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Anonymous   22 December 2010 at 09:02

Bank Pigmy collector

The applicability of Payment of Gratuity Act to Pigmy collectors may be explained with the details of citation if any.I remember that Supreme court has passed an order in 2001 directing payment. The copy of the order or the citation may kindly be furnished.

anshul sangal   21 December 2010 at 17:19

Law book

Please suggest of some good author book of payment of wages,workmen compensation,industrial dispute act and minimum wages act

N.J. MISHRA   21 December 2010 at 12:44

permanent employee

members please suggest me.

the company in which i am working is having institute in lonavala, there are daily wage workers working from 2005, now as per the law they have completed 240 days in there emplyment and now they are asking the company to make them a permanent employee of the company and want all the bebefits of permanent employee, but the company does not want declare them as a permanent employee. how can this situation can be handle legally. company is not interested in employing them as a permanent employee and wanted them to work on contract basis, but the workers are not interested to work on contract basis. please suggest some remedies in favour of company

Ritesh   21 December 2010 at 12:21

Am I eligible for gratuity

Hi.

I worked in an organization from 25 July 2005 to 14 May 2010. Am I eligible for gratuity.
According to Madras High Court Judgement, If a person works for organization for 4 years and 240 days, he is eligible for gratuity.

Currently, I am with another organization.


sachin wahurwagh   21 December 2010 at 00:59

contract employment

Dear sir,


Canara bank has hired 340 officer on contract basis for duration of 3yrs and it may be extended at bank discretion. And we all have already completed 17 month with canara bank. Like us there are some regular employees of bank doing same kind of work which we do. And our salary is fixed which is 15000 p/m and they are deducting our PF which 1000rs p/m. We have to do insurance business of 3lac per quarter and if do not succed in doing that then bank stops our salary. And in other case regular employee is also doing the same job for the bank which we do but his salary is never stops. So can u plz tell us is there any provision in law which can give us permanent employment in canara bank.

Same kind of hiring was done by SBI recently and they have regularised 7000 contract employees.

So we would like to know is there any chance of getting permanent employement in bank.

We have already approach the management for the same but there is no proper response given.


Regards

sachin wahurwagh

Anonymous   20 December 2010 at 21:53

recognition of qualification

sir,
I have passed the following examination
i metric from cbse delhi in 1979
ii intermidiate from cbse delhi in 1981
iii sahitya ratan ( equivalent to BA) from hindi sahitya sammelan in 1989
iv MA (HINDI) from HNB GARHWAL University,(Central University ) Srinagar,Uttarakhand.in 2009
My employer is not treating me as graduate as well as post graduate.
on the basis of above qualifications,Am I not graduate as well as post graduate ?
Please clerify.

Anonymous   20 December 2010 at 19:52

Formation of a Trade Union


Would any of our experts give step by step guidance on formation of a trade union. Many doubts arise even at the conception stage of formation of a TU., such as
1. Any seven persons can form a TU.
Is it a requirement that all the 7 should be actually employed in the industry?
2. Assuming seven persons are desirous of forming a TU, how do they go about it practically?
Who is authorized to propose the rules of the TU.
3. At what point of time, the seven persons will become members of the TU. I assume only members of the TU can ratify the rules? But, at the time of ratification, they themselves would not be members in view of the fact that only after ratification of the rules, would they be able to subscribe to membership.
4. Who will chair the meeting in which rules are ratified and the first batch of office bearers are elected?


Anonymous   20 December 2010 at 19:08

gratuity,need clarification and advise

Questions on Gratuity

1..An employee is working in India in a company for 2 years and the same employee is being deputed offshore with teh same company of course and he completes 3 years there. Now can he ask for gratuity?? Yes or No, plz answer or in other words, the social welfare laws will be applicbale to him for a period of 3 years means whether his PF etc would be deducted??

2..If a company say bbb is being taken over/merged by CCC, who will be responsibel to pay gratuity for teh employees working in BBB, will it be BBB or CCC or does it depends upon hte agreement between the two companies

and if CCC company play smart and ask the employees of BBB that now you guys are on my payrolls and hence you would be given a new appointment letter and hence you will not be liable for gratuity and then in this case, will the company CCC will be rihgt in doing so and what are the remedies availaible to the employees of BBB who due to new appointment letter has not become employee of CCC


3...A company who decides to wind up/insolvency, can an employee working in that company for more than 5 years ask for gratuity and can file a case in a court of law as a debt payable by the said bankrupt company






Also

employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.

one more doubt i have, please find above the definition of the employee as given under gratuity act, this says that the govt employees are not covered under this act if the post defined above does not have a different meaning, plz let me know if this is the right interpretation??

thanks in advance

Anonymous   20 December 2010 at 18:32

resignation

is resignation get it accepted by employer? even if it is not specifically mentioned in appointment letter?

karan   19 December 2010 at 23:31

Whether PF Payable on ''site allowance''

Sirs,

Please kindly explain me whether PF contribution is to be made on 'site allowance' paid to the employee.

Please also provide me a reference to a judgment for my understanding.

Please respond at the earliest. Its urgent