Venkattaraman Arthanari
22 October 2011 at 16:22
Dear Learned Members,
We are paying salary to our employees as per the details given below:
Basic inclusive of DA is 50% and HRA 50%
At present we are deducting 12% from the employees as their contribution from their Basic and DA which is 50%to wards EPF Contribution.
e.g. salary 7,000/-per month
P F calculated 50%of gross i.e.3500x12% =420/-. Where as the P F authorities says we have to calculate PF as follows:
Basic is 4900(70%) and HRA is 2100(30%) and the PF contribution is 588
PF Authorities insists us to pay the
contribution on 70% on Basic pay.
In the EPF act no where it specifies that we have to pay 70% as basic.
I kindly request the learnerd scholars to give your expert advise on the above subject.
shahzad sheikh
22 October 2011 at 12:18
Dear sir/s,
7 years back, we ran a business from a rented premises.few months after starting the business from that premises, we had a visit from an ESIC officer who forced us to write doen the names of all those present in our factory premises and added the total to 20 workers and asked for us to be registered. after a month ,we left the premises.
After 2 years, we received an ex parte demand and the calculations were done on ad hoc basis raising a demand.
we went and met the directors of the ESIC at andheri east,and presented following papers saying that the operations were closed after a month from the visit of the officer and the calculation is unjustified :
1. MSED confirmation that we have closed operations
2. letter from owner of the premises that we have vacated the premises.
however, the officer,Mr.B.P Pandey, present said that they were vested with powers to arrest if payment is not made. and they insisted that ,there is no point fighting because,50% of disputed amount has to be deposited,in case of trial , and even if we win, they will take 30% of the amount as it is.
when pointed out that these are extotion tactics,he merely laughed saying that we should do whtever we want and nothing can be done about that.
we reused to pay saying that it is an unfair demand.
to that,he attached our bank account and issued arrest warrent, had me arrested by the police, had me brought to the ESIC offioce ,and said that we will put you behind bars if you dont pay immediately.
Under a lot of pressure, we had to make the payment of not only the demanded amount but also the arrears which included the interest charges, police charges and whatever else,till date.
we gave them a dd alongwith a "paid inder protest"letter,which they acknowledged and gave back.
now,after a year, we get a demand notice saying that we paid only the disputed amount and the interest till date has to be paid ,whereas the receipt taken from them clearly states the amount breakup includes all interest till that date of amount being paid.
we are harassed by these legal extortionists and we want a way out. Now, we also want our money back,alongwith interest from them.
kindly advise.
Anonymous
22 October 2011 at 00:29
I would like to have clarification for the following scenario as it pertains to inter se seniority in my organization BSNL.I am a directly recruited grroup B officer in BSNL.one of my collegue in the same group B officer cadre had taken extra ordinary leave (leave without pay) for about three and half months with valid madical cerificate and sanction, when he was under probation.but his period of probation was neither extended nor was his date of confirmation.confirmation against the post follows probation and both of us were recruited directly through same all india competitive exam in the same recruitment year.should he loose his seniority for the period for which EOL was taken ?can i demand his probation and date of confirmation extended?can i demand downgrading of his seniority ?
Anonymous
21 October 2011 at 14:52
Dear Experts,
Is it legal to pay two different rates of Statutory Bonus for Continuing employees & left employee ?
Anonymous
21 October 2011 at 12:18
Pls. clear it, Where an employee intitle to take leave after how many working day?
T.H. Sree Rama
21 October 2011 at 07:59
Central Government Employees are getting Pension facility - so much so the Central Autonomous Bodies. Even the Private Sector Employees are getting covered by Employees Provident Fund's Scheme and getting Pension with retrospective effect from 1-11-1993; Some of the Central Public Sector Undertakings are granting pension to their employees retiring.
Another signifying factor is that certain Central Public Sector Organizations coming under the same Central Ministry, differential treatment is meted out to the employees. for Example, Employees of Food Corporation of India under the Ministry of Food are getting pension facility whereas the same is denied to the Employees of Central Warehousing Corporation, 4/1, Siri Institutional Area, Huaz Khas, New Delhi - 110016 coming under the same Ministry of Food.
Where is justification? Why it is denied?? The Managing Director Mr. Patnaik of Central Warehousing Corporation, New Delhi, who was once the Personnel Manager of the same Organization is remaining silent over the issue. I am told, oflate, a proposal has been moved and received consideration and any time orders are likely to be issued for granting pension to the Retired employees of Central Warehousing Corporation but effective from 2007. It is quite absurd. How those of the employees who retired earlier and also those who favoured the organization by fighting and opting for Voluntary Retirement under Golden Hand Shake Scheme as early as 31-3-1994 can tolerate this injustice??? In fact I - myself- joined Central Warehousing Corporation on 28-4-1978 on Deputation on one's Own Terms from the office of the Director of Audit, South Central Railway, Secunderabad, Andhra Pradesh under the control of the Comptroller & Auditor General of India. In fact, my service was treated as continuous by getting such service counted in CWC, my initial date of appointment being 3-11-1969 in the office of the Accountant General, Andhra Pradesh, Hyderabad. By that time, I had completed 8 and half years of service.
Please pass on your valuable comments on this issue so that I am going to take up this issue on a large scale coming to the rescue of thousands of such similarly placed individuals.
Yours Sincerely
T.H. Sree Rama
Flat No.18-33-6, First Floor, Mak Towers, Zahid Nagar, Street No.2, Opp. Survey of India, Uppal Road, Hyderabad - 500 039, Andhra Pradesh, India
09866497168
914027202793
thsreerama@yahoo.com
merimadadkaroplease@hotmail.com
thsreerama@rediffmail.com
sthumakunta@yahoo.com
Dated;21st October, 2011
Anonymous
21 October 2011 at 00:04
I understand that the minimum bonus payable is 8.33 % of the yearly basic salary.
Maximum bonus is 20 % of the basic salary. Now in between these limits, what is the exact % of bonus payable to their employees by any business operating in Maharashtra?
Anonymous
20 October 2011 at 18:33
In State Govt. owned company having 24 hours working power generation employee always work for more than 8 hours (8.30 Hrs). Can he ask for extra for this 1/2 hour.
What is legal rest time between each regular duty in 24 hours factory.
If an employee working duty hours 15.00 to 23.00 for day1 next day2 07.00 to 15.00 & third duty on day2 23.00 Hr To07.00 Hr(Day3) Is it Legal.
Anonymous
19 October 2011 at 13:33
What is the basic premises that an employer defines a period of notice for separation from the employment?
If the the basic premises is not harmed then how does an employer have the right to file a case against the employee, just by signing the employment contract? This can be very well be used for harassment by the employer and also a source of income?
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Arrears of contract employment
I am an Engineer working in port of cochin(Govt establishment) .I was employed on contract basis and has recently become got became regular employee(permanent).My employment contract terms and conditions says my salary will be same as regular(permanent) engineers &
if there is any increment in salary of regular(permanent) engineers the same increment will be given to me.When new pay commision was implemented there was a hike in the salary of permanent engineers,but me being a contract engineer that time was not given the hike .After a lot of writing to the management they hiked my salary to the same level as pemanent engineers but it took almost 6.5 months but without any arrears.So I have asked (wrote a letter)for arrears which they have not given me.Are they not supposed to pay it as per my terms and conditions?What should I do if they dont pay me my arrears?Can I ask for a reply under RTI act so that they can give a just answer?What should I do if they say they have financial crunch and not in capacity to pay my arrears(Pls note it is a Govt establishment running in loss)?Can I put a case and will court support me even if the Govt establishment is in loss?