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?
Anonymous
15 June 2011 at 22:32
I work in a manufacturing organization where we have 8 unions. On union called Employees union was led by a senior trade union leader. The union has built its office with the funds of the union members and the union leader use to live in the first floor of the building. Suddenly the union leader died. The union its general secretary as president of the union. slowly there are differences in the union and there was a split. One lead by the newly elected president and another by former leaders son. The former union leader son lives in the union building. He did not vacate it from this fathers death. Some Union members insisting to vacate the building and some support them not to vacate. Now the question is:
1) Which court has the jurisdiction to deal with this matter? Labour Court or the Civil Court?
2) Which union should we recognize after its split? both are representing in the same union name and registration number?
3) What action can management take?
Regards
Ganesh Kumar
vvgk99@rediffmail.com
Kumar Doab
15 June 2011 at 16:10
G is aged 38 years, and married. His wife is housewife. He has a son aged 13 years and has aged and dependant parents.
He has working experience of 19 years.
He joined Reliance Communications in Aug 2009 as Key Accounts Manager with CTC Rs. 4.20 Lac p.a. and got 3 rating in the annual appraisal. After one year, due to some family problems, he took transfer to his home town as Relationship Manager, in the same company.
He took his responsibility very seriously & helped to develop very congenial relations with the corporate in his Clusters & for the same he was declared number 1 RM PAN India basis, and was awarded certificate by the highest authorities. He even got appreciation emails from his reporting authorities.
Corporate Customers are really satisfied by his services & service delivery time.
In April, 2011, he got information from Circle office that he has been included in the list of unmapped employees (employees who have to be removed from employment). His CSD Head, and his Reporting Manager, also confirmed the same. But no one was able to explain the exact reason behind it or his fault. Everyone just stated verbally that it is due to cost cutting. All unmapped employees were informed only verbally that they have a time till 30th June, 2011.Either they should get themselves adjusted in any available position in the organization, that too with their own efforts & relations with other departments or they will have to move out of the company after 30th June, 2011.
After few days he got himself interviewed for getting into sales force, and was offered the role of a Team Leader in another Channel. He was upset since he already worked as a Team Leader at Cluster Level & has sufficient experience of team handling.
Another blow was that his CTC will be reduced from Rs. 4.40 Lac p.a. to Rs. 3.5 Lac p.a. i.e Direct reduction of approx. 40% plus after that there would be PLI which will cause up to 50% reduction.
On the one side company is issuing slogans about Employee Centricity& on the other side; Employees are facing such humiliating situations.
Moreover every Company in the market is well aware about what is happening in Reliance and the employees who try to get employment in other companies are asked the question - why you were unmapped? The unmapped employees are not getting employment.
Instead of being rewarded for the commendable performance at National Level, he is being forced to accept a lower profile & lower CTC. His bosses are justifying it by saying that he should feel lucky that Organization is giving a chance for further employment and he should take it as "SOMETHING IS BETTER THAN NOTHING".
This is just like that employee is a criminal & earlier he was sentenced to death but now he is being offered life imprisonment instead of death penalty.
Another employee joined at the same position (as that of G) at a lower CTC (and this employee was also unmapped, which implies that it is not employee but the post/designation is unmapped)
was offered to join at another location with 80% rise in CTC and employee will happily accept it.
Whereas G joined at a higher CTC, performed very well, and is being asked to join at half the CTC and that too as a fresh appointment after resigning from his original post. He is being pressurized to join at whatever is being offered after resigning from original post.
The bosses have been spared and are assigned the task of pruning the lower level employees. The boss of G resigned and position was vacant. G submitted his candidature for this post and was declined by the superiors, stating verbally many other senior employees are trying for this job.
Kindly advice what steps should be taken.
Jagmohan Rawat
15 June 2011 at 14:51
Dear Friends,
Kindly let me know whether a Pvt Ltd company which is making losses since the the 2 years of its existence is required to pay minimum bonus to the employees. It has approx. 30 employees on payroll.
Anonymous
15 June 2011 at 14:46
Hi,
Need guidance please.
A situation where employer verbally says he does not have sufficient funds to pay salary for last 3 months.
What is the action to be taken by employee in that situation.
Any way to get the dues settled immediately.
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Warning letter
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