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

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shailesh pandey   19 November 2011 at 11:27

Minimum wages

Dear Sirs,
for calculation of minimum wages basic + special allowance is taken . there are zonal wise I,II & III rates. Ours company is situated in Khopoli (Raigad)Maharahtra.
In which zone it comes. & what would be the minimum wages.please provide the same.

Anonymous   18 November 2011 at 19:45

Dying youth because of employment bond

Dear Experts,
I need a very urgent advice from you. I am a graduate engineer and i have recently joined an engineering MNC.The company asked us to sign the bond of 2 lakhs for 2 years without which we cannot join the company. Before joining they didnt state what job profile they will provide.For one month they conducted an oreintation program in which we were introduced with companies businesses and art of living programs and as such programs. Now its been one month that I am working in office. The job profile they have given is not what I wanted to make career in and for past one month I am very stressed. Just for 2 days I got another offer from another company with the job profile I desired but they are asking for the Relieve Letter. Now in case I have to get the Releive Letter I will have to pay 2 lakhs. I am financially weak and I already have taken an education loan for my education.I talked to my seniors and they said that the HR are very rude, adamant and strict and they wont let me go without paying money.I dont have money and I dont want to work in the company.I have attached the Bond soft copy and the offer letter. Please help me what to do. Please.

Anonymous   17 November 2011 at 19:39

Whether jmfc have jurisdiction of section 630 of companies act?

If yes why?
if no why?
where i find more details

Anonymous   17 November 2011 at 12:27

Regarding epf payments-final withdrawal-pending from last 10 months

Dear Sir/Madam !

Greetings for the day. I worked for BSNL(Mahaerashtra Telecom circle) and resign from service in July,2007. Since then i am working abroad. I ahve applied for my EPF and other benefit withdrawal 02 time from last 05 years but rejected due to small mistake from BSNL.
Now my last fully completed application form for EPF withdrawal is pending from 11-02-2011(10 months),Bandra EPFO. I came India in june 2011 and Oct-2011 and meet Assit commissioner Mr A.B. Lute and concerned clerk Smt. Seema Mhatre but till date it is not cleared. They are always telling it will be cleared and do not worry. I sent my father many times who is very old but still no solution.I have written many mail regarding this issue to CPFO,REPFO and PRO,Bandra,Mumbai office. Kindly advice me what legal action i can take on EPFO,Bandra since i am residing abroad so my father will represent. Any expert lawer from Mumbai in such type case will be highly appreciated. Kindly reply personal email address: anil_mishra707@rediffmail.com


With best regards!

Anil Kumar Mishra
EPF No. MH/BAN/46391/776

SK Sharma   17 November 2011 at 11:21

Registration with esic

Ours is a Central Govt. office. Apart from the regular Govt. staff, we have hired some staff which is outsourced from a placement agency. The number of staff is 18 and their salary is below Rs. 15,000 p.m. The registration matter was taken up with the agency who informed that since the number of employees is less than 20, registration with ESI is not required. Is it mandatory for the placement agency to have ESIC registration. How we can ensure that?

krishna   17 November 2011 at 09:03

Nonpayment of salary and threat of legal action by the employer

hello sirs.
This case pertains to a close friend of mine staying with me in U.S.
He was appointed by an Indian company for the formation of its subsidiary in USA and to head that office. He made frequent visits to U.S. for the purpose, formed the office with help from his sister who is a US clitizen ,with permission from the Chairman of the Indian company . He was transferred to the US subsidiary and also obtained green card through the company. After running the US subsidiary for six years, out of the bloom, he was transferred to India, which he was unable to comply with due to family reasons and his daughters studying in college. He was asked to resign and he compiled and his resignation was accepted with three month's notice period and with effect from 16th August 2011.
Pay and allowances for the notice period, bonuses due were also promised by that date on handing over and for lengthy form as sent for the purpose and he was asked not to go to the office from 1`st of sept 2011.

A representative , who was supposed to take over, was sent from India to supervise the handing over.
The HO/TO from was completed, signed by both the parties and pending issues clarified by about 27th Aug,

But on 29th aug. , certain accounts issues were raised, containing two long list of discrepancies. These were explained with no further feed back, Incidentally, the accounts of this subsidiary branch were taken over two years back, the services of an accountant here being refused.

From about the middle of sept., issues are raised one by one, one relating to accounts, getting confirmation of b balances from creditors and debtors, (the specifics not forthcoming from accounts despite repeated requests) the other two being two operations ,that had developed some minor problems , which on no account are the result of failings of the US office. Many communications are there in respect of these two from then US office till date. These can be fully explained , if asked for.

He was asked to provide a personal indemnity bond for the above two which he refused.

Now the company has relieved him w.e.f.15th Nov. (end of notice period) with a threat of legal action soon. Notice period pay from 15th Aug, to 30th sept. 2011 has been paid here, but from 1st oct. to 15th Nov.2011 and bonuses due are withheld since indemnity bond has not been furnished.

If a case is filed , can it be from the parent company from India , in India or the U.S.Subsidiary in US.
If it is in India how can he attend being here in USA?

I would be personally be grateful for any advice'

thanks
Krishna

GIRISH SHARMA   16 November 2011 at 16:41

Daily or monthly rate of wages

Dear Sir,

1) To calculate DAILY rate of wages, should we divide the wages by 26 for all months i.e. including FEBRUARY ?

2) To pay wages as per MONTHLY rate of wages, should we divide the wages by 26 or 27 (exl. SUNDAYS) OR 30 or 31 (Incl. SUNDAYS) depending on the no. of days in that month ?

Kindly advise.

Thanks & Regards
G. Sharma

Himanshu28   16 November 2011 at 16:20

full n final

If Full N final payment is not done on time then what legal action we can take

Anonymous   16 November 2011 at 14:27

Full & final settlement

Is there a clause for full & final settlement what was the time limit to do settlement after notice period

rahul   16 November 2011 at 11:42

Bombay shops establishment act 1948

How to maintain the register of Bombay shops Establishment act 1948.