sumit gururani
13 May 2011 at 22:14
Dear Expert, greetings! iam working in a japanese organisation (but a pvt ltd in India) where the office timing is 9 to 5.30(1/2 hour break) six days a week.we are permanent employees and not outsourced. But now organisation have laid down a rule that if a employee is late for even 1 minute then it will mark as late and 1 hours salry will be deducted. Furthermore if we take the leave for one day or more days the salary will be decucted for that without adujsting any thing. and the bais of dectuction will be of only working days. for example a person is having 31000 salary for may and had take the leave of 5 days the they calculated dedutction as 31000/24=1292 perday *5=6458! i think it should be 31000/31=1000 perday*5 =5000! So we are very much worried . can you please suggest us the solution by mentioned the case law or section or act. to show the things to the management. please send me to sumit.gururani@gmail.com iam really really need your help.
N.J. MISHRA
13 May 2011 at 16:47
please member kinldy guide me:-
what are the difference between the unskilled and casual labours.
whether casual labour falls under the purview of Payment of Minimum Wages Act.
whether educational institution registered under Mumbai Trust Act are considered as Commercial Establishment under Bombay Shop and Establishment Act.
whether Casual labours are entitled for Gratuity and bonus.
whether attendence card cum wage slip are require to be provide to the casual workers
whether Equal Remuneration Act applies to Casual workers.
kinldy requested to do the needful
Anonymous
12 May 2011 at 23:07
Sir,
My employer has obtained interim stay against Labour Court judgement without 17-B compliance.
now with money power they are not letting the case to e listed for argument before the High Court Bench since last 3 months.
my coucils are suggesting me to keep quite and wait. pl suggest me what to do as i am out of employment for last 15 years.
Anonymous
12 May 2011 at 23:06
Sir,
My employer has obtained interim stay against Labour Court judgement without 17-B compliance.
now with money power they are not letting the case to e listed for argument before the High Court Bench since last 3 months.
my coucils are suggesting me to keep quite and wait. pl suggest me what to do as i am out of employment for last 15 years.
rohan
12 May 2011 at 21:43
Hi, I'm working with a company in Bangalore since 5 years.The notice period in the appointment letter is 60 days.Now the company has changed the notice period from 60 days to 90 days from 12th May onwards.The employee handbook which descirbes things like code of conduct and other things has been updated with notice period of 90 days.Do i have the right to say that i can give only 60 days notice period ?
Thanks.
Anonymous
12 May 2011 at 18:56
What are the criterion under which the Court may issue Notice to the opposite party?
Where is it laid out?
How does a Court issue the notice?
N.J. MISHRA
12 May 2011 at 16:15
PLEASE MEMBER KINLDY GUIDE ME:
OUR ORGANISATION IS AN INSTITUTION. IN OUR INSTITUTION APART FROM PERMANENT EMPLOYEE THERE ARE ALSO UNSKILLED WORKERS.
IN RESPECT TO UNSKILLED WORKERS I HAVE TO FOLLOWING QUERIES:
1. WHETHER UNSKILLED WORKERS ARE ENTITLED FOR PERMANENCY IN THE INSTITUTION BECAUSE THEY HAVE COMPLETED 240 DAYS OF EMPLYMENT. THE ORGANISATION HAS DONE ONLY SOCIAL SERVICE BY EMPLOYING THE LOCAL VILLAGERS TO DO CERTAIN SMALL JOBS SO THAT THEY CAN EARN THEIR LIVELIHOOD.
2. THE INSTITUTION WAS ONLY PAYING THEM THE SALARY IN CASH AND HAVE NOT MAINTAINED ANY RECORDS AND HAVE NOT PROVIDED ANY OTHER BENEFITS TO THEM LIKE PROVIDENT FUND, D.A., H.R.A., MEDICAL FACILITY, MATERNITY BENEFIT OR LEAVE BENEFIT.
4. GOVT. LABOUR OFFICER CONDUCTED INSPECTION OF OUR INSTITUTION AND HAS MADE A REPORT STATING THAT INSTITUTION HAS COMMITTED BREACH OF NUMBER OF RULES OF EMPLOYMENT RELATED ACT. AS WE TOLD HIM THAT THE THE INSTITUTION IS A TRUST AND THEREFORE EMPLOYMENT RELATED ACTS DOES NOT APPLY. FURTHER, HE STATED THAT SINCE THE INSTITUTION IS PAYING SALARY TO ITS EMPLOYEE AND ARE TAKING FEES FROM THE STUDENTS FOR PROVIDING THEM EDUCATION, IN THAT SENSE THE INSTITUTION IS NOT A TRUST BUT IT IS A COMMERCIAL ESTABLISHMENT AND HENCE THE INSTITUTION HAS COMMITTED BREACH OF NUMBER OF RULES OF EMPLOYMENT RELATED ACT.
NOW WE HAVE TO FILE OUR REPLY TO THE REPORT PREPARED BY LABOUR OFFICER, KINLDY GUIDE ME TO DEFEND OUR CASE.
sanjeev kr. kushwaha
12 May 2011 at 15:21
Dear sir,
i m working in MP govt electricity distribution company ,if i will be terminated from service, will i be blacklisted to apply from other mp or out of state govt services. Experience certificate will be given or not.
Actually i m doing job but i m not satisfied with this. now i m working due to bond. my bond duration is 5 years from first appointment after one year training. if i leave this prior to bond i will have to pay the bond, if not they will terminate me but i want to go without termination and without bond. what will i do...?. i had joined this 2007. after one year training appointed as regular AE. what should i do to leave this.
Anonymous
12 May 2011 at 12:56
I am a bachelor and have joined a PSU few months back. The PSU is at its inception stage and hence no quarters are available for its employees. My employer has provided me accommodation in bachelors’ hostel at present which is twin sharing basis. Now I wish to take a rented house outside for personal reasons, but my employer states that I will not be entitled for HRA even if I take a rented house. As per my grade, I am entitled of office quarters which are not available at present.
Kindly clarify if at all my employer can deprive me of HRA without providing me office accommodation as per my entitlement. Can you please provide me the rules/ laws under with I can claim my entitled HRA.
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Urgent Advise
Dear Experts,
Greetings
We have a Manufacturer Unit which we have started in 2008, and we have took Labour from Manpower Agency. Few Month Back two Person suddenly left their job & we request them do not go but they did not bother our request.
Now they have send us Labour court notice & they have put allegation on us not giving monetary benefit. Even our factory is running in loss & we are giving them PF ESIC & OT. They have file case in Labour court through Union(Payment & Wages Act 1936). But they work in our Factory But they are not our employee. How they can file case against us. They have calculate the salary of few days & multiplied with 10 times Penalty. what is the bonus defination is it complusory for every firm even the firm is running in loss.
Please help us. We don’t know much about these law, what to do. Should we pay them Please advise.
Awaiting for your reply.
Best Regards