vandana
14 August 2008 at 12:31
1. Has the industrial disputes (amendment) bill, 2002 been passed and if yes, when has the change in definition of workman come into effect?
FYI-Section 2(s) defines a workman. Earlier the definition of a workman excluded any person employed in a supervisory capacity drawing wages more than Rs 1600 per month (Section 2(s)(iv)). The bill seeks to remove this ceiling on wages in the definition, thus bringing all workmen employed in a supervisory capacity under the purview of the act, regardless of their wages.
2. I’m a victim of a forced resignation and wish to file a criminal suit against the management for their unfair labour practices as u/s 2 sub-section (ra) of the Act. Kindly advise me on the procedure and forum to be approached for redressal? i.e. do I file a complaint at the labour office or at the police station or directly at the magistrate court?
FYI- FIFTH SCHEDULE - UNFAIR LABOUR PRACTICES [See section 2(ra)]
I - On the part of employers
5. To discharge or dismiss workmen - (a) by way of victimization (FORCED RESIGNATION)
Gurumourthi
13 August 2008 at 15:39
In our company as per the order the retirement age is 58 years. If the employee is given extension for another 2 years say upto 60 years, then whether he can continue as member of Provident Fund (payable both employee and employer contribution) and Gratuity.
Chandan Garg
13 August 2008 at 10:09
Please tell if in an industry ESI is applicable does that mean workman compensation act is not applicable.
shantilal k. patel
11 August 2008 at 15:22
Dear Friends,
Claim of Gratuity must be made in the
form prescribed under the Payment of
of Gratuity Act or a simple letter
from the employee to the employer for
gratuity amount will be sufficient.
In my case I caimed gruity amount sending
a simple letter in 1999 to the firm.The firm replied stating to meet the Manager of
the employer. I met the Manager but
there is no proof of my meeting. He told that the matter is under consideration and since there is a change in the constitution of the firm it will take sometime. Ultimately they told orally that it is time barred. I was thereafter, requesting for the Gratuity amount orally. Ultimately I approach the controlling authority in 2005.
After hearing me controlling authority condoned the delay and now there is a new
Ass.Commissioner who has to pass the order on marit.
My question is
Delay is condoned so the order has to
be with interest @ 10% interest. Or the
Asst Commissioner can pass order without
Interest also?
The delay was for about 7 years but it
is condoned. Whether in appeal it can be
reversed and case can be dismiss?
S.k.PATEL
shantilal k. patel
11 August 2008 at 15:20
Dear Friends,
Claim of Gratuity must be made in the
form prescribed under the Payment of
of Gratuity Act or a simple letter
from the employee to the employer for
gratuity amount will be sufficient.
In my case I caimed gruity amount sending
a simple letter in 1999 to the firm.The firm replied stating to meet the Manager of
the employer. I met the Manager but
there is no proof of my meeting. He told that the matter is under consideration and since there is a change in the constitution of the firm it will take sometime. Ultimately they told orally that it is time barred. I was thereafter, requesting for the Gratuity amount orally. Ultimately I approach the controlling authority in 2005.
After hearing me controlling authority condoned the delay and now there is a new
Ass.Commissioner who has to pass the order on marit.
My question is
Delay is condoned so the order has to
be with interest @ 10% interest. Or the
Asst Commissioner can pass order without
Interest also?
The delay was for about 7 years but it
is condoned. Whether in appeal it can be
reversed and case can be dismiss?
S.k.PATEL
puja
11 August 2008 at 14:56
a person who was the GM of a construction company died on site where the wotk is going on.
the person is earning gud amount in lakhs.
he left over his wife and a unmarried daughter.
what remedy available to the legal heirs to get more compensation besides workmen compensation Act.
any another act/law from where they got compensation (gud amount)
Gaurav Lall
11 August 2008 at 12:57
Hi,
I am employed as a Senior Software Engineer in a company for the last 21 months. I have resigned this company on 17-July-2008 and serving notice period of 1 month. But according to the Company's appointment letter clause, if an employee gets confirmed he need to serve 3 month of notice period. In that clause it is also mentioned that in case the employee do not serve for 3 month, he need to pay his gross salary amount to the period he did not served. I have 15 PL left, but this company is not ready to relieve me before 3 month. They are not ready for the buyout and they are not ready to adjust the PL. I have no pending task and still i am ready to serve 1 month notice period and buyout remaining part of it. Plz help me, for your reference i am copying the appointment letter clause below:
After completion of Probation and confirmation, you have the right to resign from your employment at any time not less than 3 month's written notice to the company. The company reserve the right to require you to not be present in its premises during such notice periods. In the event you do not provide the Company the requisite notice the company shall have the right to deduct gross salary in lieu of the requisite notice from any payments that may be then or thereafter due to you. The company also reserves the right to demand the aforementioned payment from you, in
the event there are no payments that may be then or thereafter due to you.
Regards
Gaurav
Murugesh
09 August 2008 at 15:23
Dear Sir,
I have Joined a company on Sept 2002 and till Jan 2007 I worked as full time employee and from Jan 2007 to till date I am a contract employee of the same company. I received my salary from the same company from Sept 2002 to till date. Also My EPF has been deducted and deposited by the same company till date.
Please inform me that 'am I eligible for claim Gratuity from the Employer '?
advocate satya
08 August 2008 at 13:47
sir
one person was working at an office and his provident fund had been duly deducted from the salary slip, however the company has not provided the p.f number at the salary slip, when the employee left the company he asked the employer to provide the p.f number but the company has not turned up , a legal notice has also been sent to the employer and the p.f commissioner but the employee got no reply.my question is
can tne consumer file a complaint before the consumer or state commission and what compensasion can be demanded or any othe suggestion from experts?
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minimum wages act
Sir
I am in need of minimum wages act,plz provide if possible...Thanks
Regards
Vinod Bansal advocate