Kapil Tiwari
27 December 2012 at 02:01
I am a member of the Employees Provident Fund and have been voluntarily contributing 100% of my basic salary (Rs.6,500/- per month) for the last several years.
I am not married and do not intend to get married or raise a family. I have the following members in my family:
a)my 82-year old mother
b)one married brother
c)two married sisters
I have just come across 2 clauses in the EPF scheme :
1)"If a member has a family at the time of making a nomination, the nomination shall be in favour of one or more persons belonging to his family.
Any nomination made by such member in favour of a person not belonging to his family shall be invalid."
2)"a family” means—
(i) in the case of a male member, his wife, his children, whether married or unmarried, his dependant parents and his deceased son’s
widow and children."
I have nominated my 82-year old mother. However, she has her own sources of income like bank interest, rental income, etc. and files her own Income Tax Returns. But she lives with me in my house and I look after her well-being. Can she still be classified as a "dependant" parent? Other than my old mother, I have no "family" as defined in the Provident Fund Act, and hence no other choice.
My queries are:
a)whether, my nomination of my mother as my "dependant" parent is valid and correct,
b)that the entire amount(corpus) in my EPF account will be handed over to my mother without any undue complications in the eventuality of my death,
c)can I appoint my sister or brother or nephew as my nominee, if my mother pre-deceases me (dies before me), and as long as I am not married even thereafter and do not have a "family" as defined in point 2 above? When I cease to have a "family" as per the EPF rules, can I nominate any other close relative and the entire accumulations will then be paid to this nominee without complications in the eventuality of my death?
Dear Sirs, I shall be grateful to receive your advice and guidance.
Thanks and Best Regards/Kapil Tiwari
Raju Balodi
26 December 2012 at 18:03
Dear Experts,
My Company in which I am already working since last one and half year wants to enter with me a bond (contract) of 3 years in which the Company wants my commitment not to resign till the completion said 3 years from the date of appointment as Manager (Secretarial), I want to know whether it is legal as per Indian laws and under which law.
I need your kind guidance in this regard.
With Warm Regards
Raju Balodi
Vinod Kumar
26 December 2012 at 15:40
Dear Expert,
I am worked with MNC conceren since 3 years. I recently resigned from this concern on 30.10.12. They was settled my salary, but not settled my bonus for the current period.
I was approched HR dept, they said, as per the management descrition, bonus will not to pay resigned staff. This is possible...?
kindly note,my take home salary is Rs.14500/- since Jun'2012, They deducting the Bonus amount in my Total CTC.
Can you help, how to go about this.
Thanks.,
M. Vinod Kumar.
Gowri Menon
26 December 2012 at 13:54
I am working as Assistant professor at a B-school for the past 4 years. The break up of my salary does not have any component for medical allowance or reimbursement. I was under the impression that all employees (irrespective of industry)are given a certain bare minimum towards medical allowance. Please clarify.
Aravinda.K.S.
26 December 2012 at 13:47
Dear Experts,
Iam workinjg in MNC company in bangalore @ HR & Admin department.
My queary is one of our company employee is working in our orgainisation as a Sr.Engineer-Production from 11 years,from past year he is always coming Late Attendance and negligency in his work,Behaviour with subordinate is very rough.
so our management given servereal chance to improve himself, but he doednt care for any thing.
So our Management decided to Terminate to employee.
Simultaneously he was told to Mangament ,if we are taken any action against to him ,he will be go for legal procedings.
So i kindly request to you sir, plese help to me how to come over this problem.
Thanks & regards,
Aravind
venkatadri
26 December 2012 at 07:32
Filing Additional Documents u/s 11 of ID Act read with rule17 of AP.ID Rules.
Stage - Evidence closed posted for Argument.
Matter is in labour court.
I am a party-in-person.
In support of my case I wish to file 10 additional documents. Are there any chances for the management to raise objection in my filing all the documents OR any 1 or 2 documents.
venkatadri
9290044298
H
Abdul Latif
24 December 2012 at 19:48
My Company is a private company and situated in Mumbai. My company give 4 national holiday i.e. 26 Jan, 1st May, 15th Aug and 2nd october. My company give 4 other holiday which the employee can take based on their festival. Some take it on Deepawali, Ganesh Puja and so on. My Company sacked one employee due to some reason who went to labour court. Beside other thing he said in the Complaint that total holiday given by the company is less than the holiday as per Labour Laws. He mentioned that at least 11 holiday ( except sunday) should be given in a year. Is he right? Is there any law which says that it is mandatory to give 11 days as holidays ( Except Sunday)in a year . Please advise.
Saurabh Kumar Singh
24 December 2012 at 17:33
Dear Experts,
I am working in ltd. company in punjab. As per statutory (7 national holiday/ year) requirements company has opted 25.12.12 as paid holiday(national holiday).
To enjoy holiday most of employees has clubed their EL or CL (24.12.12) and get the benefit of 3 days leave.
Now management wants restrict this type of practice and wants that:-
1. in such situation (if there is sunday and monday is working day then tuesday is national or festive holiday). if employee is taking EL/CL on monday then as a penalty all three days will be considered as leave instead of one.
2. in such situation (if there is friday national or festive holiday and saturday is working day then sunday). if employee is taking EL/CL on saturday then as a penalty all three will be considered as leave instead of one.
MY query-is it (1&2 situation) legally possible or not. Kindly suggest some legal provisions/authority to satisfy the the management.
Kapil Tiwari
24 December 2012 at 02:02
I am a member of the Employees Provident Fund and have been voluntarily contributing 100% of my basic salary (Rs.6,500/- per month) for the last several years and have been able to save a significant amount in my EPF account as part of my retirement planning.
I am not married and do not intend to get married or raise a family. Hence, I have nominated my younger sister to be the beneficiary of my EPF corpus in case of my death.
I have just come across 2 clauses in the EPF scheme which has me worried:
1)"If a member has a family at the time of making a nomination, the nomination shall be in favour of one or more persons belonging to his family.
Any nomination made by such member in favour of a person not belonging to his family shall be invalid."
2)"a family” means—
(i) in the case of a male member, his wife, his children, whether married or unmarried, his dependant parents and his deceased son’s
widow and children."
My queries are:
a)whether, after reading these two clauses, my sister's appointment as my nominee is legal and valid since I have no "family" as defined in point 2 given above,
b)that the entire amount(corpus) in my EPF account will be handed over to my sister without any undue complications in the eventuality of my death,
c)can I also appoint my brother or nephew or cousin as my nominee as long as I am not married and do not have a "family" as defined in point 2 above?
Thanks and Best Regards/Kapil Tiwari
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temporary manpower
Friends, pls advise on the following query. A compny has appoinmted ten temporary persons aas a field staff thjrougj a manpower agency to promote its products. As per the terms and conditions agreed betweem the company the liability of thje payment of wages and statutory compliance is on the agency. The agreement can be terminated by one month notice. Due to cost cutttimh measures the company decided to terminate the services of the temporary staff engagef through the agency from december eowe and intimated the agency for tytermination of contract. The account of the agency including wages for nov is yet to settled by the company. In the mean time it has been noticed that the agency has not paid the salary of nov to the staff. Please advise what is the liabilty of the company in case the agency defaults in payment of salary to staff can the company directly pay the salary to staff also please advise what legal action the company take agaimst the agency. Thanls p c joshi