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Tony (SME)     26 April 2013

Issues of smes in life insurance corporation

APPOINTMENT OF SENIOR MARKETING EXECUTIVES (CONTRACT BASIS)

LIFE INSURANCE CORPORATION OF INDIA

Under the pretext the LICI took a regular mode of selection as is the case in LICI/Banks and other PSU’s . There was an ALL India Test , then Group Discussion of candidates who qualified for the same  with required cut off as the case may be, then after set number of rounds of GD , the Interview board took the interview and then the final list of 100 candidates were published in the corporations site.

                In the due course the Training of such candidates took place in an institute of national repute i.e. National Insurance Academy (NIA). On joining the respective offices the SME’s were provided with agreement letters for the mutual consent of the contract without Non Judiciary Stamp papers.

                The agreement clearly mentioned that it is a contractual assignment of 3 years each with maximum term up to 3 times. Apart from this some major clauses where their mentioning that the concerned SME’s should be treated as in Branch Manager/Administrative Officer cadre in the Corporations existing regular service employees, and they should be given Salary Roll no. as in case of the regular employees and all travel allowances effective from the date of joining .

                Alongwith this it is clearly mentioned that the Annual CTC of 6 Lacs consists of the 70% fixed i.e. 35000/- PM and rest of the 30% of compensation i.e. INR 1.80 Lac as variable. We have to earn by way of fulfilling certain sales criteria. All of us do not earn this whole amount also. Most of the SMEs have never earned any variable pay.

 Further to this, a break up of the fixed part consisted of various heads as PF and Gratuity included, the clause suggests that the salary will be subjected to statutory deductions and Taxes as specified by the Government rules. In the current scenario the SME’s are not provided with the Salary Slips, PF Slips and other credentials like Form 16 every year. The agreement stated that SME’s appointed will not be under the ambit of LIC STAFF REGULATION ACT. 

The PF includes the components  of the employer contribution and employee contribution of 2000/- each per month which is deducted from his/her fixed salary, the criteria of the gratuity is also fixed as Rs. 965/- per month being again deducted from the SME’s fixed salary. All these deductions make the total amount of Rs. 4965/- per month which is deducted from the kitty of SME’s fixed salary. Gratuity is payable only after 5 years. What if an SME quits after 3/4 years. SMEs who have left or terminated have only been paid INR 2000/- (employer contribution)  out of the total deduction of Rs. 4965/-.

 

 

                Clause 8 of the Engagement Letter states that there would be salary increment of up to 10% per year until the contract is renewed with new terms and conditions, but no such criteria of increment was exercised till date. And now when the term of 3 years has come to an end, LIC has designed an increment criteria based on the earning of the variable pay and not on individuals business performance and considering the inflation other economic scenario. Not to mention that only a small percentage of the SME’s will qualify for the increment.

                There are various internal competitions and rewards program floated for the existing employees for the growth of the corporations business, in which SME’s are not included barring few in which no cash prizes are declared, e.g.: Honoring & Certificate of appreciation program for the marketing officials.

Not to mention the disparity is at such a level that there is a regular scheme for the employees of the corporation working to the capacity of marketing assignments, enjoy the privilege of the corporation sponsored cars and the fuel expenses as the case may be according to various cadres, Now that SME’s are also taken for purely marketing assignments are not provided with sponsored  car facility, rather we are asked to travel through cheapest means of transportation and are asked to report back within short timelines.

                Now that every SME’s have completed there 3 years in the Corporation, the review of all had gone positive in the preceding years, but when the contract is on the verge of renewal or termination , Many of us are facing negative reviews, thus we are looking forward for a solution, since every SME’s  have crossed their 30’s therefore  we are not eligible to compete in maximum of govt. jobs.

