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.
Rasmi Ranjan
12 May 2011 at 10:49
Hello sir.
I am an employee of an IT organisation in Hyderabad,I joined the org in Jan 2011 as it is a start up and i thought the opportunity will be enornous.But later i found out that the MD is playing gimmicks of all kind with resources (13 resources, 1 fresher left last month against whom the MD is conteplating filing a civil and a criminal suit).
Now he is going against all the promises made before joining organisation ( like changing the company policy abundantly just to force resources not to leave the org, but trying anything not to give resources their fare share of salary for example he deducted INR 34000 this month from my salary towards Tax for the whole 2011-12 in advance).
NOw i want to leave the org by any means and for that i was going thru offer letter and found out the below mentioned clauses.
Clause 1. Your first year of service will be the probation period during which you will be appraised for satisfactory performance for which ORG would normally confirm you.
If your performance is found unsatisfactory, company may extend probation period by 6 more months or terminate your employment with immediate effect.
During extended probation period, if your performance is still found unsatisfactory, company may terminate your services forthwith without any notice whatsoever.
The terms and conditions of the training will be governed by ORG policy.Company reserves the right to modify or amend the training policy.
Clause 8.Notice period - During your employment with ORG, including probation/training, either you or ORG can terminate the appointment by giving 3 months written notice.
Clause 7. Service Agreement - As org will be incurring considerable expenditure on your training/initial cost, you will be required to execute an agreement to serve ORG for a minimum period of 1 year after joining with ORG, failing which, you will be liable to pay Rs 2,50,000/- towards the training /initial cost expenditure.
To me, clause 1 and 8 seems contradictory while one says he can fire me any time and the other says about 3 months notice perioid.
Hence, please let me know if i will leave the org now ( i am in probation, not confirmed as a permanent employee ), how it will affect me legally ?
And clause 7 says about paying back 2.5 lakh if i leave before completing 1 year.But some people say it is illegal and will be null and void before court of law.
Please suggest how thse 3 clauses will affect me legally in case MD files a suit against me if i will leave the org now as i am in the middle of life and death regarding my career here.
I will be grateful and obliged.
Please mail me at prasmiranjan@gmail.com so that i can contact in case i will need legal help regarding this.
raghavendra
11 May 2011 at 21:19
sir
can anybody inform about the amendment in minimum wages act and workmen compensation act and if any other acts
thanking you
Anonymous
11 May 2011 at 19:47
Dear Experts,
I need to send legal notice to my ex employer because they have not cleared my dues despite of many reminders.
kindly suggest how much legal notice sending will cost .
Rama mohan Acharya
11 May 2011 at 14:08
In a CPSU the work of sanitation and loading unloading is being carried out by awarding contract .Is the bonus is applicable to the contract workers working in the PSU . My querry is in relation to the section 20 of the Payment of Bonus ACt.
Kindly advise
Imran Ahmed
10 May 2011 at 21:56
On 16.4.2011 I have made a complaint against a clerk posted at a SDM court in Dist.Unnao U.P, for almost 20 yrs, the complaint was addressed to the Chairman, Revenue Board,U.P and copies of the complaint endorsed to the Commissioner,Lucknow Div. and the D.M. Unnao as the person comes under Revenue Board. No action has been taken so far the SDM is investigating under whom the clerk is working. What shall do, can I move the High Court for his transfer as he is continuously posted at the same place for almost 20yrs despite to Govts clear directive(G.O) please suggest the way out as I believe that no action can be taken against the clerk. Imran Ahmed
rohit karbhari
10 May 2011 at 02:54
Respected sir,
Under the below given situation please advise the legibility of the claim of arrears of the presently continued employees and the VRS opted employees.
Year of VRS : 2001
No of employees: 650/700 employees. opted for VRS- Around 100 employees yet in the employment.
Last Charter of demand settled : 1995.
Charter of demand period : 3 years.
Charter of demand submitted but not negotiated :1998,2001,2004,2007,2010.
Present status of C.O.D : Not yet discussed with the management and the bargainable employees are paid their salary and wages as per last negotiated Charter Of demand.
Management Policy: The company being a multilocational unit have settled the COD with the other units and have paid the dues and arrears as per the new effective COD as and when negotiated and accepted, except for 1 location wherein a group of 100 employees are deprived of this right since the year 1995 till date
The query with subject to the above mentioned situation kindly advise :
1. How the left employees can claim their Arrears on the pre-VRS period for the unnegotiated COD (i.e 1995/2001) from the employer, which as on date is not settled?
2. Can the management skip the period of 1995 to 2010 as unsettled and period and settle the COD with current date, and deprive the VRS opted employees from getting their dues?
3.In case if the employer employs some of the VRS opted employees in the company/group company/Relatives company can become a fair enough reason to pay the VRS opted employees as per some legal guideline?
4. What should the currently employed employees do in case if the management applies a forced implementation of the Cod depriving them from their fundamental right?
5.Can the dues be claimed for the undue delay with interest charges in case of VRS opted employees?
6.In case if the claim has to be approached by the group of people,Please kindly guide us on that matter.
Thanks.
Yours sincerely
rohit.j.karbhari.
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