Anonymous
04 October 2010 at 13:17
We are recruiting employees through Man Power Agency to get done our work. Thereafter We and Man Power execute the agreement to provide service to us. Based on the agreement he would raise the Invoice on monthly basis for its employees salary, accordingly we would pay him and we will ask him comply all the statutory compliance, such as ESI, PF, etc...
We will say in the agreement that Man Power employees are not employees of ours at any cost and there is no employee and employer relationship between us and Man Power Agency. Only Man Power would deploy the personnel to our work that’s it, we are Independent Contractor.
The question is that, when Man Power Agency's employees completes 5 years with them, in that case Man Power say he does not pay Gratuity to its employees. But Employees will ask for Gratuity to us.
Whether we are liable to pay Gratuity to them or not?
if yes under what provision?
detailed answer would be appreciated.
Rupesh
04 October 2010 at 12:01
Dear Experts pl. clear the following queries. it is very urgent.
1. Difference beween welfare fund & Labour cess & whose reponsibility is it.
2. Is there any ratio beween contract value & labour expenses. If we are using mechenised system in executing the work the labour componant wil be on lower side.
3. If the civil work being executed in exising factory by demolition part of it & rebuilding whether ESI & PF are to be levid
4. If ESI & PF are applicable to contractor, is taking a Workman Compensation Policy (W C ) is also to be taken & is it optional.
naveen
04 October 2010 at 10:37
Dear Sir/Madam
the query about the Minimum wages Act
what is minimum wages? whether it is Basic & DA? or the total Gross wages is the minimum wages?
whether the employee take home should be more than Minimum wages? or the Basic should be Minimum wages?
if you have any documents or court judgment copy, kindly share with me.
kindly do needful on this.
regards
Naveen 9986233920
Anonymous
04 October 2010 at 10:33
An educational institution was covered by the PF Organisation without the institution applied for the same. Please let me know whether the Provident Fund Organisation has right to claim PF contributions and penalise the organisation after 25 years. Please note that during the last 25 years there was no inspection / correspondence. Kindly advise
Prashant Soni
04 October 2010 at 10:29
Dear Sir,
I was worked with one pvt.ltd company as an accountant and i have left job on march 2010 due to bad working atmosphere i had left job without putting resignation. So my question is , is there any provision in labour law that candidate get their Bonus which is deducted from his salary during tenure of his job? Please suggest me under which section I can fight for my right of bonus as company said me they will not give me bonus.
Please help
Thanks
Prashant Soni
Anonymous
03 October 2010 at 21:04
can anyone give me a contract for contract labour that does not come under bonded labour abolition act
Anonymous
03 October 2010 at 15:16
MY CLIENT WAS AN EMPLOYEE OF A.P. GOVT. COMPANY. AS THE COMPANY IS UNDER SICK, AND NOT IN A POSITION TO PAY EVEN SALARIES, SENT THE CANDIDATE ON DEPUTATION ALONG WITH ANOTHER LADY TO ANOTHER A.P. GOVERNMENT COMPANY. DEPUTATIONISTS GOT LETTER FROM THE DEPUTATION COMPANY, THAT, YOU WILL BE GET ABSORBED IN CONSULTATION WITH GOVERNMENT OF A.P. THE LADY GOT ABSORBED, WHERE AS MY CLIENT DID NOT GET ABSORBED, AND SENT TO THE PARENT ORGANISATION WHICH WAS ALREADY CLOSED. SINCE THEN, MY CLIENT WAS ON THE ROADS, NO JOB, NO SALARY, NO RELIVING ORDERS TO GET A JOB EVEN IN PRIVATE SECTOR. APPROACHED ALL CONSERED AUTHROTIES OF A.P. GOVERNMENT, CHIEF MINISTER, GOVERNOR, CHIEF SECRETARY, AND CONCERED MINISTER OF INDUSTRIES. NO FAVOURABLE ANSWER. MY CLIENT IS SUFFERING FOR SERVIVAL FROM LAST 15 YRS. PL. INFORM ANY CASE LAW PROTECT THE CLIENT? AS HE IS STRUGGULING FOR SERVIVAL. PL. PROTECT THE CLIENT TO GET ABSORBED IMMIDIATELY AS HE IS HAVING ANOTHER 2 YRS OF SERVICE. YOU CAN CONTACT:9052659797
KRISHNA KUMAR SINGH
02 October 2010 at 22:42
This is a query regarding a lady who has served 28 years in a government job, and now is 5 years away from retirement.
3 years back, she was stopped salary when she filed a case in the Jharkhand High Court for her time based promotion.
The department of education started saying that her service was illegal and that no records ofher documents were available in the Office. They also got a letter from the Bihar State saying that the folio number which is mentioned in her appointment letter was not found in their records. The lady has her own copy of the appointment letter. She has a Service book, has served the department for 28 years now.
The department, after the Hon'ble Jharkhand High Court passed an order asking the Department of Education to pay her salary of the last 3 years which has been not paid to her, issued a termination letter to her. Her salary is still due & she has movedfor contempt.
My query is that after serving so long with a valid Appointment letter & Service Book, can she lose her job anyway?
Is there any SC Order supporting her case?
Anonymous
02 October 2010 at 16:22
Hi,
I am working as a lecturer in an Aided college in Mumbai.My Salary comes from Govt.Of Maharashtra. My college cut P.F. amount from my salary @10% on basic from April 1998.But they did not open G.P.f. account on time till 2004 for the reasons best known to them.They did not tell me about it except that my P.F. is with college and Govt.did not accept it.So they asked me to fill E.P.F. scheme 1995 form. and send my P.F. there by depositing the excess amount as per E.P.F. norm.(ie 12% on Basic+DA)from day one of my service without any actual deduction of excess amount (than 10%) from my salary.My queries are :
1)If the salary comes from Govt.of Maharashtra,Can the college cut P.F. from salary without depositing it in G.P.f.?
2)Can college claim salary from Govt. and cut and deposit P.f. in E.P.F. which is meant for private sector only?
3)How to deal with this problem legally?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Contract Labour Agreement
Request for a sample contract labour agreement for a manufacturing setup. Required Urgently!!!
Thank You
Anand