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gosc   02 February 2011 at 12:24

EPF & Pension Fund

Whether an employer can restrict the EPF recovery to Rs.6,500/- only even through the employee’s salary [Basic] exceeds Rs.6,500/- during their service, like the restrictions followed in Pension Fund [EPS], the pension fund amount which is to calculated on Rs.6,500/- only. Or the employer can ignore the salary ceiling limits to PF contributions and recover the PF on actual basic salary earned/given per month. Employees are willing to contribute to EPF and to Pension Fund on actual basic salary.

Whether an employer can recover and contribute on actual basic salary [more than Rs.6,500/-] for both provident fund and to pension fund if employees give their willingness in writing to employer.

Is there any legal/act binging on employer part that they can restrict their contribution to the basic amount of Rs.6,500/-

Anonymous   02 February 2011 at 09:40

ESIC Applicability

Sales representatives have to work in different HQs throughout the month. Nature of their work is such that they are in their HQ only for few days in a month. However their monthly salary falls within the ESIC limits.

Are they eligible to be covered under ESIC?

Anonymous   02 February 2011 at 09:33

Forced to resign as teacher over petty reasons

I was employed in a v.popular South Delhi based AC school as Primary teacher on contractual basis for 1 year.Contract said that in case of resignation or termination,15 days notice period will be given.



I was v.hard working and loved kids,but sometimes strict as there's pressure to keep pin drop silence in classroom.But there were some strange "rules" that I found unjust.Moreover I was victimized through politics of parents and colleagues and asked to leave with 3 months of joining only.I was asked to resign myself,else I will be terminated .Below were the reasons.



1. I'm not so social,but reserved.



2. I look "different".Actually I dressed simply while other teachers dressed up very glamorously,as if coming to a party.On weekends they dressed up in provocative very tight jeans or kurtas,that even senior students stared at them and giggled.Once a senior colleague remarked that I should wear "better" clothes,although my clothes are decent and simple.



3. I'm a separated woman and this was known to them.They related my reserved nature to some "abnormality" and said the same to my parents who had met the principal, begging her to give me one more chance to continue.

4. In my class there was a retarded girl with speech problem.When I joined this school her mum requested me to give her a bit more attention,to which I agreed.She also took my phone no.When my colleagues came to know,they stopped me from interacting with her as she plays politics and often instigates other parents towards teachers.I was also told not to give too much attention to her child,but only average,else other children will suffer.

So I had to follow them,being new.This was unknown to this parent and she thought I'm neglectful.So she instigated all parents against me,even though her daughter really liked me as I loved her a lot and always liked sitting with me in school bus.



5. After the above episode,my seniors instructed me not to entertain any parent who comes to meet me but send them to coordinator,as it's disallowed.I did the same.Later this create furore against parents who were unawre of any such instructions to me.

On being asked to resign,when I tried to explain to my coordinator that I was asked not to interact with parents,she did not give me any chance to clarify,but asked me to leave.

6. Once I gave a very light slap to a kid who was not doing his work.Otherwise I love him a lot,for which his mum has also thanked me personally.After this episode his parents came and told me strictly I should not do so and I agreed readily.This thing got amicably settled and the kid opened up with me again.Suddenly 1 month later other parents who had by now turned against me(as I never interacted with them)gave a letter that I'm cruel to kids,which is utterly wrong.On all festivals these kids have given me sweet gifts..If i was cruel they would not have done so.Also whenever a kid cried I hugged him and always appreciated weak kids who showed even slight improvement.

5. I was instructed that in this 6 hour daily job,I'm disallowed to sit at my teacher's seat.Even when children are writing in notebooks,I have to keep standing and go to each child one by one to ensure they are writing.I have backache.So I used to sit at my seat and call them one by one to my seat to check their work.It never affected their performance.Yet this was made an issue,as to why I "sat" in classrooms,when it's disallowed.They expected us to stand continously for 5-6 hrs.



6. Teachers get tiffin break only when kids go out for games period.If they don't go out due to any reason,we have to see them and avoid eating oor own tiffins.Once kids did not go out.So only after finishing my work, I was drinking tea in classroom.My senior saw me and scolded why I was having it,& reported to principal.

7. We don't return children their copies after cheacking them,but keep in classroom only.2-3 times by mistake few kids took their noebooks home.This irriated the parents and they fought loudly with my coordinator over this.2 days later I was asked to leave.

8. I was simply asked to leave without giving clarifications.I also had to hear a rude remark from principal that "I lack maternal instinct".The principal simply got reports about me from parents and colleagues.She never examined me personally.

9. If I was abnormal and cruel why did they not make out after 5-6 rounds of interview that I cleared for getting this job?A panel of people took interview.How did my nature escape their perceptions and intellect?



10. Other teachers are very strict with kids and talk very badly when they do not know the answer to any question.Under me,they were learning good conversational skills also in English,which my seniors don't know as they never let me clarify anything.

Kindly let me know pointwise only if these reasons are good enough to force anyone to leave,because after working here I feel they expect a human to work like a robot with absolutely no room for minor errors also.

