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

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Anonymous   09 August 2011 at 13:46

Payment of hra stopped

Our office on the basis of OM No. F12034/1/2007-Pol-III dated 14.11.2007 have stopped payment of HRA to all the employees who were forcibly allotted givt. accommodation but did not take possession stating that "HRA will be only paid if they have applied and have been denied Govt. accommodation". This is being done to all employees whither they they are residing in their own houses or rented accommodation.
Please guide us with your expert advise.

Rahul D   09 August 2011 at 11:53

Graduity period

Dear Sir,

I have completed 4 & half years with the Insurance Broking Company & now I am going to resign for t Job.
One of friend told me there is some change in the eligibility period.

So please confirm whether i am eligible for the Gratuity.

Regards,

sambasivakamasani   09 August 2011 at 09:31

Responsibility of principal employer in case of service contract

Dear collegues: Please clarify the following issue.

I have requested the Principal Employer to provide me a copy of register of wages or muster roll cum wage register of a Contractor duly endorsed by the representative of Principal Employer as per Rule 73 of Contract Labor (Regulation and Abolition) 1970.

Both CPIO and First Appellate Authority replied "that it is a work contract where payment is based on work done. Hence, the wage details if any, are available only with Contractor".

I feel that whatever the contract, the Principal Employer has to ensure the labour rules implementation and hence certainly has the accessibility of the records. Pl. clarify.

Anonymous   09 August 2011 at 02:55

Graduity

Dear Sir and Experts,

I have file the complaint to the controlling authority regarding non payment of my gratuity amount by my employer. I have completed more than 7 years in the organization. I have submit all the relevant and original documents with salary slip. The salary slip what they given me that time is is mentioned only the salary, there is no other things mention. I have apply gratuity based on that salary slip. Now they submit the false salary slip with basic, hra, da etc. which is not mentioned in my salary slip what they given that time and I have the salary slip with stamp and sign of company. Can you guide me what I have to do now to show my true details. Now, company going to cheating with me.

Please advice me.

Thanks in advance.

joseph   08 August 2011 at 20:48

Maternity leave extension


I am Software professional working in an IT company for 2.5 years. I took maternity leave for three months.
For extending my leave for another 90 days I applied leave to my company with medical certificate. But company says they can give leave only for 40 days.
Is there any provision to extend my leave for 90 days?

Anonymous   08 August 2011 at 20:21

Termination from employment


Can an employer legally terminate an employee on the ground of misconduct when the employee was found submitting fabricated bills and documents to claim his non taxable reimbursement claim (whis is a part of his salary component and it was paid for more than a year ealier of similar type claims by the employer ) ? Will termination be a right decision if other recourse available. If not what action may be initiated against the employer if terminated?

Santosh Gupta   08 August 2011 at 12:05

Pf contribution by employee

Sir, though I was not mandatory covered under EPF Act, I was voluntarily contributing to EPF in my previous employment with other covered employees.

Now my new employer is not covered under the EPF act, but want to save and continue contributing to EPF. How can i do so.

Additionally I am also having PPF account and contribute 70K p.a.

K V Subba Rao   07 August 2011 at 19:10

Eps 1995-rulle 10(2)-2 yrs weightage

As per Para 10 (2) of EPS 1995, “In the case of the member who superannuates on attaining the age of 58 years, and/or who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years”.

However, in case of Employees who fulfill the condition of retiring on superannuation, after attaining the age of 58 years, the RPFC of Andhra Pradesh has NOT been adding 2 years weightage to the Pensionable Service.

Please enlighten me the possible causes for denying the Benefit provided in the EPS 1995 and advise how I could get it

Anonymous   07 August 2011 at 19:10

Posting of government emploee at the same place for longer periods say more than 10 years

Can the employer(particularly government) use transfer as a camouflage to keep away one of its employees from a particular workplace on the ground of public interest to his detriment in respect of future prospect.

Although the employer's right to decide when and where to post its employee for extracting maximum gains has been acknowledged by the courts, in exceptional cases, where the facts are so glaring that its conscience is shocked, then courts can interfere and operate the scanner of its judicial review.

Kindly quote citations if any.

Anonymous   07 August 2011 at 12:41

Minimum wages in delhi

An Ex-Employee has sent his 15 year old brother to learn the work in a Shop in Delhi (as Apprentice).

Now tell me that,

1. Whether the minimum Wages Act applies in this case ?

2. Whether he will be treated as a labour ?