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

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ashok thakker   31 March 2013 at 20:45

Esi for daily workers

Sir,
We are into Tea Warehousing business, being seasonal business we employ daily workers to up up to seasonal pressure of work over and above permanent workers.Are we liable to pay ESI subscription for daily workers and how as they are migrant in nature they change employer to their chice and whims.

please guide,

regards,

ashok thakker

SRIPATI KUMAR SWAIN   31 March 2013 at 15:42

Gratuity

Dear Seniors,

If an employer asks an employee to resign before completing 5 yrs due to downsigning of work force, will that employee can claim Gratuity as employer has asked him to go for their compulsions. Actually most of the employees have completed 4 yrs. Pl advice.

Regards
Sripati

ptc   31 March 2013 at 11:34

Bond agreement

Sir/Madam,

I was working for a mnc company in Noida. And I signed a bond agreement of 18 months that said, if I fail to serve the company I have to pay Rs1,25,000. I worked for 10 months. But then could not continue due to health issues. I requested my HR to transfer me to my native place,Bangalore. But he refused saying they had no business opportunities there. I had no choice but to come back home. I did not resign but constantly requested for transfer. They sent a letter saying my records in the company will be closed on 7th oct 2012.
In the letter they mentioned I was not communicating with the company. But that was not true. My HR had stopped responding to my e-mails.
Now they are asking me to pay a amount of Rs1,45,000. I cannot afford to pay that amount. Please suggest a solution for my problem.

PBS KUMAR   31 March 2013 at 09:59

Annual leave components and calculation

Dear EXPERTS,

Please note as per the Factories Act, Sec,79 " EVERY WORKER WHO HAS WORKED FOR A PERIOD OF 240 DAYS OR MORE IN A FACTORY DURING A CALENDER YEAR SHALL BE ALLOWED DURING THE SUBSEQUENT CALENDER YEAR, LEAVE WITH A NUMBER OF DAYS CALCULATED AT THE RATE OF ;

(i) If an adult, one day for every twenty days of work performed by him during the previous calander year.

QUESTION:

While taken the above, the twenty days are excluding WEEKLY OFFs , NATIONAL AND FESTIVAL HOLIDAYS, OTHER LEAVE DAYS.( Approved CLs, SLs etc) OR including the above.

In some industries they are excluding and some are including for the calculation of 20 days of working day 1 EL / PL / Annual Leave.

WHICH VERSION IS TRUE ?

Regards,

PBS KUMAR

snehashree   31 March 2013 at 08:18

Rejection of epf claim

Dear SIr/Ma;am,

I was working as an Administrative Officer in one of the private schools in Maharashtra. My total caryy home pay was around Rs 25000 per month. After one month of joining services I applied tot eh Secretary of the school and took approval from him for increasing contribution to Rs 20K per month because I could afford it. After one and half years I had to resign the job due to family commitments and applied for final with drawal. The EPF authorities responded after five mponths period and rejected the claim saying that the contribution amount is more than authorised. I appealed against the rejection by stating that they can not reject the claim after accepting the contribution and using my money for eighteen months. I also approached the RPFC II Pune through EPFiGMS web site for redressal of grievances. The Inqyiry office appeared to be partial and informed me through email that the account number given is wrong and I should provide correct number and he has closed the case. After three months of constant communication, he is not respondiong to my emails. What course of action is advisable for me? I need money for my BHAVISHYA NIRVAH.

Thanks and warm regards.

