Sonu Goyal
08 May 2016 at 17:09
Sir. My wife was working in session court hoshiarpur punjab as clerk on adhoc basis and joined on 18 august 2013. At joining time she was pregnant about 4 month. After that she fot maternity leave from January 15 to 15 march 2014 she joined her duty after maternity leave on 16 march 2014during this the department have not released her salary.can we get the salary of the said period od maternity leave.if yes then how. Please help me
Sonu Goyal
08 May 2016 at 16:51
Sir i am working in consumer forum as a clerk. I have been transferred to other district while my wife is workinf at same station where is was working. I have a littel child . My mother is about 65 years and my father has been expored. Iur head has been transferred me because i filed a r.t.i application regarding recruitment in other dorum where my was going to be selected but on that post they have appointed their own person without transparent recruitment. We comes under punjab civil services rules will u help me wether i would be come back on my earlier station or not. Can i get stay on this order. Please help me
Anonymous
07 May 2016 at 00:13
I was hired by Heritage Desk solutions Pvt Ltd as content writer on 29th March. From the day one they forced me to do something else, like web designing, PR and Marketing. I did to save my job, but on 28th April my boss called me and said we need someone to handle marketing and PR and I told her to hire someone. She said no you do it, I said I'll do it but my priority would be content writing as I was hired for content and my profilr is of a content writer. She said find another job an don't come from tomorrow. I have worked 10,12 hours daily for 8 hours job and sometimes 14,16 hours. Why should I do now? I haven't got my salary yet.
Nishant Singh
06 May 2016 at 23:34
Hi, I was hired by Heritage Desk solutions Pvt Ltd as content writer on 29th March. From the day one they forced me to do something else, like web designing, PR and Marketing. I did to save my job, but on 28th April my boss called me and said we need someone to handle marketing and PR and I told her to hire someone. She said no you do it, I said I'll do it but my priority would be content writing as I was hired for content and my profilr is of a content writer. She said find another job an don't come from tomorrow. I have worked 10,12 hours daily for 8 hours job and sometimes 14,16 hours. Why should I do now? I haven't got my salary yet.
Thrivikram
06 May 2016 at 11:56
Hi Sir/Madam,
I am Thrivikram and this is a case of my wife. She joined an MNC in 2015 after she signed a deed of indemnity of 2 years. She worked for about 9 months after which she had to take a leave for one month as I was down on bed due to bad health.We started off with treatment but was not getting any better. We had to consult many doctors to exactly know what was wrong. It was finally diagnosed as tuberculosis. By then her one months leave was over. As my health condition was getting even worse she requested for leave extension and also submitted all the available medical documents. They did not agree for extending the leave and asked her to report to duties immediately. She couldn't do that. They sent show cause notices to which she responded again with the documents available and tried to explain on call her pathetic situation. But was of no use. They sent her termination letter and marked her as absconding in their databases. Mean while I was further diagnosed with cancer. Initial diagnosis of tuberculosis was wrong. We started off with chemotherapy treatments immediately. Now as we suffer through these tough days my wife needs to find a job to afford my treatment as well as to keep the family running. To get a new job she needs a relieving letter from her previous employer. But they are not ready to give her that letter. What do we do?
Sarath kumar
05 May 2016 at 22:16
An employee after resigning a company, what are the documents a company should provide to that employee. If a company is not providing any "letter of acceptance" to his resignation or email confirmation regarding his resignation to an employee, what that employee should do? A HR in a company orally tells to relieve the company without any written words through mail or letter, what an employee can do?
Nandhakumar K A
05 May 2016 at 10:16
Dear Sir/s
The monthly wages of few of the contract workers stands exceeded Rs.15000/per month and come out of the ambit of ESI Act. I solicit you learnt opinion as to the scope of filing a Writ before the Hon'ble High Court seeking a direction to ESI Corporation to extend voluntary coverage under the ESI Scheme for these contract workers premising on the following grounds, by return mail:
· That the ESI Act, being a welfare legislation envisaging comprehensive Social Security Scheme, is socially protecting the 'employees'. The basic objective of the statute is to provide certain benefits in the event of sickness, maternity and employment injury to workmen (and their dependents) employed in Factories and other establishments come under its ambit.
