M N Rajan
26 August 2013 at 10:05
Dear sir
During the year 11 12 Supreme Court gave a judgement in connection with Gujarat High Court appeal that the basic wages include all allowances.
on the other hand EPF Act Define Basic Wages is equal to Pay and DA.
Now the EPF Officials insist us to contribute for the allowances from 2011 12 on wards.
My Query is,
Mere Judgement changes the Act?
No prior intimation or notification in this regard have not served by the EPF office
How Can Face this situation?
your instant reply may be the solution sir
Thanking you
sandeep
25 August 2013 at 01:04
Dear Experts and Friends,
I request you to kindly advise me on the below issue -
I am working with a PSU Bank as an Officer. I have not being paid 8 days salary on account of so called unauthorized leaves, when in fact I have duly submitted my sickness certificate to the branch manager. I am also not being paid other benefits like conveyance allowance, TA/DA etc, which are paid outside the salary as reimbursements, from last month itself.
The reason for this is my refusal to do something as desired by my senior after which 2 explanations were called from me in the gap of 5 days. One for so called unauthorized leave and one for failing to control the affairs of my dept.
I have replied to both. Despite submitting the sickness certificate, so called unauthorized leaves are not regularized and salary for 8 days is not paid. After this payment of conveyance allowance, TA/DA etc was also stopped
Kindly advise legal recourse available to me as bank employees are not covered under payment of wages act 1936. Can I approach labor commissioner? If not, then which court I need to approach for fast hearing
Dipak
24 August 2013 at 14:54
Dear sir,
Can employee working less than 240 days in orgination entitle to leave encasement on his/her resigantion ? what will be if he is terminated before compleation of 240days? what is excate law regarding leave and leaveencashment?
payal
24 August 2013 at 14:26
Ours is a hospital ( in Rajasthan) with more than 100 doctors and administrative staff exceeding 100. Are we supposed to have standing orders in our organisation?
Further in case if we dont have standing orders of our own, are the model standing orders applicable on us and what is the scope of enforcement ?
payal
24 August 2013 at 14:20
One of our employee wants to leave the job. He has been with us for 2 months now and is in probation period. I have following questions to ask:
1. Under his offer letter he is supposed to provide notice for 1 month while in appointment letter it is 2 months. Which one would apply in such a situation? (Employee is arguing that since he joined the job on the basis of terms and considerations mentioned in offer letter he would serve the notice for 1 month.)
2. In his offer letter a clause is mentioned as per which "he commits to work with us for a period of 2 years" but the same is not there in his appointment letter. Since no training was given to him, he says that he cannot be bound to stay back. Does this bond period has any validity? ( it is given in his offer letter that if he leaves the company before the stipulated period , the monthly deductions from his salary would not be given to him He agrees to this and says he does not want this amount.)
3. He is stating that he has got admission in some prestigious college and can not continue working with but he is not presenting any admission slips. can we force him to present his admission slips?
4. Company doesnt want to relieve him what can we do in such case?
Thanks in advance.
AKR
24 August 2013 at 11:11
I had been working for Indian Oil Corpn Ltd. As I was also preparing for civil services I took UNAUTHORISED LEAVE. After 5 months company charge sheeted me for unauthorised absence, proceeded with enquiry and finally decided "Removal from Service".
Its ok with me as I myself wanted to leave the organisation but only handled my resignation once the chargesheet was issued.
What I want to ask is that this DISCIPLINARY ACTION and the DECISION is any way going to hamper my prospects for joining Civil Services.
Kindly Help
sajjan gupta
24 August 2013 at 07:33
if a labour died of accident at principal employer by contractor in 2005 at age 19 what may be the minimum comensation can be given.
kins of labour filed suit against contractor and principal in 2006 but notice from commisioner came in 2013 march demanding rs 3.27 lacs with interest.
please advise
Indrajeet Shinde
24 August 2013 at 00:18
I was working with a listed company from June 2005 till November 2012, left company as the salaries were delayed by 30-40 days since june 2012.
I got relieving letter along with full and final statement including my pending salaries , gratuity, leave etc.
when i submitted PF withdrawal form, it was rejected on account that company has not deposited the amount, secondly company has not deposited the TDS deducted during April 12 to Nov 12 since it is not reflecting in Form 26AS. Right now iam not able to file IT return and have not got any reply to any communication with employer.
Please advice as to what should be done to recover the below:
PF Amount
Form 16
Full & final amount which includes gratuity, pending salaries, leave encashment etc. which is pending since Nov 2012.
Is there any law to recover my money immediately
The company is headquartered in Delhi and has defaulted FCCB since last Aug.
Regards,
Inder
denis
23 August 2013 at 12:11
My client has received notice from professions tax department for default in filling of the return & payment for the period from 01/04/2012 to 31/03/2013. But there was no employee in his company so there is nothing tax liability. Hence he has not filed return. Kindly help me how to draft letter to professions tax department
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Epf basic wages
Dear sir
During the year 11 12 Supreme Court gave a judgment in connection with Gujarat High Court appeal that the basic wages include all allowances.
on the other hand EPF Act Define Basic Wages is equal to Pay and DA.
Now the EPF Officials insist us to contribute for the allowances from 2011 12 on wards.
My Query is,
Mere Judgement changes the Act?
No prior intimation or notification in this regard have not served by the EPF office
How Can Face this situation?
your instant reply may be the solution sir
Thanking you