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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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GIRISH SHARMA   15 April 2014 at 22:56

Difference between monthly & daily rated wages

Dear Sir(s),

What is the difference between MONTHLY rated wages and DAILY rated wages ?

If a worker's monthly wages is say 8000/- and in a particular month he is present for only 20 days, then we pay him 8000 / 26 * 20.

So, is this worker, DAILY rated or MONTHLY rated ?

Seeking your valued advise.

Regards
G. Sharma

GIRISH SHARMA   15 April 2014 at 22:52

Pf applicability

Dear Sir(s),

My query is:-
If a worker's monthly rate of wages is say 7500/- (Full basic) and he is present for full month, then no PF is applicable (as basic > 6500/-). Now, in the next month if the worker is present for say 20 days only, so his gross payable wages = 5770/-. Is PF payable on this 5770/- ?

Seeking your valuable advise,
Regards
G. Sharma

Neeraj   15 April 2014 at 21:12

Employer relieved me in back date, and keeping month salary

Hello Experts,

As per term & conditions mention in my appointment letter. "Either of the party can terminate employment by giving 2 month advance notice"

I tendered my resignation on 1 Feb 2014 and clearly stated that i would serve the full notice period until 31 March 2014.

Employer accepted my resignation on 28th Feb 2014 and mention my relieving Date as 15-April-2014. which is 15 day after my notice period over.

Then on 18th March 2014 they sent a mail stating that we have relieved you on 28th Feb 2014 and sent another Resignation acceptance on 26th March 2014 stating that have been relived from service on 28th Feb 2014 itself.

In this way i could not be released from service of my employer until 26 March 2014 end of the day as i did not have any clear Resignation acceptance with me.

Employer is aslo not ready to pay for 26 Days of March .. saying that we have relieved you on 28th Feb 2014.

Please suggest what can be done in this regards; Can employer relieve a resource in back date and keep his salary.

Thanks in advance,
Regards
Neeraj


Aravinda.K.S.   15 April 2014 at 19:11

Workmen compensation

Dear Experts,

Iam working in MNC company as a Sr officer HR & Admin department, i was met an accident by two wheeler when i was going home after completion of duty hours i.e. 7.30 PM, for this accident my right leg knee was fracture, so Doctor put a two steel rod in my right leg, as per Doctor opinion i will be take rest for 3 months. My Query are as below.

1. Shall i applicable Workmen Compensation
2.if i was applicable for Compensation, please give the any High court & Supreme court verdict as per act.

please give your concurrence report at earliest.

Kishan   15 April 2014 at 18:59

Employment bond

Dear Sir,

My employer is asking to sign a bond for 18 months. They have offered be a post of Assistant Manager in Accounts. I have total 8 year of experience. They are telling that bond is for hiring expense and other administrative expenditure done on joining process. They are asking 2 post dated cheque worth rs. 70000/- with bond. I am just worried about that i there were some problem caused and circumstances arise and i have to leave before that period then what can be happen?? some of friends has advised that employee bond is not legal. and we can make stop payment of cheques. Even job consultant has told me that i not need to worried about it.

Please guide me on this situation. What i should do??

Pavan   15 April 2014 at 15:40

Notice period and bond breakage amount

Hi,

I am working in a private company in Karnataka from 2 years. Now I want to leave the company as soon as possible. I have not signed any terms and conditions with the company or any appointment letter. Now the company asks to work for 3 months and a huge amount to issue NOC and relieving letter. Notice period and bond amount was oral and is not at all written. Please guide me to get the NOC and relieve letter without serving for 3 months of notice period as i have to leave as soon as possible. Thank you.


Vikram   15 April 2014 at 14:49

Service bond

Hi All

Please help me, I was looking for a gov. job from last 3 years but didn't succeed.
Now I am working in an MNC and I have signed a service bond under arbitration Act 1996, with my MNC for 2 Lacs or 2 years, working from last six months, now i got the result of my Interview and get selected in PSU.
Will i have to pay to the company the bond amount. And if i quite now, do i also need to pay 3 three month's salary to co. (co. policy) along with 2 lacs, or only 2 lacs will suffice.
Company has spent substential amount on my training(not any skill development), nothing is bad with MNC job no issue, but I want to move to PSU and got the chance now, i can't try again for the PSU job due to age factor as well as for general category it's hard to get the PSU jobs.

Please advice me what to do, Am i bound to pay?

santosh kumari   15 April 2014 at 12:40

what if employer is not paying salary on time

Dear experts
Am a teacher .working at private school.my school iwner is not paying is salary od about 3-4 months.full staff has grievence towards them.i am new joinee heee.if they pay....they give us cash.no eecords at all.
Plz suggest me.how can i make my salary affordable n also am needy of job
Thank you in advance
Regards

santosh kumari   15 April 2014 at 12:37

what if employer is not paying salary on time

Dear experts
Am a teacher .working at private school.my school iwner is not paying is salary od about 3-4 months.full staff has grievence towards them.i am new joinee heee.if they pay....they give us cash.no eecords at all.
Plz suggest me.how can i make my salary affordable n also am needy of job
Thank you in advance
Regards

Ashok Yadav   14 April 2014 at 21:17

Gratuity

Dear Sir

I have Resigned from Company and I have completed 4 years 9 months in same Organisation will i am Eligible for Gratuity.
As per Judgment from Supreme Court:
"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity