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Anonymous   15 January 2010 at 10:35

EPF Damages

Sir, we are the trusty of one Non Granted english School. We were not deducted the epf amount from the salary of our employee. So EPF Commissioner issued a order to pay these dues & also paid the damages 100%.Let me know that, the damages are compulsory or it can be waived by the commissioner? thanks

Reshma K   14 January 2010 at 23:51

Labour

I am confused with the definition of Workman. It seems most of the labour laws deal with Workman. Can you pls help me with a simple yet comphrehensive definiton of WORKMAN. Does the IDA, ESI, WCA, EPF, Factories Act, MWA apply only to WORKMAN. What about bank employees, teachers, government servants, private sector employees (software, consultancy, etc). Does any of this apply to them. Pls provide some comprehensive answer

Reshma K   14 January 2010 at 23:47

Jurisdiction

I am confused as to which cases come before labour court and which before industrial tribunal. Can you pls explain the difference between labour court and industrial tribunal.



Also in the case of dispute of a software employee regarding dismissal, retrenchment, which court does he approach, since the industrial disputes act deals with Workman and the software employee is not a workman. Can you pls provide some comprehensive details on this.

Anonymous   14 January 2010 at 14:55

Labour Welfare Fund

What is the the criteria for the employees to be covered under the Maharashtra & Tamil Nadu Labour Welfare Act, 1972? If PrincipalEmployer hire employees through contractors is it his (PE)liability to pay the contribution amount or Contractors is required to do so.

Anonymous   13 January 2010 at 14:03

run private security

want to run private security .where can i get the licence and how to obtain . what are the requirements and the formalities

Ketaki   13 January 2010 at 11:00

gratuity

Plz help me in knowing the procedure & formalities to start gratuity trust.Like all forms, approvals, LIC agreements, bank formalities. & procedure for transfering the gratuity of employees from 1 entity to other in case of transfering employees from 1 co. to other.
plz its very urgent

Anonymous   12 January 2010 at 22:43

DISCIPLINARY ACTION

Some complainants made some frivolous charges against my coleague with the connivance of some higher officials. The department recorded the statements of complainants only and the complainants named a witness to the incident. No statement of the witness was recorded at the time of premilinary enquiry. The statement of the witness was recorded after two years and he denied to the happening of incident in front of him. The witness expired after one year. The department chargesheeted my coleague after 5 years of happening of so called incident and made only the complainants as witness and the statement of the witness has not been relied.
My questio is "can the complainant be witness?

ss   11 January 2010 at 20:48

Paternity leave

Sir, a new appointed teacher joined his service in a govt. school 6-7 days ago applied paternity leave. This is his first child and his wife is a housewife. I would like to know whether this newly joined teacher is entitled to take benefit of paternity leave, if so what would be the necessary formalities to be adopted in his case comes under the rules applicable to Central Govt. employees.

sonam sarin   11 January 2010 at 14:24

Employment Bond Problem

Dear Experts

My query pertains to Employment Bond.

"A" was appointed in a IT company as IT executive (clerical) and was asked to sign a Bond - wherein it was inter-alia mentioned that, in case "A" leaves job within 6 months of Joining- A will be required to pay two months Gross salary to the Company (in respect of which the Company took two post dated cheques from "A" in respect of the salary dues).

Now 'A' left the job within 01 month of joining as she did not found Company environment to be good for girls to work.
(long hours of work, depressing environment etc).

Now "A" do not want to pay the money to Company but has issued two post dated cheques

I request following answers:

1. What is the legality of such Employment bond and the negative covenant contained in such bond pertaining to two months gross salary?

2. Can "A" escape payment liability under the Bond specially when A has issued post dated cheques?

Awaiting your reply.

Thanks and Regards
SONAM









shweta Verma   11 January 2010 at 10:31

workmen compensation

one of our contract driver died due to asphyxia while he was on duty. Can he be entitled to get Workmen Compensation.