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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 ?

Anonymous   06 August 2011 at 17:35

Advice

I have taken VRS from insurance company after 28 yrs of service n& I received PF ,GRATUITY,LEAVE INCASHMENT, COMPUTYATION OF PENSION,GROUP LIC . I want to know which amount is tax free & which is not.

Rupesh   06 August 2011 at 15:30

Factory Act

Dear Experts,

I want to know that a Kitchen is established to supply the food in companies, It employees less then 20 employees. Is it come under factory act. Labour Department had already issue the shop and establishment license. Now the other department(Industrial Safety) says that kitchen comes under the factory act. pl. guide me what to do. If it comes undr factory act How can the the labour department issue the shop act license.

R.K. Arora

AVINASH PANDEY   06 August 2011 at 13:05

forced to serve the company during the notice period

No.
No one can force you to serve the company for full notice period without salary. it will amount to forced labour.

V.N.K. MENON   06 August 2011 at 12:27

Emplloyees Provident Fund & Misc. Act 1952

History of the case: A person had made a complaint to Central P.F. Comm . which in turn was sent to Reg. P.F. Commissioner (RPFC) to take action u/s 14-B of EP & MP Act against employer for not having deposited p.f. contributions (employee + empr) due in the respective months from January 2002 to June 2002. Instead of sending notice to employer RPFC conspired with certain officials and employer deposited only the amount due and payable had it been deposited in the respective months of 2002. No interest as per S. 7Q of EP & MP Act was not deposited. The person had made complaints to CPFC, but no action was taken even though reminders were sent . As such made complaint to Secretary Labour, Govt. of India, in April 2011 – again no action was taken.
QUERY: Is there any limitation/ bar to file a case in the P.F. Tribunal u/s 7 I ( i.e. Seven i) or any other provisions and briefly state the procedure? Thanks in anticipation for early reply, please.