Raja
31 January 2012 at 18:08
A labour contractor having registered office in Kolkata, registered under Conntract Labour (Regulation and Abolition) Act 1970, having EPF and ESI number of West Bengal circle, get some job at Madhya Pradesh, Orissa, and Andhra Pradesh.
(1) Whether he has to get sub code for EPF and ESI of those states to operate there ? He is sourcing all labours from West Bengal.
(2) Since the job is of contract basis, so he will be engaging labours for 3 or 4 months on contract basis. In that case, whether he has to pay the EPF/ESI also?
(3) Apart from Labours, there are Manager, Supervisor and Accountant also. So, whether he need to maintain seperate register for Wages and Salaries Or all the aforesaid categories can be included under the Form XIII as prescribed under rule 75 of Central/State Contract Labour Rules? IF seperate, in which format?
Anonymous
31 January 2012 at 02:24
I am HIV+ for the past 15yrs and now i am on 2nd line ART for 5yrs.
A) I AM WORKING IN AIR INDIA FOR THE PAST 21YRS AS A CONTRACT LABOUR WITH EPF,ESIC AND OTHER BENEFITS UNDER THE MINIMUM WAGES ACT..
B) I AM SINGLE AND ALONE DESPITE HAVING 2 WELL SETTLED BROTHERS.
C) I STAY IN A SLUM IN MUMBAI ALONG WITH MY AILING 74YRS PARALYSIS SUFFERING MOTHER.
D) THE ROOF OF MY HOUSE IS IN SHAMBLES IN SHORT THE HOUSE IS A WRECK.
E) LAST YEAR I APPLIED FOR A EPF LOAN TO REPAIR MY HOUSE AND IT WAS DENIED BECAUSE THE TITLE PAPERS WERE IN MY DECEASED FATHERS NAME.
F) WHILE CLAIMING THE LOAN I HAD NOT DISCLOSED MY HIV+ STATUS TO THE EPF.
G) CAN THE LAW INTERVENE IN MY CASE SINCE I DO NOT NEED ANY SOCIAL SECURITY AND CLOSE MY PF CONTRIBUTIONS AND KEEP ON WORKING TILL I AM FIT TO WORK.
" I WANT CITATIONS, JUDGMENTS OF HC AND SC SIMILAR TO THIS CASE"
Anonymous
30 January 2012 at 19:32
My younger brother was working with a govt insurance company as Administrative Officer (engg). According to service contract he had to serve the company for 4 years. otherwise in the event of resignation ,termination he had to pay one years gross salary as a liquidity damages to the company and this amount could be proportionaly reduced with the length of service in the company. He didnot like the job profile and wanted to leave. After one and half year serving the company he became very much depressed .sudeenly at that time his mother fell ill seriously due to brain haeommorage. Due to that painful situation in negligence and hasty he resigned from the services of the company. After serving for 19 months he had submitted his resignation mentioning with immediate effect in duplicate to his dept as well as to HR deptt .He also mentioned in the resignation letter that he may be intimated about bond money due. After that he came home to look after his mother. after two months when he came out of depression he felt that he made wrong decision of resigning from the company so he wrote a letter to DGM(HR) about give him a chance to join in the company again and pl donot accept his resign.But after that company send him a chargesheet mentioning his unauthorised absence from duty. He replied that he had submitted his resignation so didnot start action against him. But the company started disciplinary actions. He wrote many times to the Enquiry officer to give him a chance to join again.He also participated in the hearing. But after that company removed him from the services on charge of unauthorised absence for more than 90 days.
After this company has demanded bond amount otherwise warns of legal actions. He has appealled to higher authorities against this removal order which is undecided yet.
i seek your legal opinion on following
1) after resignation with immediate effect is starting of CDA action is right?
His coworkers informed him one week after his resign that his resign accepted by hr deptt and all the deptt issued no dues certificate to HR deptt.
2) company didnot respond to his letter asking them to give him a chnace to join again and donot accept his resign
3) since his appeal against removal is pending . Is it right to demand for bond amount by the company?
4)if his appeal is rejected can this order of removal of service can be changed and accept his resign?
5)If he want to join other company can this company give no objection certificate and transfer of bond amount?
6) what type of legal action can be started if he donoy pay bond amount within one month? If case is filed against him will it destroy his future career?
Anonymous
30 January 2012 at 18:40
I want your prudent legal advice for my problem. I hve passed B.tech (civil) from iit delhi and after that
I had joined NHAI as trainee engineer 2 years before. I was on probation for 2 years.
