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Rishab   10 August 2010 at 11:52

employees covered under epf and esi?

Whether Foreign Expats and contract employees are included in the count of twenty employees required for coverage of an establishment under Employees Provident Fund Act and Employee State Insurance Act ?

Santanu Banerjee   10 August 2010 at 11:17

Notice period during probation

In my Agreement letter during joining it has been written as in case the Company wishes to terminate you during notice period, it can be done without any notice period from company side whereas the employer has to give 1 month notice period in case of leaving the organization.

Please advise whether it is valid or not and what is being said by the Law of the Land in this issue.

Anonymous   10 August 2010 at 07:22

duty and off voilation of basic rights where to appel

Dear Sir,i am a govt employee group c .
i was ordered orally to attend duty on Sundays and public holidays. as i am hospital employee a obeyed order our hospital working hours are 8am to 2 am Monday to Friday 8 to 2 on Saturday and 8 to 10 on Sunday i was not offered any leave or off in 30 working days .neither i asked for .
if i write a letter compensatory off is offered only for two hours that too from 12 to 2 p.m. my question is govt rule says one should get minimum one day leave in a week many govt employees enjoy two days holiday in same hospital. many gets one full day holiday where as i am denied even one day holiday .if i ask for written orders administration says obey the orders.oral orders are enough.but same administration does not grant me off orally.my attendance is signed for full month without taking holidays my post is single employee post so no union to help me please guide me providing suitable acts and your guidance is most welcome thanking you

Thyagarajan   09 August 2010 at 21:52

RTI Act

Can any member advise me whether in Tamilnadu public/private organisations are collecting fees for first appeal under RTI Act 2005

JAGADEESH   09 August 2010 at 13:06

PF contribution

Respected Seniors,

Pls clarify the below mentioned query...

Principal employer registred under Labour department and he is contribution pf for his 200 regular employees. He has engaged 4 sub contractors and they are having each 5 contract labour.

Principal employer asking their contractors to submit their contract labour PF challans but contractors replied that we have only 5 contract labour, so that we have not been alloted PF Code from PF Office.

In the above situation, what is the roll of principal employer.

Kindly clarify me...

Regards,

Jagadeesh

Chandan Garg   09 August 2010 at 10:50

Bill for contract workers

Please tell , a company has employees in whcih there are some workers who are on contract basis..we pay them salary .. my question is can we ask for bill from them .. if so then what will be the format for same....
thanks

ARUN KUMAR VERMA   08 August 2010 at 16:15

SEALED COVER PROMOTIONS AGAINST VIGILENCE/CRIMINAL CASE

MY BROTHER IS WORKING IN GOVT. INSURANCE CO. AS ASSISTANT MANAGER AT DELHI.HE WAS POSTED AT GHAZIABAD IN 1996 AS BRANCH MANAGER TILL 2001 WHEN HE WAS REMOVED FROM THE SAID POST DUE TO SOME VIGILENCE CASE IN 1998 ,WITHOUT ISSUING ANY CHARGE SHEET BY THE DEPT.AFTER THAT HIS MEAGER CASE WAS REFERRED TO CBI IN 2003.AFTER GIVING CASE TO CBI DEPT. ISSUED A CHARGESHEET FRAMING 03 INSURANCE RELATED CHARGES AGAINST HIM,A INTERNAL DEPARTMENAL INQUIRY WAS CONSTITUTED AGAINST HIM.AFTER THE INQUIRY WAS COMPLETED, AS NONE OF THE 03(FALSE)CHARGES WEERE PROVED AGAINST HIM.THE THEN GENERAL MANAGER RECOMMENDED FOR HIS EXONERATION TO CBI.
BUT UNFORTUNATELY,THE THEN Dy. MANAGER (DICPLINERY AUTHORITY) IMPOSED A PENALTY OF AN PERMANENT REDUCTION BY ONE INCREAMENT IN HIS PRESENT SALARY IN 2008.IT IS IRONIC & SURPRISSING THAT ON THE ONE HAND THE G.M. IS RECOMMENDING FOR EXONERATION & ON THE OTHER HAND Dy.G.M. IMPOSING A PENALTY.
SINCE THEN MY BROTHER HAS SUCCESSFULLY PASSED THE PROMOTIONAL EXAMS THRICE IN 2008, 09 & 2010 RESPECTIVELY AS HE IS SENIORMOST IN THE PRESENT CADRE BUT DUE TO CASE IN CBI. HE HAD NOT BEEN PROMOTED.
MY QUERIES ARE AS FOLLOWS:
01. CAN A PERSON'S CASE BE DIRECTLY HANDED OVER TO EXTERNAL AGENCIES WITHOUT ANY INTERNAL INQUIRY OR WITHOUT BEING ISSUED ANY CHARGESHEET?
02. CAN A PERSON BE PUNISHED FOR TWO TIMES FOR A SINGLE CRIME?
03. WHAT IS THE SEALED COVER PROCEDURE IN PRAOMOTIONS?
04. WILL MY BROTHER GET THE PROMOTION FROM BACK DATE IF EXONERATED BY HONOURABLE COURT?
I WILL BE HIGHLY OBLIZED TO ALL OF YOU, AS MY BROTHER IS AT THE SAME POST FOR THE LAST 16 YEARS WITHOUT COMMITIN G ANY CRIME.
THANK YOU……….PLEASE ADVICE.
ARUN

Anonymous   08 August 2010 at 11:02

Lower & higher limit of deduction of PF

What is the lower & higher limits of PF deductions to an employee?
Thanking in advance.

VIJAY K. TEOTIA   07 August 2010 at 09:08

Termination

A person designated Dy Manager and looking after marketing function of a liquor company. his services are terminated on account of non performance, without giving notice period. he remained appx 4.5 years with company. what remedy is available to employee. can he be deemed a workmen to get relief from labour court. or will it be a contractual dispute to claim all dues. can he get back job.
what protection is available to employer.

HARIHARAN KRISHNAMURTHY   06 August 2010 at 13:58

Labour and service related

Background :
The contract of employment has a clause which states that both the parties should serve a notice period of 30 days . It also states, that the employer has the option of sending the employee earlier by paying salary in lieu of notice.

Facts : The employee has given a notice to the employer by stating that he should be relieved " on or before" a particular date which is exactly 30 days from the resignation date.

The employer has however relieved him earlier by 8 days.

Can the employee claim the "salary in lieu of notice" clause and ask the employer to pay the same.

the critical thing is about the usage of the word " on or before " in the resignatino letter of the employee. Although the employee has used the word " on or before" he has mentioned the date which is exactly 30 days from the resignation date.

Can he claim the "salary in lieu of notice" benefit.

Are there any case laws supporting such a claim?

Thanks in advance,