signed a contract with any clientand never involved in any project of any client. Kindly suggest what can happen in this case. he is very dippresssed guy.
Hope to hear from you soon
N.J. MISHRA
16 June 2011 at 09:05
PLEASE MEMBER KINLDY GUIDE ME:
EDUCATIONAL INSTITUTE AFFILIATED TO ANY UNIVERSITY IS AN INDUSTRY UNDER INDUSTRIAL DISPUTE ACT, 1947, BUT IT IS EXEMPTED AS A COMMERCIAL ESTABLISHMENT UNDER BOMBAY SHOP AND ESTABLISHMENT ACT. WHICH LAW WILL APPLY AND WHY, I AM CONFUSED. KINLDY GUIDE ME IN SOLVING MY DOUBTS
Anonymous
15 June 2011 at 23:21
Hi I was working in a nationalized bank in clerical post and then I got job in a different bank and joined there.I tendered my resignation at my 1st bank and cleared all my dues,surrendered 1 month's salary and my branch manager also forwarded it by recommending for acceptance to higher authorities. Expecting that i would be immediately relieved,i joined my new bank the very next day.Somehow The Bank authorities came to know about this and issued "show cause notice" and "charge sheet" to me how I joined a new job before getting released. They also sent letter to my new employer. Now my new employer has asked me to get my relieving letter. Its been more than 8 months but they still haven't released me and my job confirmation at my new place is pending for that.while resigning I fulfilled all the criteria for a resignation to be accepted. Please suggest How i can get released from them?
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resignation from bank
can anyone guide me under which rule(Act and clause) the employee has to surrender 1 month's salary in lieu of 1 month's notice period while resigning from clerical post of a nationalised bank?