In view of the specific circular by the Labour Department mandating paid holiday for employees (other than exempted establishment/industry), can any establishment, within the Airport ask employees to work. While Airport is exempted, will a commercial establishment, say a cosmetics sales counter operate with
an employee without providing him leave
S Kumar
14 October 2014 at 19:33
Dear experts
Before 1984 when 17B was enacted High Courts and Apex Court were giving interim reliefs under article 226 to industrial workman.
Between the period 1984 to 2000 on illegal termination cases usually reinstatement was the trend and on stay application of management last drawn wages were given u/s 17B to workman.
Now days Labour Courts are giving more compensation awards instead of reinstatement.
NOw my question to experts is that in such situation of compensation award if management goes for stay by their writ under article 226 whether workman for his survival can also ask for subsistence allowance as interim relief during pending adjudication in HIgh Court under article 226 as 17B is not applicable in cases of compensation or HC have still power to give last drawn wages according to 17B.
Pls give some suitable judgment if interim relief is given on compensation award also.
thanks a lot
skumar
anubhuti
14 October 2014 at 17:58
hi ,
my dad is an instructor in vocational sector,at a MCVC college in maharashtra. the course is granted. he has completed 53 years of age and approx 11 years of service. he wants to take voluntary retirement in may 2015 ...he joined the the service in december 2003.
can you please tell if he is eligible for pension...i searched a lot on web but no site gives the rules and eligibility criteria for VRS for MCVC employees.
please help.
we are kinda dependent on your reply.
thanks.
deepak
14 October 2014 at 17:46
1. kindly clear payment of leave with wages on gross salary or basic salary
2.how much no of minimum ( yearly)working days should be their to get full bonus
3. formula for calculation of bonus
Ramanan
14 October 2014 at 14:19
My sister has been working with Kerala state financial eneterprises ltd,(KSFE)a company owned by Govt of kerala under daily wages basis from June2000 at a brnach of the compnay at Kannur district.
She used to get her wages by way of cheque and encashed across the counter at the bank.
Effective from 1.0.14 she is not going to office as per instruction from the branch manager they have stopped daily wages employees.
Is there any chance of getting the employment back or benefit for service extended for 14 years?
Abhay
14 October 2014 at 10:50
Dear All,
The query is pertaining to an issue related to service of one of my relative who is recently appointed in an organisation, after having experience of two years, at the post of accountant and completed around 10-12 days only since joining,
Further, still he has not been given appointment letter from his new employer and not any other documents confirm his appointment.
Now, the problem is that his new employer is harassing him mentally very much, working hours is of 10 continuous hours without overtime compensation, no lunch timing during said 10 hours of job and no leave at all not even of Sunday( all seven days working) and after all this he is treating him very badly with very abusive language causes depression at very level.
Please advice, what legal action can be take against his employer,
Thanks,
Member (Account Deleted)
13 October 2014 at 16:28
Dear Sir,
My father was died(Dated 08-08-2010)due to some health issue.He was employed in tribal-department as Fourth class employee.After some time i applied for the compensatory appointment for me,but department suggest me you will continue your study (that days i am studied in B.E. 2nd year) and they gave "Temporary compensatory appointment" (as per appointment letter dated 30-11-2010) my Mother as Fourth-Class(same post) and she was joined and continue their job till present time.
Now,I want to claim for the Compensatory appointment in place of Temporary-Compensatory-appointment as per my Qualification (B.E. Graduate).Have any rule for claim in this situation or suggest me what to do ???
Regard's ,
Neeraj Prajapati
8109675211
Respected Sir,
I'm doing work in a man power services provider team,
i did calculate the bonus as per below details.
=if(basic earning=>3500,3500*20%,basic*20%), so maximum Rs.700 per month, so yearly calculated 8400 maximum per person.
but now principal employee told me that. it will be calculate on employee working days as per bellow details.
Bonus working is as follows :-
1. Pro-rata Basis ( Nos of days, In paid basis)
2. 20% on earned basis or Rs.700/- whichever is lower.
Example :-
1 ABC monthly earned basis for 30 days Rs. 6000/- Bonus will be calculated 6000 x 20% = 1200 but pay out for Rs.700/- ( As per Policy)
2. ABC monthly earned basis for 20 days Rs. 4000/- Bonus will be calculated 4000 x 20% = 800 it is more than Rs.700/- but pay out for ( Rs.700/- / 30 X 20 = 467) ( As per Pro-rata)
3. ABC monthly earned basis for 10 days Rs. 2000/- Bonus will be calculated 2000 x 20% = 400 it is less than Rs.700/- but pay out for ( Rs.400/- / 30 X 10 = 133) ( As per Pro-rata)
so please guide me. have any clause or law in bonus act such type pro rata bonus paid.
Thanks
S Kumar
12 October 2014 at 11:13
Respected experts,
I want to ask that earlier practicing advocates representing a company were not allowed to appear in labour court proceedings without the consent of workman and Labour Court.
Now whether in 2014 this condition of section 36 have been abolished by any amendment.
Further can a party against whom a labour court award have been published as well as got enforced after 30 days of publication can go for its review in the same labour court or different labour court or it have no option but to file writ only in High Court.
thanks
s.kumar
Wages of contract employees has not been paid for last 5 month
sir there are many contract workder who are working as peons, orderly, sweepers in hospital who are employed through contracter has the greiavnces that they have not been piad salary for last 5 months..They have approached to the labour commissioner office and where the verison of the hospital was heard .The hospital authroities has informed that the contracter whereabouts are not known to them as he run awy and left the security depsoit in the hsopital and the employee will get the salary as they have moved the file to the secreatrait and only after getting the orders..The question is how long the employees have to wait for the wages for the work which they have done? Is there any instant relief for getting their salary/wages for the work they have performed?