Rupesh
06 August 2011 at 15:30
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
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
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.
mamta sanjay karkar
06 August 2011 at 10:09
mamta sanjay karkar
law officer
I want to know how the basic salary of any employee can be decided (legal base) ? I know the structure of minimum wages and DA that is declared by Govt. labour dept. But for PF concern how to make basic + DA from the total wages paid to an employee ? also can we pay any employee only 26 days salary in every month excluding sundays + National holidays ?
Mamta
Anonymous
05 August 2011 at 19:50
AN EMPLOYEE JOINS A PVT. LTD. COMPANY AND VOLUNTARILY EXECUTES "INDEMNITY BOND" OF2 LAKHS AS WELL AS "EMPLOYMENT AGREEMENT" (BOTH NOTARIZED)TO WORK FOR 2 YEARS.AFTER ONE YEAR, ONCE HE RECEIVED ANNUAL BONUS, HE ABANDONED THE JOB ON THE PRETEXT HE WAS NOT WELL.ON RECEIVING A COMPANY NOTICE HE SENT IN HIS RESIGNATION SAYING THAT WORK CONDITIONS WERE NOT COMFORTABLE.HE WAS SUPPOSED TO WORK FOR TWO YEARS OR PAY THE INDEMNIFIED AMOUNT. UNDER WHAT PROVISIONS OF LAW HE CAN BE SUED FOR THE RECOVERY OF INDEMNIFIED AMOUNT.?. WHAT ARE OTHER REMEDIES WITH THE EMPLOYER.?
Anonymous
05 August 2011 at 17:18
Sir,
Please tell me the standard salary structure as per law percent wise
Anonymous
05 August 2011 at 15:55
sir
if we did not file our EPF and ESIC Return and challan then what is the penalty and interest
NITIN
05 August 2011 at 14:19
Ours is a limited company. Recently PF inspection was done for the last 10 years.
We had not deducted and paid PF from the salaries of certian employees thinking that they are not covered.As per PF inspector these employees are covered.
Inspector has calculated a liability of around 5 lacs which represents employee and employer contributions. The question is, if we are on the wrong side of the law, then how can we pay the contribution for employees now, when almost all of them have left our company. We do not know their whereabouts. In whose account this contributions will be credited. We have not deducted any amount from these employees. Is there any legal remedy? What will be our further liability in terms of interest and penalty? Further if all these employees were getting less than Rs.6500/-, then should the contribution be 12% of Rs.6500/- or it will only be on the basic? How can we break up the salary today into basic and other allowances, when we have not shown any such break up in any of our books of accounts for all these years. We are paying PF of other employees regularly for all these years.
Anonymous
05 August 2011 at 11:45
Dear Sir,
Kindly confirm me whether CAT can hear cases related to service mattersof working officers ( i.e. pay fixation of officer on promotion/selection )of COAL INDIA LIMITED ( A Govy. Of India undertaking ) Public sector?
Has any amendment in this regard taken place in recently past one or two years.
thanks & regards.
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