Service conditions were included in the appointment letter and one para was about termination of contract of employment which states that either party can terminate the contract by giving one month notice or pay of one month to terminate the contract. I worked for one month but i didn't like my work profile and place of posting. I asked for change in posting but they refused. Due to depression and other problem i stopped attending office. After one month company send me letter mentioning my absence from duty and asked me to join otherwise disciplinary action can be started. At that time i made mistake in negligence that either i couldn't submit resign or give reply of letter. I also wanted to prepare forIAS/ips exam so i started exclusive preparation for this.This year i have written mains and hopeful for interview .For career security i have got a job in other PSU recently.
Sir please advice me ,i want to know
1. Can i join this psu without mentioning about NHAI? I haven't mentioned about previous job in application form .
2)a. NHAI (National Highway Authority of India)have not send any letter to me after that one letter in last two year. I have also not communicated to them due to fear of disciplanary actions. They have also not started any action against me.
2)b.Since NHAI have not send any letter to my address so can it be assumed that NHAI have terminated my service?
3) At this stage can i send my resign by speed post? Can they accept the resignation? Can they initiate disciplinary case against me after getting resign from my side? If i ask for relieving letter can they issue to me?
4) At this stage can i write to them about termination of service contract with one months salary? can NHAI accept this?
5) If i want to approach NHAI whether i approach to Head Office HR deptt Or the office of my place of posting?
6)Can i ask for my employment status ? and after that can they start disciplinary action against me?
Pl advice sir, so that i can rectify my mistake. I am waiting for your prudent advice.
Thank you
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ash
30 January 2012 at 18:22
i am working as post graduate lecturer in a permenantly nongrant institution on a fixed salary of 8,000 per month i demanded my institution to open my EPF account but institution rejected my request and principal told me there is no provision for deducting epf from my salary as i am working in an unaided institution.plz suggest me what to do?
Anonymous
30 January 2012 at 16:04
Our company would be shifting its Corporate office from New Delhi, where the registered office is located to Gurgaon.
Now my question is, do we have to apply for registeration with PF, Esic, etc.in Haryana. What are the other legal requirement we have to follow.
Thanking you in advance..
Santos
30 January 2012 at 15:22
Dear All,
A holiday resort having 200 employees in their roll could be a "factory"
Can factories Act 1948 is applicable to the hotels,resorts where preperation and processing and sale of food is done. What are the logic please.
Regards,
Santosh
Anonymous
30 January 2012 at 12:46
i have not been able do understand why dismissal from service disqualify a govt employee from future govt employment while removal from service does not? please explain why dismissal from service disqualify a govt employee from future govt employment, what are the reasons?
Anonymous
30 January 2012 at 00:47
sir
i was a sub-assistant engineer under govt of west bengal from 3/10/2000 to 23/3/2007 and i resigned from the service and joined in airports authority of india (CPSU) as junior executive engg. on 26/3/2007 wihout any service break and through proper channel and now i am working asst. manager in this organization . presently i am selected in indian engineering service examination(UPSC) of central govt.if i joined in this service do i get
1) pay protection ?
2)am i eligible for old pension scheme as i joined in govt service (under govt of west bengal)in the year 2000.
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Statutory compliance most relevant to staffing industry
STATUTORY COMPLIANCE MOST RELEVANT TO STAFFING INDUSTRY
Labour Welfare Fund ACT Statement of Contribution along with cheque to be submitted to the Authority Concerned.
The Profession Tax ACT Monthly Returns along with cheque.
The Contract Labour (R&A) ACT, 1970 Half Yearly Return - by Contractor to be submitted to Asst. Labour Commissioner
The Maternity Benefit ACT, 1961 Annual Return
The (National & Festival Holidays) ACT, 1963 Annual Return.
The Minimum Wages ACT, 1948 Annual Return
The Contract Labour (R&A) ACT, 1970 Annual Return by Principal Employer.
The Payment of Wages ACT, 1936 Annual Return
The Employees Provident Fund ACT, 1952 3A & 6A Annual Individual Returns & Returns of Contributions to the Regional Provident Fund Commissioner.
The Employees State Insurance ACT, 1948 Summary of Contribution
The Contract Labour (R&A) ACT, 1970 Renewal of Licence .
The Payment of Bonus ACT, 1965 Annual Return
Shops & Establishment Act Renewal & Registration Certificate.
MEMBERS ARE REQUESTED TO AMEND AS NECESSARY SO THAT A COMPLETE PICTURE MAY ARISE.