Narasimha Murthy
23 November 2010 at 20:16
Sir,
Could you please confirm the maximum hours the employee can work in a day/number of days a employee can work continiously without a off in a BPO industry and how many hours an employee can work overtime.
please cc to murthy333@gmail.com
Thanks & Regards,
Murthy
vijay
23 November 2010 at 17:34
Hi,
I worked for a reputed software company in Hyderabad, Andhra Pradesh . To continue my service, i was requested by the management to produce a fitness medical certificate from the company appointed doctor. Was given 30 days medical leave and after 30 days, my service was terminated through email notification on the basis of not providing the requested medical certificate. It's almost 19 months since the incident and would like to know whether i can re-claim my job by providing the requested medical certificate after 19 months ? Can the company reject my job re-claim on the basis of interruption of service as per Industries Disputes Act ?
Thanks,
Vijay
Yogesh Sachdeva
23 November 2010 at 16:32
Is gratuity payable by the previous employer/ current employer when an employee is transferred from one organisation to another organisation in accordance with his/ her terms of employment. Though the organisations may belong to the same group, they in fact are separate entities.
If the answer to above is yes, the gratuity will be payable by whom, the previous employer/ current employer?
Anonymous
23 November 2010 at 16:07
Dear experts
We have following queries. We will be grateful to you if you give us some guidance.
We are managing a private school situated in Mehsana district , Gujarat. and it is going to get CBSE affiliation.
According to CBSE by -laws school should pay salary at least same as paid by the government schools.
Govt. schools are paying according to the sixth pay commission in which different pay bands are mentioned.
1.How to find out the minimum basic which the schools is required to give to pre primary, primary, secondary and higher secondary teachers and the principal according to the sixth pay commission?
2.What percentage of DA & HRA should be given?
Bhumit Trivedi
23 November 2010 at 15:43
Dear expert
I have following questions:
1. Is ESI act applicable for private (k12) schools? Our school is situated at Mehsana, Gujarat and it is going to get CBSE affiliation. Will the ESI be compulsory for us?
2. Is it correct that the Maternity Benefit act is not applicable when ESI is applicable?
If yes than will it be beneficial for the school management as employer to enroll for ESI voluntarily?
3. How is the system of payment during the maternity leaves?
Should the woman employee be given regular payment during her maternity leaves or the company could reimburse the salary after she returns from the maternity leave?
Legal Wizard
22 November 2010 at 17:17
Sir,
Can Temporary Status Mazdoor file a case before Central Administrative Tribunal.
sh chatt
22 November 2010 at 17:07
My company is new company MNC EPC in power generation. Until recently they didn't had much of rules and regulations for their Indian employees. Recently the HR manager gave me a mail on 15-11-2010 which is "Please be informed that Privilege leaves will be provided as per the Standing Order act after completion of 240 days. As the leaves availed by you has not been deducted from your October month salary. The same will be deducted from nov's salary and this amount will get adjusted to the same deduction." So my question is can the company implement such rules from back date? and if the same rule is applicable for managerial level also?
ASHISH JOHN
22 November 2010 at 17:07
Res sir/madan,
my mother had been susspende for 10 years since 1985 by making false charges like absent in duty.and in 1999 she reinstated by giving reson loosing of enquiry /charges book.without giving proper reason an promotion of 10 years
my mohter didn't go for job and always applied for actual post of staff nurse as she had GNT DIPLOM was appointed as health visitor lower post that she must not have had during all these she dismissed in year 2006. without clearing any sum/pansion/fund or a pai
please assisst me what should i do, we will have to go for lok adalat
or can we go for court case
Govindarajan
22 November 2010 at 12:29
What is the Salary definition under PF ACT. If any employee hetting salary more than RS.6500 then are they covered under PF ACT ? . For people getting salary less than Rs. 6500 ( For example - Basic 3000 , HRA 2500 and Conveyance 500 ) Whether PF contribution 12 % is on basic or on total amount of Rs. 6000 . Please clarify
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Ex Gratia payment
hello experts,
i have put this problem over this forum before but have not got any interest from the members side though i am putting the entire details of it,
jacob sir has solely answered me mentioning a section of Industrial Disputes act 1947, but sir i want few more cases in support of the stand that an Ex Gratia payment can be faught for,
now i am putting it here hoping your valuable suggestions,
friends plz have details of the case below.........