Shrikant

vinodkumar   30 March 2013 at 22:21

Job on compensation ground

MY FATHER SERVICING AS STATE GOVT EMPLOYEE IN GUJARAT POLICE SRP. DURING SERVICE HE DIED IN YEAR 2000. I APPLY FOR JOB ON COMPENSATION GROUND AFTER ONE MONTH, IN THAT YEAR, IN DEPARTMENTAL OFFICE OF MY FATHER JOB PLACE, AFTER MY APPLICATION CORRESPNDENCE , IN YEAR 2010 THE HEAD DEPARTMENT OF GOVT OF GUJARAT REJECT MY APPLICATION, REASON ONLY THAT, MY APPLICATION IS DELAY OF SIX MONTH. I FURTHER INQUIRE IN THIS THEN I CAME TO KNOW THAT, ALTHOUG MY APPLICATION IS IN TIME LIMIT BUT INWARD CLERK NOT RAGISTAR THE SAME IN HIS RECORD SO. I SUFFER THAT MISTAKE AND THE HEAD DEPARTMENT REJECT MY APPLICATION, NOW THE HEAD DEPARTMENT NOT ACCEPT THEIR MISTEK AND CLEAR DENAY TO GIVE ME A JOB, IN THIS SITUTATION FROM WHER I FILE MY SERVICE MATER IN HIGHCOURT OF GUJARAT UNDER WHICH ACT? WHAT ANY LIMITATION BARRED ME FOR APPROCH IN HIGH COURT?

Jaggy   30 March 2013 at 14:52

Procedure to get noc incase of active bond

Hi,
I am in a dilemma to get NOC from railways to incometax because still am in sports quota bond of 5 years, I joined in 17/7/2009, but meanwhile I got better job in incometax dept, when I joined railways my pay was 5200-20200-1900gradepay now it's 5200-20200-2400gradepay, even the job I am about to get is 5200-20200-2400gradepay in incometax, please suggest me procedure to get NOC? And Can I resign this present job if they deny NOC ?

MOHAMED FIROZ   30 March 2013 at 13:00

Extra salary and epf

WE ARE RUNNING A RECOGNISED GOVT. UNAIDED MATRIC SCHOOL IN TAMIL NADU AND ARE ENROLLED UNDER THE EPF SCEME FOR THE PAST 15 YEARS.WE HAVE BEEN PAYING PF FOR THE STAFF ON THEIR FIXED SALARIES.
WE ARE AT PRESENT PAYING A MONTHLY CONSOLIDATED SALARY OF RS. TWO LAKHS FOR 24 STAFF. WE HAVE NOT FIXED ANY BASIC PAY OR D.A. THE TOTAL EPF PAID ON THE ABOVE AMOUNT IS AROUND RS. 50000.
WE WANT TO GIVE THEM AN INCENTIVE OF 10 DAYS OF THEIR SALARY AS OUR GIFT FOR THIS MARCH 2013.
CAN WE ADD IT TO THEIR SALARY FOR THIS MONTH AND DEDUCT EPF FOR THE REVISED AMOUNT ALSO?
WILL EPF ORGN. APPROVE THIS ONE MONTH INCREASE IN SALARY AS PERMISSIBLE?
CAN WE REDUCE THE P.F. AMOUNT FROM APRIL THIS YEAR BY FIXING BASIC PAY AND CALCULATING P.F.ON IT?
THE MINIMUM SALARY OF A TEACHER IS RS.5000 AND THE MAXIMUM IS RS. 22000.
THE NON TEACHING STAFF RECEIVE RS.6000 TO 10000

HARAN

manu   30 March 2013 at 12:43

Mentally and physical harassment in ltd company

what should we do in that case.they closed the company gate for us(two person) many times on fake reasons.we r only a worker and not right to even ask any question relating to our salary,misbehave of colleagues,misbehave of seniors(supervisor,engg,A.M,manager and even the G.M of the company).resentely from 18 of march the company gate was closed for us without any reason,and they even don't want to talk to us.The company management and the union of company playing game with us.don't know what should we do.this matter is contineu after the making of union since last 3-4 years.no one wants to listen our problem.we sent email to the G.M,in witch we wrote all our problems but after that he don't even pick our phone.

SOUMABHA   29 March 2013 at 22:33

Fraud in loan payment in lic

I TOOK RS 800000/- BY USING OTHER EMPLOYEES PASSWORD BY CREATING LOAN ON MY POLICIES. WHEN THE DIVISIONAL OFFICE TEAM ENQUIRED THE MATTER AND ASKED ME FOR EXPLANATION, I CONFESSED THE MATTER AND RETURNED BACK THE WHOLE AMOUNT TO LIC. NOW, IS THERE ANY WAY TO SAVE MY JOB IN LIC?