· That once a factory or an Establishment is covered under the Act, it continues to be covered notwithstanding the fact that the number of persons/ coverable employees employed therein at any time falls below the required limit or there is a change in the manufacturing activity.
· That an employee who crosses the ceiling limit prescribed by the Central Government (Rs.15000/) in any month at any time after commencement of the contribution period, he/she would continue to be an employee till the end of that contribution period. Though there is a ceiling limit of wages for coverage of an employee, there is no ceiling limit in the definition of wages for payment of contribution. Hence, contribution is payable on the total wages without any ceiling limit.
· That there is no rationality or justification in denying coverage thereby depriving the benefits envisaged under the Act to the employees merely because of their wages getting exceeded by even 1 rupee from the existing ceiling fixed at Rs. 15000 under the definition of employee under Section 9 of the ESI Act.
· That the deprivation of the benefits to the workmen on the above sole ground (wages) defeats the very objective of a welfare statute.
· That the clause stipulating quantum of wages for coverage is not a prohibitory clause, rather, only a restrictive clause.
· That in the instant case, neither the employer nor the employee have any objection whatsoever as to the voluntary coverage of contract workers whose wages exceeded Rs. 15000.
· That it is high time to enhance the the wage ceiling for coverage, which now stands at Rs.15000/, taking in to consideration of the present day reality, though the matter is still pending with the Central Govt.
· That the term 'exempted employee' defined under Sec 10 of the ESI Act merely denotes an employee who is not liable to pay the employee contributions. The exemption limit with effect from 01.07.2011 is Rs. 100/per day. However, employer's contribution is payable on these wages.
· That there is an inherent provision in the Employees Provident Fund and Miscellaneous Provision Act 1942, which is also a welfare statute, for the voluntary coverage of employees whose basic wages exceeded the prescribed limit by moving a joint application by the employer and employee.
· That the Govt. of India have already initiated a move to expand the coverage of beneficiaries under the ESI Act even extending the benefits under the statute to autorikshaw drivers with an annual contribution of Rs. 3000 from their side.
Reference on Case laws, if any, in the matter, would be highly appreciated.
Regards
Nandhakumar K A
JAGADEESH
04 May 2016 at 09:08
Respected All,
Request you to clarify me "What is the Upper age limit for engaging contract Workmen" in manufacturing industry. Ours is a Public sector under taking, I have gone through entire Contract Labour R&A act, 1970 but it has not speks about Upper age limit. In our company above 60 years workmen are working as a contract workmen, how to prevent them for engaging at work, they must take the retired life? They can claim for Pension under EPF?
Kindly suggest? Which law speaks about this matter?
Regards,
Jagadeesh
Anshuman
04 May 2016 at 00:33
Dear Sir
I am from Gurgaon India.
In past i worked in three companies(i am naming as X1-First,X2 etc, Y is my current company), I need experience letter from all my ex company then i send request to all Ex-comp. i got letter from X1(first) and x3(last) but X2(located in gurgaon) is not issuing this letter, they are saying i have already issue relieving letter when you left and this is the only format for experience letter, i was requesting experience letter with skills. I send mail to CEO he is stating that this is HR's job they will take care please dont send me mail and HR is neither issuing nor replying.
I want to know what is the correct way to get required letter, i have relieving letter payslips, all the mail chain.
Please advice
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Salary during maternity period
Sir. My wife was working in session court hoshiarpur punjab as clerk on adhoc basis and joined on 18 august 2013. At joining time she was pregnant about 4 month. After that she got maternity leave from January 15 to 15 march 2014 she joined her duty after maternity leave on 16 march 2014during this the department have not released her salary.can we get the salary of the said period od maternity leave.if yes then how. Please help me. We hive application for credit the salary of same period but nor reponse have been received.