SITARAM
04 February 2012 at 13:55
We engage the contractual worker through contractors for supplying man power. As our shift go around the whole day in this way some of the worker have to perform duties for more then 26 shifts in a month. The minimum wages is fixed 6000/- pr month with weekly off. we pay them the wages for weekly off in follwowing manner
6000/26 X actual day worked
6000/26X 35 ( as he worked for 35 shifts )
Is there any thing against the law as we are not giving Weekly rest and pay for weekly rest on normal rate. Some of the labopur authority ask to pay double the wages for in lue of weekly off. and some says you cant allow any person to work without weekly off
Anonymous
03 February 2012 at 22:37
In Central Government department Promotions are not released if any disciplinary case or court Cases are pending against the employee.Does this mean that involvement of Govt. Servant in any court cases other than their departments lets say some petty assault case or domestic violence cases which are even if pending with court for long duration do not allow employees to earn their promotions for long period of trial
Anonymous
03 February 2012 at 21:41
Dear Experts,
one workman met with an accident while working after treatment for a period he was
declared fit for duty but for light duty by the treating doctor.being a heavy industry there is no light job available so he was
attending plant but he was not doing his
designated job.as per law his salary can be
held or not?
pl.advice.
Regards
S.B.adil rahman
03 February 2012 at 18:58
An employee of West Bengal Government upon whom W.B Services(CCA)Rules 1971 was not applicable was charge sheeted for misconduct on 2 counts. The employee brought this anamoly within the notice of his Disciplinary Authority and wanted to be tried under the Regulations of his department. But none heard him. He was held guilty on only one charge and was recommended a minor punishment. Kindly inform me the legality of such punishment under a law which was not applicable upon him.What remedies are available for him? In Rajeshwar Singh Vs Union of India such proceeding was held ab-initio void by Delhi High Court. Would any of the experts kindly take the pain of informing me about the other similar case laws of the SC/High Courts? Be it mentioned that both the rules i.e CCA and Police Regulations Bengalare quite different and have a number of dissimilarities. CCA rules has seriously prejudiced the employee because the minor punishment inflicted upon him under CCA Rules is a major one under Police Regulations Bengal. If it is allowed to continue then the employee would become unfit for promotion at least for 2 years.Kindly opine.
Kirti Sharma
03 February 2012 at 15:16
Dear Members,
I have query from a company that if in employment agreement, if employer and employee both has agreed fr probabtion period of six months and in case the services of employee found unsatisfactory regarding negligence of his duties and his behaviour with staff and boss duirng probabtion period. then can a employer terminate the services of employee.
Please advise legal consequenses.
N.J. MISHRA
03 February 2012 at 11:07
DEAR MEMBER KINLDY ADVICE ON BELOW MENTIONED QUIERIES:
1. IF A WORKMAN ACCEPTS THE COMPENSATION AMOUNT AWARDED BY LABOUR COURT, STILL HE CAN GO FOR APPEAL FOR CLAIMING MORE AMOUNT.
2. IF A CASE IS FILED UNDER WC ACT. IN THIS CASE ALONG WITH PRINCIPAL EMPLOYER THE MANAGING AGENT IS MADE PARTY. THE WORKER HAS NAMED THE PRINCIPAL EMPLOYER BY SOME OTHER NAME AND FAILED TO PROVIDE THE CORRECT DETAILS OF THE SAME AND FURTHER FAILED TO ESTABLISH THE RELATION BERWEEN THE PRINCIPAL EMPLOYER AND THE MANGING AGENT THEN ALSO THE LABOUR COURT CAN DIRECT THE MANAGING AGENT TO PAY COMPENSATION. AND LASTLY
3. THE DEFINITION OF THE EMPLOYER UNDER WC ACT ALSO STATES THAT "WHEN THE SERVICES OF A WORKMAN ARE TEMPORARILY LENT OR LET ON HIRE TO ANOTHER PERSON BY THE PERSON WITH WHOM THE WORKMAN HAS ENTERED IN TO CONTRCAT OF SERVICE OR APPENTICESHIP, MEANS SUCH OTHER PERSON WHILE WORKMAN IS WORKING FOR HIM", IM AM FINDING DIFFICULT TO UNDERSTAND THIS DEFINITION. DEAR MEMBER I WILL BE HIGHLY OBLIGED TO YOU ALL IF AN ACCURATE EXPLAINATION OF THIS DEFINITION IS EXPLAINED TO ME.
amir haider
03 February 2012 at 10:13
hello,
I was involved in corruption/ fraud in my previous employment with a PSU , but they did not take any action as it did not come to their knowledge , now I have switched to another PSU and doing my job there. If my current PSU got to know about my corruption in previous PSU would they take action against me. what sort of action and punishment it would be?
Anonymous
03 February 2012 at 10:12
hello,
I was involved in corruption/ fraud in my previous employment with a PSU , but they did not take any action as it did not come to their knowledge , now I have switched to another PSU and doing my job there. If my current PSU got to know about my corruption in previous PSU would they take action against me. what sort of action and punishment it would be?
sasankajyoti sharma
02 February 2012 at 23:17
A CCL (Contractor's Casual Labour) employee of a Public Sector Undertaking was suspended from his service as his was an accused in a criminal case relating to the theft of some materials of the Undertaking. But after his trial the said employee has been given acquittal by the Trial Court.
During the period of trial the said Undertaking suspended him from his service and he has been reinstated in his previous service after his acquittal by the Trial Court.
From the date of his suspension to the date of his reinstatement his subsistence allowance was stopped by the said Undertaking and it is still unpaid to him.
The said Undertaking regularly deducts P. F. from his salary.
Now the question is, "Can he claim the said subsistence allowance unpaid to him or will he approach the Law?"
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Regarding promotion
I am appointed as BT asst in 1989 by Teachers recruitment board and again I am appointed as PG asst in 1997 Teachers recruitment board . Now in tamilnadu educational service Those appointed as BT asst can get promotion to PG asst via seniority in BT service and again they can get Promoted as HIGH School Hm.Here those who are directly appointed as PG asst can't get promotion as High school Hm .Now what my question and demand is I shoud get promotion as High school HM . But the govt refused to give the promotion to High school Hm.Same department , same appointment authority ,moreover i never resign from the previous post,I releived from the previous post and joined the newpost without any break of service.Same GPF A/C number But the mode of payfixation is different . I put suit in highcourt of chennai to treat me in par with those who appointed as BT Asst with me in 1989.Moreover now 1989 BT s are ready to get promotion to HR SEC School HM via seniority of High school HM .Please answer my query and quote any highcourt or supreme court judgement regarding the case.there are nearly some 300 PG Asst like me are struggling like this.