Please give me legal advice as to what I should do,and what my legal rights are.I haven't resigned yet,although I have stopped going as per their instructions.I'm already crossed 31 yrs. and finding a job is hard,as they prefer younger ladies as Primary teachers.

Thanks

Nick   02 February 2011 at 00:16

Suspension from service

Currently my father was suspended from his primary school teacher service from arrest date onwards against 498A/304B ipc.My self is the prime accused persoin in this case.We made a petition against the suspension order and HC has given a order as below in quotation.

"
.....
After considering the submissions made by the learned advocates of the parties and
upon perusing the instant writ petition, this Court is of the view that in the facts and
circumstances of the instant case, the entire matter can be placed before the Chairman of the
concerned Council to enable him to reconsider the order of suspension dated 24th
September, 2009, afresh, after giving adequate opportunity of hearing to the petitioner. The
entire exercise in terms of this order shall, however, be completed by the Chairman as
expeditiously as possible, preferably within a period of four weeks, but not later than six
weeks from date of communication of a photostat certified copy of this order.
Since no affidavits have been filed, allegations made in the writ petition are deemed
to be not admitted by the answering respondents.
The instant writ petition stands disposed of accordingly
"

but against this order from HC chairman of primary school education is not ready to give my father to join the school.My father is in bail and getting 50% of salary as per Sub-Rule 4 of Rule 7.

In the suspension order from HC it is written "....He is hereby suspended from his service w.e.f. ****** in terms of notification no 906-SE(Prv) Dated.9th July 2001 till disposal of the case.
He is entitled to get monthly subsistence allowance in terms of Sub-Rule 4 of Rule 7 as per above notification."

Please guide me what to do next?please.

priya   01 February 2011 at 21:47

indemnity bond

Can any one please help me.I am a doctor.
I got my degree in 2001.

That time we had to sign a bond during the admission.I had served for 1 year.

now after 10 years i got a letter from the college that i need to pay 1lac.i am not unable to pay this amount.

can anyone please suggest me.is there any exemption from this.

Varun Parakh   01 February 2011 at 19:26

How to tackle notice period of 90 days

At the time of joining i have signed an agreement with ICICI bank that i will serve the notice period of 90 days and waiver is dependent on company wish for which i have to pay my each day salary.
for the no of days waiver granted.

Now i want to switch job and no company is willing to wait for 90 days for me to join at the most they wish to wait for 45 days and rest days i am unable to get relaxation as the are adamant that i have to serve notice period

what should i do neither my future employer extending my date of joining neither my current employer relaxing my 45 days

i need your guidance i am very upset cant i fight legally as at the time of joining we were unaware that such thing will happen.

Anonymous   01 February 2011 at 14:23

Annual return for minimum wgaes act(Gujarat)

Request to all experts give me guidline for fillup annual return
(1)In part-A of annual return detail to be fill up Number of days of establishment/facotyr worked,Number of average employee employed in year,actual wages paid m/f,Total cas value of wages paid in year.
I want to know all detail we have to fill including contract worker or excluding contract worker?
(2)In part c detail of cotractor to be proivde its including security contract or only for labour cotracts?
and in same part there is rows to fillup -Total number of days during the year on which direct labour was employeed and total number of man days worked by direct labour.so, what is defination of direct labour?

What is the defination of direct labour as per labour laws?
Request you to give guideline to all experts regarding this matter.
Thanks to all

Anonymous   01 February 2011 at 06:27

No Promotion Letter

Hi,

I am working in Pvt Ltd company, I was promoted as a QA from agent level, it was an internal movement from operation dept to Quality dept, when I was a part of quality then the quality manager promoted me as a QA, and it’s been more than 6 months that my manager is not providing me the promotion letter and revised salary letter also when I spoke with HR on this the HR rep said that they were not informed about this movement
And said that nothing much she can do, now every time when I ask my manager he says haan kara dunga, so what should I do ??

I have all the e-mails regarding my movements and all but do not have any promotion e-mail Can I print them and take out?? Will there any integrity issue??

When I was hired I was told that there would be 18000 p/a which is a part of my CTC they still have not given me that and it’s been more than 15 months??

Please suggest what best I can do to resolve these issues?

Anonymous   31 January 2011 at 22:12

dismissal on conviction

Whether the conviction u/s 323/34 IPC involves moral turptitude and it leads to dismissal? What procedure should have been followed in such a conviction before dissmissing the convicted employee?

Anonymous   31 January 2011 at 20:45

To Apply Fresh Recruitment by Already Employed Candidate

Dear Sir,
I am already employed in Ordnance factory as a workman. I want to apply for Fresh Recruitment of Administrative Officer in the ICAR (Indian council of agricultural research).In the respective advertisement it is given that,Already employed candidate compulsorily
inform to their Employer that ,candidate is applying for this post. My Employer object me to Apply for the respective post vide my application for "No Objection Certificate"
In Call Letter which is for interview it is given that " In the event of selection, Fresh outside employment will not be considered for the 05 years ."
In my Appointment Letter it is given that ,"Service may be terminated either side by prior application at the time i.e. No one month prior intimation is necessary" before completion of 02 years probation.
can my Employer take object against Fresh Recruitment ? for any answer please Give me

refernce with respective to condition.