V. VASUDEVAN
04 February 2012 at 17:21
Learned Experts, Considering the Payment of Wages Act, Weekly Holidays Act and relevant labour laws, a daily rated workmen is entitled for 7 days wages, if he has worked for 6 days in a week (if wages are paid weekly) AND 30 days wages, if he has worked for 26 days in a month - month being the standard number 30 days. Premised on this law, the Payment of Gratuity Act provides for division of the monthly wages by 26, for determination of gratuity payable - 15 days per year. Accordingly for determination of leave pay (privilege leave) the monthly wages/salary should be divided by 26 AND not 26. However, many industries, particularly FMCG uses 30 as a divisible factor for leave pay, for it managerial employees. Whether this is justificable - Please advice
Rushabh Gandhi
04 February 2012 at 16:23
Can anyone pl tell me the date of applicability of Labour cess in the state of Gujarat? Also the notification for the same.
swaraj
04 February 2012 at 15:56
respected sir i am computer teacher in punjab govt. recently the govt. announce mobile allowance for employees in state for condition that no body switch off their mobile after getting moble allowance.
my qwery is that
1.is it my right to reject mobile allowance.
2. is it possible for me to give written to department that i dont want mobile allowance and pl dont add it to my salary
pl guide me and give suggestion the ways how to refuse mobile allowance
thanks
Arrivalagan Iyer
04 February 2012 at 15:12
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.
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.
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Appointment under compassionate ground
dear learned panel of experts, my heart felt wishes to you.
my query is:- My client's deceased father was working in TNEB, he was died while in service. i.e. on 1998, at that time my client was a minor, so my client's mother had made an application for appointment under compassionate grounds during the year 1999. Subsquently on 2007 she was also died. Now my client had made an application before the concerned authorities for employment on commpassionate grounds. he had also made a representation in this regard to the board i.e. TNEB. But the board had rejected his application that The application made by him is in delay and hence no opportunity can be given.
My question is though there is a delay in giving the application by my client, my client's mother had given the application within the time period i.e., 3 years. Please help me with some citations. with regards.