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Queries Participated

raghavendra   21 August 2010 at 17:11

comapny registeration

1. is there any special procedure to register the software company,

2. for software company , how can i make registrations, under which all Act i should take license and registration

3. sir i want make business in karnataka and soudiarebia, how should i register


thank you

Associate R   05 March 2010 at 12:39

Drunken employee- can terminate?

One of my client who is an employee was working in 2nd shift from 3.00 pm. At 8.00 pm the employer found that alchohol smell is coming and took the blood and sent for test next day to Medical Officer, though there was Central Hospital, ESIS Hospital was available. No liquor bottle found in the company nor the employee went outside from the time of his duty. The security checked the employee before letting him inside the company for duty. How far the case of an employer is correct? When the worker was covered under ESIC, they took test from Medical Officer.
The employer conducted domestic enquiry and findings have been provided. The workman apprehend that they may terminate him on this ground.
My query is that can the employer do this by taking the shelter of report of Medical Officer when the Government/ESIS Hospital's reports were not taken?

Thanks in Advance
Annapurna

clifford john coelho   17 February 2010 at 10:18

minimumwages act

SIR ,IN THE CONTRACT LABOUR ACT ,THE REPRESENTATIVE OF THE PE HAS TO BE PRESENT DURING DISBURSEMENT OF PAY.

1)MY QUERY IS WHY IS THAT NOT FOLLOWED IN THE MINIMUM WAGES ACT.
2)WE ARE ONLY 2 WORKMEN ON A SEPARATE REGISTER .
3)WE ONLY GET MINIMUM WAGES AND WORKMEN COMPENSATION ACT.
4)IS IT NOT MANDATORY FOR THE PE REPRESENTATIVE TO REMAIN PRESENT DURING PAYMENT TIME ?

THANKS IN ADVANCE

Mukul   16 February 2010 at 18:42

full & final settlement

I have been issued full & final settlement letter duly signed by HR director subsequent to my resignation acceptance as per that net amount payable to me was 62000/- after deducting all the dues(like laptop keymissing 2600, mobile not working 4600 etc-. I have accepted the same and sent duplicate copy to the HR dept. I was waiting for my cheque but after 2 months of issuing first letter company has issued another full and final settlement letter and deducted rs 27000 against laptop panel broken. Now i have given laptop in absolutely perfect condition except one key missing and same has been acknowledged by the company in first full & final settlement letter where they have deducted only rs 2700 against laptop key missing after inspection of the laptop. Now my question is that how can company deduct 27000 after three months of resignation and company is also ignoring first letter which has been issued to me which is an evidence that laptop was in perfect condition except one key missing. Please suggest how can i proceed further and what are the options available. Thanks Mukul(9560707755)

clifford john coelho   15 February 2010 at 18:12

workmen compensation act

DEAR SIR ,I HAD ASKED FOR INFO REGARDING 2 OF MY CO-WORKERS(recently joined but more than 2yrs old) TO INDIAN AIRLINES UNDER THE RTI ACT,WHETHER THEY ARE BEING PAID MINIMUM WAGES/ESIC AND EPF ,BECAUSE WE ARE PAID THE SAME
.THE RESPONSE FROM THE PE AFTER COLLATING THE INFO FROM THE CONTRACTOR WAS THAT THEY WERE BEING PAID ONLY MINIMUM WAGES AND WORKMEN COMPENSATION .
1)ALL OF US ARE CONTRACT LABOUR FOR MORE THAN 19YRS ,WITH MM WAGES/ESIC AND EPF .
2)WHAT IS MEANT BY WORKMEN COMPENSATION ACT ?
3)CAN THEY CLAIM MEDICAL/HOSPITALIZATION

BENEFITS ?
4)IN SHORT WHAT ARE THE ADVANTAGES/DISADVANTAGES BETWEEN THE TWO ?

Sankar   15 February 2010 at 07:14

working on statutory holidays

Dear Sir,

Request to provide the extracts from Labour Laws/Industrial laws regarding the companies working on public holidays/declared holidays and its effects.

Thanks in advance.

Kind Regards

Sankar

Mayank   09 February 2010 at 13:59

The Payment of Gratuity Act, 1972

The Payment of Gratuity Act, 1972
Q2. As per Section 2(r), "superannuation", in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of
service at the age on the attainment of which the employee shall vacate the
employment;

and as per section 2(q), “retirement" means termination of the service of an employee otherwise than on superannuation;

Shall the termination of an employee due to death be tantamount to termination with in the meaning of Section 2(q). (09-02-2010).

Kajal Das   08 February 2010 at 19:49

Salary deducted inspite of serving two months notice period

Dear Sir or Madam,

I submitted my resignation on 31st of August 2009. My ex-company generated my last working day as 30 October 2009.

In final settlement they deducted my one day salary from my offshore and one day salary from onshore. The reason was given my ex-company that October month had 31 days and my last day of working was 30th october 2009, and hence they deducted my one day salary.

The rule of ex-company says, an employee must serve 60 days of notice. In my case, I suffice the rule and should get my full salary.

Could you please advise?

Regards,
Kajal Das

Anonymous   06 February 2010 at 21:44

working hours

I need guidance as to
1, Is A college also entitled to follow the labour laws?
2, wht can be done if the college is not folowing the working hours and is not ready to change either.
3, is there any organisation or forum that can help keeping the individuals confidential

Rekha.....   06 February 2010 at 20:57

Forest Department

Dear Sirs/Ma’am
V need ur urgent instructions and guidance for this matter.
V r not mentioning the names of our clients here. Our Clients are A and B
A and B are appointed as Asst forest ….Van Rakshak Sahayak in August, 2009. On 6/01/2010 they were on duty n received information on phone that one track bearing no. MH 18……… illegally transporting the “ SAGI WOODS “ and coming near the client’s area i.e. Vansda from Chikhli. They immediately taken action against the said truck and stopped the truck n by following the procedure they asked driver to get out from the truck. Meanwhile driver managed to escape from the truck n ran away.
Mr. A was only near the truck n Mr. B was following ,after suspicion, the guy who had taken 2-3 rounds around the said truck , to inquire that y he is following the truck. The guy had Violent altercation with Mr. B and beats him every where on the body in a such a way that Mr. B hospitalized for one day. Mr. B called his officer to file the FIR for the same but Mr. Higher officer asked him not to go for FIR n he was also out for training.
After this incident, up to 31 January the news was published in every local paper in favour of Our client. But on 1st Feb,2010 our Clients received “ Dismissal Letter “from the Forest Department n reason was “ negligence during the duty “ . From 1st feb all local news papers reported negatively and false facts that our clients are involved in the misappropriation of cash n mentioned the allegation of hiding “ SAGI WOODS “. Forest Dept has not given the opportunity to present their case. Taken Statements of our clients V seen that statement was found correct in favour of our client.. N Departmental Inquiry is going to be held in a very near future. How n Y they sacked our client???????
Please Guide us, instruct us, Inform us…V know whole Forest department of the region will affect. Any more information required plz inform us immediately.Pl. Pl.Pl.