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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Mr. Sanjay Kulkarni   07 January 2012 at 12:18

Minimum wages to be paid

Sir,
Many labours are employed in a PSU through contractors. The job work in for 2 hrs in a day. Whether the company has to pay for full day as per minimum wages act? Please clarify quoating law section details.

Karan Gaur   07 January 2012 at 10:02

Provident fund

am employee is paid Rs. 400 on daily basis for 12-13 days every month therby monthly Rs. 13*400=5200/-.

Now I want to know whether PF is to be deducted or not.

Anonymous   06 January 2012 at 17:29

Labour act

Hi,

how to find the places Area (A,B,C) in minimum wages Act, what is the penalty if a company not pays the minimum wages

whether the penalty is applicable to company if they employee contrator

Anonymous   06 January 2012 at 14:28

Bullying

in the conference calls, one of the senior guy of the company has been using abusive language.it has been recorded in the companies' storage gadgets...for ex:

1. not meeting the targets means sending your wife to somebody else as u are impotent.
2.rogues...etc...etc...

we are very much pained as the total non performance can be attributed to the companies mischievious things...and no credibility....
we want to teach that senior guy a fitting lesson.

please suggest remedies.

John   06 January 2012 at 14:11

Perfromance incentive not paid

Respected people,

I resigned from my current organization which I was employed for past 2 years.
My pay structure given in the offer letter is as below.




Remuneration package value
Annual gross salary ( INR): xxx(split as below)
Annual fixed income( INR): xxx
Annual performance incentive – base case(INR): xxx
The performance incentive will be paid out to the employee annually as per the company performance incentive plan . the actual payout amount will depend on the employee’s performance as well as the performance of the Unit during the year . the term “Base Case” implies employee’s individual performance meeting expectations.
Next salary review : April 01, 2012





Last year I got an annual incentive amount which is equivalent to 130% of the ‘base case’ given in offer, since my performance was above average(occasionally exceeding expectation).
This year, my performance review is done and I got the same above average rating and I do have the proof of this report with me.
Now, the company is not ready to pay my annual performance incentive component(not even the base case) giving the reason, I am not staying with the company till March 31.
But in my offer letter, this clause of annual incentive paid only if I serve till March 31st, is not mentioned anywhere.
But it was published in the company policy web site, which I could view only after joining the company.
My relieving is end of this February.
But when I joined this firm, I joined on December and that year I was given the performance incentive in a pro rata basis.

So do I have the right to claim this amount?

John   06 January 2012 at 12:26

Notice period considering my special case

Respected people,

I resigned from an organization which I was employed for past 2 years.

Here is the clauses in my contract regarding termination of contract.

"Either party for any reason whatsoever upon either party giving to the other party written notice of the period specified in item 7(which is '2 months'). of the schedule here to and this agreement and the employee's employment shall terminate upon the expiration of the aforesaid period. The Employer may in its absolute discretion, make payment of salary in lieu of the whole or part of any notice period given. The employer reserves the right to require the employee to not attend work or vary the employee's duties during any period of notice of termination given by the employer. However, during this period the employee will be entitled to receive the employee's normal salary and benefits of employment. Notwithstanding anything to the contrary contained in this agreement, specifically in clause 8.4(A right under this agreement may not be waived except in writing signed by the party granting the waiver and a provision of this agreement shall not be varied except in writing signed by the parties), the employer reserves the right to unilaterally modify the notice period specified in item 7(which is '2 months) of the schedule here to as may be necessary in accordance with its polices and/or in the best interest of the employer and its business interests."

I resigned on December 28, 2011 and the employer now insists on serving notice period till February 28th, 2012. This is the way they count 2 months but actually it is 63 days. But I have some specific situation that I need to get relieved after 45 days of notice and I have 10 paid leaves left and am ready to pay for rest 5 days compensation. I promised in writing to complete all pending tasks assigned to me before relieving.

In this case, my employer threatens that they will withhold my relieving letter and experience letters and cause trouble with my full and final settlements and cause trouble during any future enquiries by any other employers of mine.

Is it possible for my employer to force me to serve full notice period

Anonymous   06 January 2012 at 12:16

Concealing/misrepresentation of previous job

good day,
i am an officer in an autonomous body(govt organization). when i joined this organization i could not get proper relieving from my previous employer which was also a govt organization (as they were not ready to relieve me ).that is why i concealed about my previous service.

i joined my current employer without proper reliving and after one month i sent my resignation to my previous employer during the meantime, salary of one month from my previous employer was transferred to my band account. which means i took pay from two govt deppts (PSUs) for one month simultaneously . Later on i was removed by my previous employer on the ground of unauthorized absence.
now i am very worried that if my current organization get to know somehow about getting salary from another govt depptt simoltaneously i may land into some trouble . it is noteworthy that i tried to return that salary to my previous employer but they did not respond.
I want to know is it a serious misconduct and what would be the level of penalty? would i lose my job for such tiny mistake? God forbid.
For God sake give me a satisfactory answer i will be grateful to u

Ashish Sharma   06 January 2012 at 09:54

Bocw appplicability before board constitution

Dear Colleagues,
As we are aware that BOCW welfare cess paid after state workers welfare cess board constituted in the respective state, therefore, BOCW authority can insist Employer to deposit cess before Board constitution.


My concern is that I do not having judgment or literature copy to support above said comments.


You are therefore, requested to arrange to provide the same, if possible.


WBR,

A K Sharma
Human Resource

Anonymous   05 January 2012 at 21:38

Legal permisibiity

Please enlighten whether such administrative order which has been given retrospective effect and its implementation may affect adversely the interests of government employee, is permissible in Law.

If yes kindly quote the relevant Law. Also kindly help me by quoting the decision of High Court and Supreme Court.

If not kindly state Law or any judgement in support to 'No'.

I shall be very thankful for it.

Anonymous   05 January 2012 at 20:14

Minimum wages in karnataka

Please