Rizwan Pathan
16 June 2011 at 13:03
Dear Sir,
We found one of our empoyee sleeping at night on work place in that circumstances what steps should be taken against him as per standing order or modal standing order.
Thanks & regards,
Rizwan Pathan
Rizwan Pathan
16 June 2011 at 13:00
Dear Sir,
If dipute arised between empoyer and employee what is the legal procedure as per Industrial dispute act and Arbitration and concilliation act(1996)
Thanks & regards
Rizwan Pathan
shiksssssssss
16 June 2011 at 12:15
If a company is using services of contractual employees in all functions in various roles. Company has appointed employees on contractual basis and pays them consultancy fees for their services after deducting TDS.
Total no. of employees on contractual basis is 80. And 42 employees are receiving wages below Rs. 15000. The nature of work of employees is administrative, clerical, accounts, warehouses supervisor etc. and company is not deducting and contributing any PF and ESI for contractual employees even if the employees are covered under minimum limit of wages as per ESIC Act.
As per section 4 clause (a) of Labour Contract Act 1970 Contract is applicable to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour.
As per section 2 clause (i) "workman" means, any person employed, in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person -
(A) who is employed mainly in a managerial or administrative capacity; or
(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature;
Please through light on the below points:
1) do all the contractual employees cover under the definition of "workmen" or don't cover due to sub clause (B) of clause (i) of section 2
2) Is company not liable to contribute ESIC contribution for employees whose wages are less than 15000 Pm, If all the employees are covered under group Medical insurance policy of company.
3) Please explain the procedure of taking exemption
Please suggest on the following points:
1) Is company liable to get register in Contract Labour Act?
2) Is company liable to deduct PF for contractual employees?
3) Is Company liable to contribute ESIC, even if
Anonymous
16 June 2011 at 11:53
Sir,
My friend worked with a company for almost 6 months and he left the company without notice. Nothing happened for an yr and after an year he got a summon sent by that compnay that with a penality of 4 lacs.company has claimed for notoce period 2 months/ Relocation expenses that candidate has taken and amount which their client had suffured)
Nothing is mentioned in his employement letter about relocation and he did not get confirmation letter and moreover he said he was into recruitment and never signed a contract with any clientand never involved in any project of any client. Kindly suggest what can happen in this case. he is very dippresssed guy.
Hope to hear from you soon
N.J. MISHRA
16 June 2011 at 09:05
PLEASE MEMBER KINLDY GUIDE ME:
EDUCATIONAL INSTITUTE AFFILIATED TO ANY UNIVERSITY IS AN INDUSTRY UNDER INDUSTRIAL DISPUTE ACT, 1947, BUT IT IS EXEMPTED AS A COMMERCIAL ESTABLISHMENT UNDER BOMBAY SHOP AND ESTABLISHMENT ACT. WHICH LAW WILL APPLY AND WHY, I AM CONFUSED. KINLDY GUIDE ME IN SOLVING MY DOUBTS
Anonymous
15 June 2011 at 23:21
Hi I was working in a nationalized bank in clerical post and then I got job in a different bank and joined there.I tendered my resignation at my 1st bank and cleared all my dues,surrendered 1 month's salary and my branch manager also forwarded it by recommending for acceptance to higher authorities. Expecting that i would be immediately relieved,i joined my new bank the very next day.Somehow The Bank authorities came to know about this and issued "show cause notice" and "charge sheet" to me how I joined a new job before getting released. They also sent letter to my new employer. Now my new employer has asked me to get my relieving letter. Its been more than 8 months but they still haven't released me and my job confirmation at my new place is pending for that.while resigning I fulfilled all the criteria for a resignation to be accepted. Please suggest How i can get released from them?
Anonymous
15 June 2011 at 22:32
I work in a manufacturing organization where we have 8 unions. On union called Employees union was led by a senior trade union leader. The union has built its office with the funds of the union members and the union leader use to live in the first floor of the building. Suddenly the union leader died. The union its general secretary as president of the union. slowly there are differences in the union and there was a split. One lead by the newly elected president and another by former leaders son. The former union leader son lives in the union building. He did not vacate it from this fathers death. Some Union members insisting to vacate the building and some support them not to vacate. Now the question is:
1) Which court has the jurisdiction to deal with this matter? Labour Court or the Civil Court?
2) Which union should we recognize after its split? both are representing in the same union name and registration number?
3) What action can management take?
Regards
Ganesh Kumar
vvgk99@rediffmail.com
Jagmohan Rawat
15 June 2011 at 14:51
Dear Friends,
Kindly let me know whether a Pvt Ltd company which is making losses since the the 2 years of its existence is required to pay minimum bonus to the employees. It has approx. 30 employees on payroll.
Anonymous
15 June 2011 at 14:46
Hi,
Need guidance please.
A situation where employer verbally says he does not have sufficient funds to pay salary for last 3 months.
What is the action to be taken by employee in that situation.
Any way to get the dues settled immediately.
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Regarding Legal notice to my friend! urgent
Case in detail
My friend joined a compnay in Dec 2009 and due to unnessary comments which he has to listen from seniors even after a fantastic performance he left the company without information in May 2010.
After an year he got summons on the address which he use to reside. Which contained
Amount against notice period not serving( 2 months salary) + relocation amount which company paid him to move + Iphone which was given to him by company + Client suffered amount= total 4 lacs
As he left from that place and now living at new place he heard all this stuff from one of his close friend and he also told as it was on his( friend) name and postman only can give it to you.
Now in his employement letter when he joined nothing was mentioned about relocation also no phone was given to him and as he worked as resourcing executive their was no bond involved from company and his client.its only mentioned that incase you leave you will have to pay 2 months basic.
I hope now it has given a clear Idea to everyone
Queries not comes is
1. Is company can take legal action after 1 year.
2. When no equipment was given how copany can claim that if required can my friend put a case against company
same goes for client suffering.
3.as he is livin at new place and summons were not accepted by currently residing person. Will any arrest is involved into it.
He is a poor champ and belong to a family who never ever faced such problem.He is under dipression after hearing this beacuse he has never harmed anyone as far as i know.
Pls suggest how he can come out of this problem.
looking forward to a reply which gives motivation to this guy.