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16 December 2012 at 22:46
Sirs,
my client says :
"I resigned from my company giving 3 months notice period(as per
appointment letter). My appointment letter contained the clause "after
confirmation of your appointment, the company may terminate your
services by giving you 3 months notice in writing, or payment of 3
month's salary in lieu of such notice. In the event you desire to
leave the services of the company, you will be required to give the
company 3 month's notice in writing or your total remuneration for 3
months". My company decided to release within 15 days of my
resignation, though I mentioned my last day of work in my resignation.
Is the company now, liable to pay for the payment in lieu of my
balance period?"
please advise me and my client ?
pranab majumdar
16 December 2012 at 13:38
Respected sir,
Up to what extent defective vision due to work injury in a company can be declared as
disability? pl.suggest.Regards.
Pranab
Saurabh Kumar Singh
15 December 2012 at 16:06
Dear Members,
As per the circular dated November 30, 2012, was issued after internal review meetings held in late November and has beenforwarded to Employee Provident Fund offices across India. Historically, most companies have been computing provident fund (PF) contributions (at 12% each by the employer and employee) against basic salary and dearness allowance only. However, the definition of basic wages has been a contentious issue, with PF authorities claiming that companies split the basic wages into various allowances to reduce the quantum of PF contributions.
The circular deals with this “splitting up” practice adopted by employers. It states that basic wages will include all allowances which are “ordinarily, necessarily and uniformly” paid to the employees. Thus, various allowances such as conveyance, educational allowance, medical allowance, etc., will have to be taken into consideration while computing the PF contribution.
my query is how can we implement the provision of said circular plz guide.
Saurabh Kumar Singh
15 December 2012 at 15:55
Dear members,
as per EPFMP Act 1952 "It is mandatory for every employee drawing a basic pay of up to Rs. 6,500 per month to make contribution towards EPF. However, employees drawing basic salary over Rs. 6,501 per month have an option to get PF deducted from their salary."
Now my query is supported by following example- Employees working in the establishment with 6501 or more basic salary and the establishment is deducting & depositing the PF Contribution on the basis of basic salary of 6501 or more.
Meanwhile employee give declaration that they do not want to get deduction/deposition of PF Contribution on more than the basic amount of Rs.6500/- (as per sealing of the act.
Q1: Now please guide us “Is it possible? If yes, then under which provisions of the PF Act?”
Q2: If it is possible then from which period we may implement the same i.e. from date of declaration or from the coming return period?
yours valuable inputs are requested.
Saurabh Kumar Singh
15 December 2012 at 15:22
Dear Experts,
please help me on following query:-
1. X employee has resiged from C group company and joined the C1 company( sister concern of C company). X is not willing to continue his old PF a/c and opened new PF a/c with C1 company. please explain- (a) He can be allowed to wihdraw PF amount laying with c company or not. (b) if allowed, then under which provisions (c) if not allowed, then why.
yours view requested.
RAJASEKAR
15 December 2012 at 09:32
my brother is working as a staff in self aided polytecnic lab assistant, recently suspended by secretary, may i move forward to civil court, or labour court,
some friends recommend to file petition before labor inspector for raising issues?( sec 2 industrial disputes act)
what shall i advise to him?
please guide me
Isaac Gabriel
15 December 2012 at 06:25
An employee of a cooperative society was relieved from duty on attaining age of superannuation on 31/05/2009 without prejudice to the disciplinary action pending against.On 05/12/2012 the disciplinary action was disposed with the punishment of termination from service with retrospective effect from 30/05/2009.Is retrospective termination valid? If not to whom the case to be filed?
ravikant prasad
15 December 2012 at 00:04
hi sir/madam
I am government employee working in Dept.of Atomic Energy.As I was selected as open category candidate for my current job as I do not have the Caste certificate at the time of recruitment/selection,so I applied in General category and got selected ,but Now i have made Caste certificate and i want to take benefit of scheduled caste reservation in my promotion .
so plz tell me how can i do this.
i have joined DAE 11 Yrs ago and my service period has completed 9 yrs excluding 2 yrs of training period.
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Reduction in pay
sirs,
here i am explaining my client's grievances of reduction in pay. please advise me, sir .
FACTS AS EXPLAINED BY MY CLIENT IS AS FOLLOWS :
I am looking for your kind legal advice which is concerned to my pay fixation under sixth pay commission as new appointment after 01-01-2006 in central Govt funded research Institute (NIPER, Mohali)
I have been appointed as scientist-I in pay band-3 (15600-39100; GP-5400) at the initial pay of 15600/- on 16th may 2011. Before that I was working as scientist II in same organization in the pay band 2 (9300-34400; GP 4600) at the pay of Rs 21460/- (pay band 16860 + GP 4600).
On joining, I opted for the fixation of my pay at the date of next increment (DNI) i,e, on 1st July 2011. The competent authority has reduced my pay in the pay band from Rs. 16860 to 16060/- and provided the total pay as such i,e, Rs. 21460 ( saying that my pay has been protected according to the new rule of 6CPC; DOPT Office Memorandum N0. 12.3/2009-Pay-I; dated 30th march 2010).).
On 1st July one regular increment also has been provided. However I feel my pay should be fixed as 16860 + 5400/- =22260/- on 16 th May 2011. I assume that pay protection implies that protection of Pay band + DA + applicable grade pay as well, with the best of my understanding based on previous pay commission fixation rules.
How the concerned authority may reduced my already achieved last pay by Rs 800/- in the pay band from Rs 16860/- to Rs 16060/-? I have achieved this pay due to 14 years of long service and I have been appointed at higher pay scales. Logically my pay must go up.
I personally believe that reducing my pay in the pay band (16860 to 16060) is mis-interpretation of the concerned circular statement: which that “the pay in the pay Band fixed under this formulation will not be fixed at a stage lower than entry pay in the revised pay structure (corresponding to the grade pay applicable to the post) for direct recruits on or after 1.1.2006.” I assume that in present case this statement implies that if anybody pay in the pay band is less than Rs. 15600/- even then his/her pay in the pay band must be fixed minimum at 15600/-. But this circular never says that the exiting pay if it is already greater than entry pay ( >15600) in the pay band may be reduced.