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Madhurima .Nandimandalam   18 March 2009 at 18:14

ESI Coverage

Hi,

we are coverd under ESIC by ESI corporation where few of our employees fall under this purview and we also have a sophisticated mediclaim policy applicable to all our employees .

we are hiring some employees who would be earning less salary than 10k intially when the resource is on training but covered by our medical policy and later when he is released in to project he would be out of ESI limit .

Should we cover these employees under ESI For these intial period , are there any exemptions (case law citations available to )to not cover these employees .

Kindly help

Regards
Madhurima

Chandan Garg   18 March 2009 at 17:08

Under Workmen compensation act

A worker Age 20. Died with accident at wrk in the course of his employment in a steel and power manufacturing company.
For how much compensation his family is entitled to.


SARAVANAN.R   18 March 2009 at 16:20

strikes and lock outs in Private Sector

Sirs,

I have got an elaborate explanation regarding legality and illegality of strikes and lock outs in PUBLIC UTILITY SERVICES.

In case of private enterprises, what is the procedure adopted for strike and lockouts.

In case, workmen has an industrial Dispute and resort to strike, whether two notices as mentioned in I.D Act is necessary?

In case, an employer resort to lock out, what is the procedure, whether the two notices are needed.

Does Standing Orders of an industrial establishment in Private Sector, contain any procedure for Strikes or lock outs.

I hope I have clarified my question. The earlier question in this connection still remains unanswered,and I received a mail saying that the question is not clear.

Hope I have clearly expressed my question.

Kindly advice

Saravanan

Jaydeep Kurup   17 March 2009 at 14:31

Shifting of Employees

A company wants to shift its employees from Mumbai to Surat.

1. Whether any mandatory allowance needs to be paid.

2. Whether the company can compel the employees to shift, if there is an enabling clause in the appointment letter. Can the company terminate, if certain employees do not agree.

Pls clarify.

Madhurima .Nandimandalam   16 March 2009 at 18:51

International Labour & Industrial Law

Hi,

Is there anyone who can guide us on United States & United Kingdom Labour Laws

Regards
Madhurima

SARAVANAN.R   16 March 2009 at 18:10

Payment of Bonus under Payment of Bonus Act, 1965

Sir,

I am an employee of a Company. I have been receiving bonus for the last two years or so.

If I resign from this Company from 1st June 2009,after giving one month notice in May 2009, kindly advice whether I am eligible for bonus for the year 2008-2009.

Saravanan

keyur bhatt   15 March 2009 at 14:57

Help for statutory compliances

Respected Sir,

Myself keyur bhatt, working as Executive - HR & Personnel in one of the leading company. I just wanted to know the nutshell of entire statutory compliances regarding PF, ESI, Bonus,Gratuity, Contract labour, Factory Act etc. Can you provide the stuff materials for that.

REgards,
Keyur Bhatt

keyur bhatt   15 March 2009 at 14:57

Help for statutory compliances

Respected Sir,

Myself keyur bhatt, working as Executive - HR & Personnel in one of the leading company. I just wanted to know the nutshell of entire statutory compliances regarding PF, ESI, Bonus,Gratuity, Contract labour, Factory Act etc. Can you provide the stuff materials for that.

REgards,
Keyur Bhatt

Vineet   14 March 2009 at 16:59

Legality of Employment clause

Dear sirs,

I am working as a software engineer in one of the MNC.
Following is the termination clause given in my appointment letter:

"Your employment with the company may be terminated by yourself or by the Company by giving in writing a minimum of forty five days notice or salary in lieu thereof. Notwithstanding, the above the company reserves the right to pay the equivalent of the prior notice period in lieu of notice and it is acknowledged and agreed in advance that this amount will be adequate compensation to you for the early termination of your employment. Further the company may accept or deny the receipt of salary from you in lieu of notice period depending on the criticality of the assignment/work etc., as deemed fit"

Does this not violate equal justice paradigm?
An employer can terminate employment by giving salary but has RIGHT to accept/deny the same when an employee wants to leave early?
What should I do if I want to buy out my notice period and the employer refuses?

Regards,
Vineet

Vineet   14 March 2009 at 15:39

Employer Not Releiving

Dear sirs,

My name is Vineet and I am employed with a leading telecom MNC. I am a rehire here and joined it 10 months back.

I had myself applied for this job, considering the nice time and learning opportunity I had in its previous centre, and based upon my earlier performance, was offered.

But here I found situation to be much different and work culture diminished.Long hours, Back pain and red eyes became a regular problem.
Now I have got a job with another good firm and they want me to join as soon as possible.

1) I have 45 days notice period here and it is mentioned that I can pay salary in lieu of that if I do not wish to serve full notice period.

2) I gave them a 15 day notice period and sent my resignation through e-mail. But now my manager did not respond to this e-mail.

3) HR Manager and my manager both asked me to serve the full notice period. When I talked about buyout, they said "such a option does not exist", while it does exist as per my appointment letter.

4) They proposed to change me to a new project which is "supposed" to have a more work-life balance based working condition. But as I know that this project will also be managed by my current manager, who is, the only one responsible for spoiling culture of this company, I do not want to consider that.

Now as I have made up my mind to change company, ready to buy out notice period, does this company:

1) has legal rights to retain my experience letter?
2) has rights to not do my Full and Final settlement?
3) What legal action can I take against this company in case they do not give me my relieving cum experience letter and my dues?

The reason for not releasing me is said to be that they can not find a replacement of me and they do not have a mitigation plan.
But as this company has been unethical to by all means in my stay here, I do not wish to forfeit this good offer. Can they force me to stay legally on basis of such statements?

Please provide me you exper help. I am in urgent need of this.

Regards,
Vineet.