(Querist) 20 August 2008
This query is : Resolved
can anybody tell me what is the best way the employees can be bounded by the work,
in other words what conditons should be consented to in the agreement so that minimum liability of the owner arises.
(Expert) 20 August 2008
unfortunately the laws in our country are in favour of the employees but not the employers. In my opinion the best method is piece rate method, means the wages will be based upon the units they produce.
H. S. Thukral
(Expert) 22 August 2008
Dear Mr. Srinivas you donot have to curse in favour of employer. Law is not same as in the time of Justice Krishna Iyer. Perhaps you are not attending industrial courts. Most of the judgements are in favour of employers. Back wages and continuity of service on reinstatement as a sequel to illegal termination is a dream. We have cases in the past when retrenchment compensation being found short of few paisas and retrenchment was held to be invalid.
Nevertheless being a lawyer I advice Mr. Ankit Gupta that best recourse now a days is to employ people on fixed terms basis for a period of says three years in a strech. Plenty of unemployment is there you can fetch new people,younger and agile, better qualified after three years. You dont have to pay retrenchment compensation in such cases and of course no gratuity. You fix their wages in such a manner that the basic wage is bare minimum wage so that you have to give minimum provident fund contribution. Rest you can give in allowances and in such allowance where you can get IT rebates.
(Expert) 23 February 2009
i do agree with harbhajan singh