sachin agarwal
05 February 2017 at 22:54
When a trainee is imparted for the purpose of training only for upgrading his skill and not to do any work for the gains of the employer and by the employer any amount paid to him attracting him to attend coaching classes cannot be treated as wages for the purpose of provident fund contribution under the definition's of the act, 1952 and an amount paid to a trainee is incentive and not wages for the purpose of PF contribution and if the purpose of that amount to pay to the trainee is only to attract the trainee for upgrading his skill.
In the absence of payment of wages to a person employed by an employer, the relationship of an employer- employee would not come into existence for the purpose of provident fund contribution.
It is clear that only when an amount is paid to an employee and same is qualified as wages under section 2(4) of the act, 1952 would attract the PF contribution and not otherwise.
In a one hand the labour laws, shall not apply to any apprenticed and in other hand, it trainee undergoing apprentice under the apprentice act, 1961 or under the standing orders of such establishment shall be a trainee and not a worker to be covered under the act, 1952. Although it is very clear under the law that as per section 2(f) of the act, 1952 that any person engaged as an apprentice, or trainee not being an apprentice under the apprentice act, 1961 or under the standing order of the establishment, is an employee to be covered under the act, 1952 for the contribution of provident fund.
sachin agarwal
05 February 2017 at 22:20
Appellate Tribunal can not pass a conditional order on application for stay under section 14B and 7Q of the EPF Act, 1952 (Delhi High Court)
sachin agarwal
05 February 2017 at 22:15
can a restoration application after the prescribed period of limitation as prescribed under law if yes under which provision and Judgments and if not than what next remedy available to the appellant to seek justice.
Surendra jain
04 February 2017 at 18:06
Sir I worked at Sahara India but I resigned on dated 18/02/2016 company release my PF but not release gratuity till date.
2) my salary is already release by company but local branch not paid my salary due to fund problem.
So what I do
Surendra Jain
Mumbai
chandra
03 February 2017 at 11:53
I am into the 2nd month of training in a Group A service. The appointment letter doesnt mention any notice period during probation period. I need clarification on the issue: Whether a notice period is applicable during the probation period?
Anonymous
03 February 2017 at 07:39
Dear Sir,
The facts are as below:
University where I have been employed is deducting 10% of security deposits from the salary of employees on consolidated pay of one year. In the contract the clause says that the security deposit shall be given back to employees on successful completion of term of contract. However it doesn't speak whether the employees are eligible to get the amount back if in case they resigns before the term gets over. I want to know the following things, requesting you to please let me know it,:
1. Whether Universities can do this ? Especially when it is a statutory university established by government?
2. Whether the innocent employee who has resigned after 7 months of job, whose security deposit is deducted by the university, has no way of getting it back ?
3. Please name Laws pertaining to such deduction of amount from employees.
Thanks in advance.
Anonymous
02 February 2017 at 23:11
Sir,
I'm working in central group- A Service and after a promotion now I'm in grade pay of 6600 (6th CPC)...
I've been selected in provincial civil services of UP and the post I'm selected for carries grade pay of 4800.
I took valid NOC. On the application of forms from the department at all stages of the exams.
I'm now concerned as im getting conflicting views whether I'll be getting pay protection on switching from central to state service...
Kindly help as it its a very pressing issue for Me
Warm regards,
Tee
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Employees transfer from one branch to other
Dear Experts/seniors
i am HR manager need your valuable input as to transfer of employees from one branch to other branch....1) can we transfer the employees by way of putting clause of transfer in appointment letter in respect of business exigency....2) however after signing appointment letter accepting the clause to be transfer if employee refuse to be transfer then in this scenario can we ask the employee to resign....and if employee put the resignation then will i have to pay him retrenchment compensation u/s 25F of ID act. 1947.
also clarify :- in case if employee denied to be transfer also not agreeing to resign then can we terminate him on the ground of voilation of service agreement?
please share your valuable inputs
Thanks In Advance
Aparna Gupta