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abhay paralikar   27 May 2011 at 16:44

Payment Of Gratuity Act

Is gratuity needs to be paid on the Special Allowance given to employees.

abhay paralikar   27 May 2011 at 16:41

Minimum Wages Act

I am working in a hotel as a Manager Personnel. I understand Rebate is provided in Minimum Wages Act on Food provided to employees. Can i know the full details please

Anonymous   27 May 2011 at 16:10

Bond

Dear Sir,

I was chnsged my job and join a new one in this job i had signed one bond i which they mentuined the word likr principle of "Need to know basis" & "Breach of trust" can u explain me the meaning of this

Also in my bond it was mentioned that if i leave my job within probation period(6 months) then i have to give my 6 months gross salary to company and ig leave after probation then it will be for to months gross salary or 2 month notice period.

In that there is one more bond regardin non-circumvention & non disclosure in which i cannot reveal compny secrets to another organization.

One morething our constitution allows us freedom of employment so why this is prevailing in our country also as per Sec27 of indian contract act(1872) people of india have right to use their potential anywhere they thinks to use no one can bound them.

Please provide your expert advide on the aforesdaid subject,

Thaning all of you,

Regards,

Rizwan Pathan

Anonymous   27 May 2011 at 16:04

Employees Compensation Act (WC Act)

Learned Experts, Can you please enlighten us on one doubt. we are a small company covered by the S&E Act and in MAH, EC Act is extended to employees of the establishment! We have covered all employees with personal accident policy for a lumpsum, premium paid by co.(employees are above ESI limit). In case of accident arising in the course of employment would the policy settlement by the insurer would suffice compensation or we haveto pay as per EC Act. If we have to pay as per EC Act, can we offset the insurance policy amount from the actual compensation payable as per the EC Act.

Anonymous   27 May 2011 at 15:24

Termination after resignation

Hi
We have an employee who caused us much damage and before we could terminate him, he sent in his resignation. Is it legal to not accept his resignation and terminate him?

Anonymous   27 May 2011 at 15:21

Employee's Pension Scheme Widow's pension

Dear Experts, The EPS Nomination provides for children pension, widows pension and for widows pension - two columns. One for nominating a member's wife's name and another, in case the member's wife is pre-deceased, to provide for any other family member. Query: Can this nominee be any person including his mother/father. Query 2: Can an unmarried person also nominate a family member for this widow pension! Query 3: Now a days, Company's have pay cycle, usually by 20th of a month and if a person joins on 20th or thereafter, his pay is paid as part of the next month's pay roll - is it sufficient compliance for PF Act. Also if the new employee in such cases dies before the 1st EPS contribution is remitted, would his widow be entitled for the pension benefit. Thanks.

Anonymous   27 May 2011 at 11:19

Termination from Company

Company Has pressurizing me to resign from service when I have not to resign he has stopped & hold my salary to create pressure for resignation I have written for the matter to the higher authority after that company has orally terminated after that . I have written a letter to DLC ( Deputy Labour Commissioner ) & copy to chairman & other higher officials.
DLC has given a matter to Labour Supreindent for an enquiry during the consolidation proceeding company has extended more for settlement but not interested to settle after that company has make a false transfer order and produced before Labour Suprendient and said that employee has not terminated he has transferred but I have proved before the L.S. that the transferred order is false and make it after termination for back date after that L.S. has advised me to file a case against company U/S 26 of Jharkhand Shops & Establishment Act 1953 ( Bihar Shops & Establishment Act ) and L.S. has filed a case U/S 28 for recover my salary which is calculated ( Month x 10 Times ) after that company has send a courier after ten months for the complain of which inside a hand bill of birla and the receiving of that courier has been produced before the DLC court that he has send a salary cheque and employee has received the cheque but not present in his bank A/C but the fact is that there is no cheque inside the courier.
I have given own witness before the DLC in court and the opposite party has given for witness before the DLC of which all are given false statement and the case has pending before last three year and after that D.L.C. has changed after the retirement of DLC new DLC has closed the case and given his judgment without hearing my side the case is not maintainable because there is no termination because the company has not issued any termination letter.
Judgment letter has attached.
The branch manager who has terminate me has resigned from the company has given print out of his email that how the company create all this termination and transfer.
He accepted his emails but deny that he had not given me that and blamed that I have hacked his email.
D.L.C. has deny this email has a proof because its an internal communication between the officials.
Pls. suggest what I have do. Judgment attached.

Anonymous   27 May 2011 at 11:17

Termination from Company

Company Has pressurizing me to resign from service when I have not to resign he has stopped & hold my salary to create pressure for resignation I have written for the matter to the higher authority after that company has orally terminated after that . I have written a letter to DLC ( Deputy Labour Commissioner ) & copy to chairman & other higher officials.
DLC has given a matter to Labour Supreindent for an enquiry during the consolidation proceeding company has extended more for settlement but not interested to settle after that company has make a false transfer order and produced before Labour Suprendient and said that employee has not terminated he has transferred but I have proved before the L.S. that the transferred order is false and make it after termination for back date after that L.S. has advised me to file a case against company U/S 26 of Jharkhand Shops & Establishment Act 1953 ( Bihar Shops & Establishment Act ) and L.S. has filed a case U/S 28 for recover my salary which is calculated ( Month x 10 Times ) after that company has send a courier after ten months for the complain of which inside a hand bill of birla and the receiving of that courier has been produced before the DLC court that he has send a salary cheque and employee has received the cheque but not present in his bank A/C but the fact is that there is no cheque inside the courier.
I have given own witness before the DLC in court and the opposite party has given for witness before the DLC of which all are given false statement and the case has pending before last three year and after that D.L.C. has changed after the retirement of DLC new DLC has closed the case and given his judgment without hearing my side the case is not maintainable because there is no termination because the company has not issued any termination letter.
Judgment letter has attached.
The branch manager who has terminate me has resigned from the company has given print out of his email that how the company create all this termination and transfer.
He accepted his emails but deny that he had not given me that and blamed that I have hacked his email.
D.L.C. has deny this email has a proof because its an internal communication between the officials.
Pls. suggest what I have do. Judgment attached.

Sarita Kamal   26 May 2011 at 23:52

Service Agreement

i joined an MNC in the month of Aug 2010.
I had to sign a service agreement which said if i leave the company within one year I will have to pay an amount of 20000/- to the company. When the agreement was signed the HR refused to give me a copy of the service agreement.
After 8 months, I resigned in mid May 2011 after serving a notice period of 1.5 months (out of 2 months).
In my Full and final settlement the amount deducted for breaking the Service agreement was shown as50000/-.
I found this absolutely shocking and requested the Service agreement for legal verification, and yet again the company refuse to give me the copy but the HR did give me the document for reading purpose.
There were certain things that i realised:

1) my signature was there only on the last page of the document while the rest of the pages that mentioned the service agreement clauses did not bear my signature.

2)till the end the HR refused to give me the copy of the doc.

Am I not suppose to get a copy of the document.

Can the initial pages of the document be tampered.

What should I do to acquire the copy of the service agreement.


Ritesh Joshi   26 May 2011 at 14:39

The Apprentices Act, 1961

1. What are the requirements / compliances under Apprentices Act for an IT company?
2. Are there any returns to be filed? Which department takes care of this internally usually? Human resources?
3. Is there a list of companies to whom the provisions of this act apply to? Does it apply to IT company?
4. Would it apply if there are only employees and subcontract personnel, which are of course given training as is a standard practice in all IT companies?
5. What compliance is to be followed in case there are no apprentices and no such agreements signed?

Kindly clarify the above, would be grateful.

Thanks in advance.

Kind regards,

RJ