                Questions that are mentally disturbing SME’s

  • What is the expectation from SME’s, whereas the process of inducting SME’s was tough since they have undergone such a rigorous ALL India Level Selection procedure conducted by IBPS. 
  • Why there is a deduction of Employer contribution of PF done from SME’s so called fixed pay ?
  • Why there is a deduction of Gratuity of Rs. 965/- pm from SME’s Fixed Pay if we are contractual employees and our contract is for 3 years only ?
  • Why is that the fate of the existing SME’s is decided after 3 years whereas the agreement states that either party can relieve from the services of the Corporation within 1 Months notice, then why waiting for the SME’s to cross their age of  30 years?

 

 



Learning

 3 Replies

Kumar Doab (FIN)     29 April 2013

 

A similar query has been discussed in following thread;

 

(https://www.lawyersclubindia.com/forum/Injustice-by-employer-lic-79048.asp)

 

You have posted that:

 

------“In the current scenario the SME’s are not provided with the Salary Slips, PF Slips and other credentials like Form 16 every year.

 

The employee(s) should first of all demand these from concerned personnel in HR and in they don’t yield to requests demand from good offices of appointing authority, MD, Chairman…

 

 

-Salary slip should be provided to employee(s) and both employer and employee should sign the salary slip.

Payment of Wages Act: 13A. Maintenance of registers and records.

5*[13A. Maintenance of registers and records

 

--PF account slip/pass book: should be supplied to employee.

Employee(s) may approach concerned RPFC in person.

--Form16: should be supplied to employee(s).

Employee can lodge a complaint with CIT-TDS ( or Officer in Charge of TDS) in local o/o I.Tax where employee files return and jurisdictional CIT-TDS where employer files return. There are provisions for penalty.

 

-------“The PF includes the components  of the employer contribution and employee contribution of 2000/- each per month which is deducted from his/her fixed salary, the criteria of the gratuity is also fixed as Rs. 965/- per month being again deducted from the SME’s fixed salary.’

These are statutory benefits to be provided by employer to employee, without any cost to employee.

PF: Employee(s)  can lodge a complaint with RPFC/Addl CPFC in the state/CPFC…………

Gratuity: Employee(s) can lodge a complaint with Controlling Authority of Gratuity.

If Gratuity is mentioned in CTC sheet of the employee it becomes contractual obligation of the employer to pay even if employee has not completed 5 years of services as per Sec 2A of Payment of Gratuity Act. There are threads initiated by employees at various portals including LCI who have succeeded in getting the payment of Gratuity….

 

You need to clarify that the Gratuity being referred by you is Gratuity or Superannuation scheme by employer?

PF can not be blocked or even attached.

 

------“ Clause 8 of the Engagement Letter states that there would besalary increment of up to 10% per year”

It is a contractual obligation on employer and should be paid.

 

------“ but when the contract is on the verge of renewal or termination , Many of us are facing negative reviews,”

If these negative or adverse comments inserted in appraisals are willful with malafide intentions employee(s) may keep the data and figures carefully in personal file and evaluate the options in consultation with lawyers for charging the offender officials by name.

 

All employees may evaluate the option of forming union/guild etc, get it recognized/registered and jointly approach a competent and experienced labor consultant specializing in writ matters also and understand the merits and  pros and cons to approach court of law.

The employees may act as ap before majority of them are removed and fresh blood is included by LIC as being by done by  Private Life Insurance Companies. 

 

It is loudly clear that LIC has engages the SME's on the model of FTC followed by even Govt establishments and hire and fire policies of private life insurance companies.

 

LIC has becoem worse than notorious private life insurance companies.

Are you being forced to sell high profit products ( for LIC) whihc are good for othing for customers( Like Banks and private life insurance companies). 

 

------“ mentioning that the concerned SME’s should be treated as in Branch Manager/Administrative Officer cadre in the Corporations existing regular service employees,

Designation alone does not decide employee is a workman or not.

It is well established as per decision by Supreme court of India that DO of LIC is a workman.

You may choose your course of action.

 

 

 

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     29 April 2013

only Mr Kumar Doab can read such long narrative. He hs elaborated the reply. follow it

Ritesh Srivastava (Manager)     01 May 2013

Upload/ attach some documentry proof or communication/ circulars issued by lic. So the experts may have some better understanding of the wuhole issue.


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