Anonymous
28 January 2011 at 22:42
Can Consent orders be passed only after a criminal case is filed by SEBI, or does it be passed at any stage ?
Isaac Gabriel
28 January 2011 at 19:07
A dismissed employee got back his job after 7 years pursuant to labour court order with continuity of service but without back wages.The management fixed his salary on rejoining with increments for 7 years and drawing the same for the past 3 years.Now his salary has been refixed by the Registrar cancelling the 7 increments without any notice.The writ petition against this was disposed with instruction to seek other remedies,since the cooperatives are not covered by writ jurisdiction.What is the remedy available.
Anonymous
28 January 2011 at 17:58
I was working for a BPO in Mumbai for 8 years and 3 months. I went on a leave for exams who was already approved.HR called me to give me a letter stating that my post that i was holding is no longer required by the company, hence my services will be terminated effective today.
They are giving a months severance.
They did not give me a months notice nor are they offering any other job in the company which they did for so many people.
Please advise if this is right or we can sue the company for not giving a notice period.
ash
28 January 2011 at 17:19
can any one please upload the new laws of SUPREME COURT about CONTRACT LABOUR , PAY SCALES , EQUAL PAY FOR EQUAL WORK, PROBATION AND CONFIRMATION , TEMPORARY APPOINTMENT UPDATED ON 8-07-2010
manoj
28 January 2011 at 13:24
what was the employees provident fund contribution rates of year 1974-75
Deepali N
28 January 2011 at 12:59
Respected Sir,
I have completed 4 years & 325 days in fifth year in my previous company. i did not claim my gratuity as was under impression that i am not eligible since i havent completed 5 full years. Kindly advise if i can claim gratuity on above grounds of my service completion. is there any supporting required to be given to my employer. Also pls advise if any grounds based on which my employer can deny paying me Gratuity. thank you in anticipation.
shaji
27 January 2011 at 21:22
I would like to know Fixation of Pay for Short Commissioned Officer
I Bindu M.G., Ex-Lieut, short service commissioned officer, had raised my application of “Fixation of pay” after successful completion of 2 year probation period in central government organization.
Being a short service commissioned officer and serving the country for 5 years, till date(more than 6 years I am working with central governemtn organisation) I am not in receipt of “Fixation of Pay” privilege.
I would like know to should I need to PAY BACK the Gratutity Amount received from Military service for fixation of pay ?
How this Fixation of Pay is calculated ?
Where should I apporach for fixation of pay as my current employer is not ready to process this ?
As I am earning contributing pension, I am not interested in counting my service for pension purpose. I just need to fixation of pay then also I need to pay back grautity amount ?
Anonymous
27 January 2011 at 16:51
Some 85 workers of the company filed a case of recovery in labour court on closure of the company. The company was a sick company and reached a settlement at the around 25 % of total demand in the court. the workers present on the day of settlement in the court and representative of Management signed and their advocates signed the settlement in the court. Accordingly 65 workers accepted the payment as per the settlement. However, 20 workers did not accept the payment and filed a separate suit for recovery in same labour court.
The Query: whether some workers about 20% of total strength of workmen can file such application when majority of workers have accepted the settlement ? in fact they were part of the original suit.
I hv read some yrs back that Supreme Court has ruled that when such settlement is signed in court and majority (more than 75%) of workers have accepted the same, the remaining workers have to accept that settlement.
Pl throw light on the above siting any case law, more particulary from HC or SC to decide in the matter
Shailendra
27 January 2011 at 16:21
Dear all,
Can anyone contribute by pointing out, if there is any provision under the various Labour Laws and Regulations, to serve a "cease and desist notice" to the employees/workmen of a Union. In what circumstances can such a notice be issued and what should be the contents of the notice?
Immediate reply greatly appreciated.
Thanking you in advance.
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Service Conditions, Notice Period and Leaves Admissible in Notice Period
I am an Assistant Professor in permanent capacity in a deemed to be University. The University receives grant from UGC for its several departments. When I was appointed 7 years back in this University, my appointment letter mentioned that the notice period for the permanent employees would be three months which might be bought by depositing three months salary. Here, by salary they mean Basic + DA.
Suddenly, when they responded to sixth pay commission, they changed the service conditions, increment schemes, salary structure drastically. Mind, this change was not at all at any place compatible with the sixth pay commission. Salaries were only restructured and not increased in general. Very few people got increased salaries. Unlike previously, increments were also not guaranteed anymore.
Not only this, they have made an almost impossible to achieve performance metric basis of increments; it was not at all possible to perform for a ‘not super human’ according to that metric to get even 3% annual increment. The rules for this performance metric were not yet fully framed; they were at best incomplete and full of flaws. Even the application of these rules was not proper and they were used to decide the increments. In fact I doubt if the increments given are according to even the declared policy.
Employees are now forbidden to discuss their salary to anybody and this would be considered a major offence.
After doing all this they, further, enhanced the notice period of permanent employees to six months. According to new rules – “Employee has to serve a six months notice period or up to the end of the semester whichever is later. Employee must serve the notice period and is not allowed to buy notice period. However, if University wants, it may either give the employee a six months notice or six months’ salary or a mix of it. If Vice Chancellor wants, he may increase or decrease notice period of any employee at his will.” They conveyed it through an office order and no consent from my side was given nor was it sought.
Now my questions are-
1. Can an employer, without the consent of an employee, change his service conditions so drastically unilaterally without his consent?
2. Isn’t the whole picture is inhuman? Isn’t it exploitation?
3. Is it challengeable in court?
4. What if I get a good job and want to go out of this hell but the six months notice period comes in between. Can I insist on original clause of my appointment that was three months notice or salary?
5. Is it proper and allowed to ask Basic +DA as salary to be deposited for buying notice period; as per my knowledge it is only Basic most of the places.
6. Can the VC relieve me somewhere between the notice period if I give six months notice to save salary of summer vacations without my consent?
7. What are my rights in this regard? This university has ruined my carrier and is continuously doing so. What can I do if they do not give me relieving certificate if I leave before the completion of six months notice period?
8. What leaves are admissible in notice period?
I don't know whether the deemed universities are permitted to frame statutory rules with regard to alteration of pay structure violating the contract of employment without employees' consent in writing.
Moreover, In October end of previous year, an office notice was circulated, informing about proposal of abovesaid changes. Everybody signed it as there was no choice; it was informative and the consent was not sought. I also signed writing a word 'seen' against it. Later in February this year they circulated office order saying that these are new service conditions now. Where can I find if University has right to make such changes without my consent? Please also look at Q. no. 5 and 8 of the previous question and if possible Q6 also. In Q8 by 'what leaves' I mean what type of leaves like - Earned, Casual, Medical, etc.