"A friend (in fact a senior person) of mine worked with a 55 year old company at senior level & resigned on 20-04-2010. When He asked his company for the Bonus for the yeat 2009-10, he got refused & told that he is not eligible. He has worked for total 15 years in that organisation.
If such is a case then how all these years he used to get Bonus, because his salary was always above Rs.10000 pm from date of joining. Is there a clause in Bonus act that Bonus is not payable to employees who have resigned ."
sir i think he was not eligible for the payment of the bonus from the date he joined the organisation,
but he was being paid in the name of the bonus which we generally call an Ex Gratia payment,
sir, it is very true that an Ex Gratia payment is sweet will of the organisation and generally can not be pleaded against in case of "not payment" of it (but from the begining as far as i know),
"but in a comment over a section of the PoB Act 1965 i have read that an Ex Gratia payment can not be denied if it has been being paid for past several years"
i am putting this page from the act itself for refernce........
"" 8. Eligibility for bonus.-Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year.
COMMENTS
(i) Workers, who have option to attend to work at the factory premises, are entitled to bonus. [M/s. Kale Khan Mohd. Hanif v. Jhansi Bidi Mazdoor Union 1980 Lab. I.C. 1973].
(ii) Season workers who have worked for not less than 30 working days, are entitled to bonus. U.K. Ginning & Pressing Factory v. P.O., 2nd Labour Court and Ors., (1991) 62F.L.R. 207 {Born.)].
(iii) Eligibility for bonus depends upon the employee having worked for at least 30 working days in the year.
(iv) There can be no condition against the statute. [Dewan's Modern Breweries Ltd. v. Industrial Tribunal & Ors., 1973 Lab.I.C. 129 (J&K)].
(v) The employees at the Head Office are entitled to bonus at the same rate at which the workers of factory have been given by virtue of settlement. [Hindustan Construction Co. Ltd. v. G.K. Potankar & Anr., A.I.R. 1976 S.C.907].
(vi) Employees working on part-time basis are eligible for bonus. [Arun Mills Ltd. v. Dr. Chandra Parshad C. Trivedi, (1976) 32F.L.R. 323].
(vii) A probationer is eligible for bonus. [Bank of Madura Ltd. v. Bank of Madura Employees' Union. 1970 Lab. I.C. 1215].
(viii) Every employee is entitled to bonus. [Mahabir Tiles Work v. Union of India, A.I.R. 1968 Ker. 143].
9. Disqualification for bonus.- Notwithstanding anything contained in this Act, an employee shall be disqualified from receiving bonus under this Act, if he is dismissed from service for-
(a) fraud; or
(b) riotous or violent behavior while on the premises of the establishment; or
(c) theft, misappropriation or sabotage of any property of the establishment.
COMMENTS
Bonus can be forfeited under section 9 only with reference to accounting year in which the employee committed fraud, theft, etc. [Himalaya Drug Co. v. P.O., 2nd Addl. Labour Court & Ors., (1986) 52F.L.R. 704].
1[10. Payment of minimum bonus.-Subject to the other provisions of this Act, every employer shall be bound to pay to every employee in respect of the accounting year commencing on any day in the year 1979 and in respect of every subsequent accounting year, a minimum bonus which shall be 8.33 percent of the salary or wage earned by the employee during the accounting year or one hundred rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year:
Provided that where an employee has not completed fifteen years of age at the beginning of the accounting year, the provisions of this section shall have effect in relation to such employee as if for the words "one hundred rupees", the words "sixty rupees" were substituted.
COMMENTS
(i) Ex-gratia bonus is not a bonus within the meaning of section 10 of the Act. [R.P.C. Officers' Association v. R.F.C. and Ors., 1990 L.L.R 222 (Raj.)].
(ii) If employees have been getting ex-gratia bonus for last many a years, its payment cannot be stopped. [ibid.]
Claim for the minimum bonus lies to the Labour Court under section 33C(2) of the Industrial Disputes Act, 1947. [Kohinoor Tobacco Productions Ltd. v. P.0., 2nd Labour Court, 1986 Lab. I.C. 1055 (Bom.)]. ""
sir please see the II coment above and answer kindly at least the question
"should the concerned proceed for legal steps.......... "
with thanks and regards
shivendra