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

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Vinod Shah   31 December 2012 at 17:07

Minimum working hours for a pregnent woment after her 6 months of pregnancey.

Dear Experts,
I have a query regarding the above subject. Kindly let me suggest appropriate answer of my questions as per labour laws:-
1. What should be "minimum working hours" for a six months pregnant women, so that she can receive full day salary from her employer?
2. If an employer torture a pregnant women to work hard and follow duty hours compared to other employees, then where she should have to approach for justice?

Kindly reply the above questions with legal evidence (by mentioning respective labour law/acts) please.

SANTHOSH KUMAR   31 December 2012 at 14:48

Component of salary

i am working in payrolls i need some clarification regarding salary court attachment,
i received one court salary attachment of one of my employee in the court stated that deduct 1/3 salary from employee.
our pay slip structure is BASIC, DA, HRA, PERSONNEL PAY,ALLOWANCES ( NEWS PAPER, HELPER, MEDICAL, LTC.).
SO I NEED CLARIFICATION ON WHAT R THE COMPONENT COMES IN SALARY

Law Querier   31 December 2012 at 12:28

Job confirmation not done after 1 year of service

An employee has completed a year of his service in Marketing department of private company. During joining time, in his employment letter stated that he would posted 6 months for training period and there after remain on probation perioed. After probation period he will be posted as Confirmed.After one year of service,there is no information of confirmation from company side.When employee did inquiry by e-mail about confirmation in company, they did not give any answer.The employee's boss telling him orally that your performance is not good. so, you can not confirmed by company. What should an employee do against employer/company in this case?

skg   31 December 2012 at 12:24

Whether workman can argue his labour case himself

Dear experts,

After giving three chances for starting arguments workman's lawyer is not attending and skipping the start of argument.

The workman has already prepared written arguments in consultation with his lawyer before these three chances but on advise of his lawyer he did not submit it in court on these three chances.

My question is whether he can submit these written arguments in next hearing if this time again his lawyer skip the hearing and start oral arguments using his written arguments on his own.

Whether Judge have power to refuse workman who do not want to delay his case taking place for the last 5 years in labour court to argue his case since workman is betrayed by his lawyer three times.

Rgds

Member (Account Deleted)   30 December 2012 at 12:07

My office md nad hr are mentally harrasing me

I am working in a mnc in noida .here from last 3 months my MD has started mentally harrising me by different , different ways.Furthur the Hr is also treating me in very rude manner .


I think that they are willing to terminate me but there is no such point on which basis they can do this so for this they are preparing a ground on which they can proceed.


plz help and guide me that is there any legal action i can take against them.

Member (Account Deleted)   29 December 2012 at 23:40

No result yet

Sir, I studied MBA from an institute which final examination was held in June '12 but they have not declared any result nor any certificate inspite of repeated inquiry.
What can be done against them if they really don't intend to out any result or cerificate(degree) and get my money returned?
Please reply .I am from a middle class family and managed somehow education expenses.I am very depressed.

Kapil Tiwari   29 December 2012 at 19:51

Application for withdrawal of provident fund accumulations

As per the EPF rules (para 69), a member may be permitted "to withdraw the full amount standing to his credit in the fund on ceasing to be an employee in any establishment to which the Act applies provided that he has not been employed in any factory or other establishment to which the Act applies for a continuous period of not less than two months immediately preceding the date on which he makes an application for withdrawal".

If I act as follows:

1) I resign from previous job on 31/12/2012.
2) For two months I remain unemployed or take up employment in an establishment where EPF is not available or applicable.
3) I now apply for full withdrawal of my EPF accumulations by 7/3/2013 alongwith the requisite declaration that I was not employed as per para 69 for the previous two months.
4) I take up a new job, where EPF is applicable and available on 15/3/2013.

In this manner, will I have withdrawn by entire EPF accumulations legally and in conformity with the rules mandated by the EPF Scheme? Kindly advise if taking up employment for these two months, prior to making application for withdrawal of EPF accumulations, in an establishment not covered by the EPF Act, legally permitted in this case or one must be totally unemployed for the two months after resigning from the previous job and immediately preceeding the date on which he applies for withdrawal of the accumulations (which is, 7/3/2012 in my above proposed action plan)?

Rakesh Kaushik   29 December 2012 at 11:51

Gratuity part of ctc

Dear Respected all,

Kindly advice me on Gratuity.

My company make CTC.and in CTC deduct Gratuity amount and says if any employee work 5 yeras then company paid Gratuity amount.

Kindly advice me What Gratuity part of CTC?

Its Legal or not ?

Kindly advice.

Regards

Rakesh Kaushik

Sudama Prasad   28 December 2012 at 11:20

Extension of contract period on performance basis

Under control of a Regional manager of a nationalised bank 3 Self employment training institutes are functioning.On 19.12.2011 directors were appointed on contract for 12 months.Performance appraisals were submitted to Regional manager who in turn forwarded to the corporate office of bank with his comment for extensi-on of contract period.My performances in every parametres are much better than 2 others.But the Regional Manager had been biosed with me from very begining & ultimately put adverse comment.Evidence are there for his bioseness Can I challenge in court

Priyanka Vijay   27 December 2012 at 15:25

Working hours in private company in rajasthan

Is it necessary to make five days working week if the daily working hours are extended up to 9 hours?

or does working hours includes lunch or breaks time?