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KASI VISWANATHAN (Associate)     26 December 2016

Labour law query

Respected Professionals, I have a doubt to the below issue . Please advise . For example If “A” company has 75 employees 19 employees supplied by Contractor A ( he is not supplying further employees to any business) 15 employees supplied by Contractor B (he supplying another 1000 employees other business) 12 employees supplied by Contractor C (he supplying another 500 employees other business) Company’s employees 11 Now my question is , whether “A” is liable to pay ESI., under the ESIC., ACT, 1948?


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 5 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     26 December 2016

Dear Kasi Viswanathan 

Please do rephrase your question.

Sudhir Kumar, Advocate (Advocate)     28 December 2016

Understood. The employer is acting over smart. Law has provision for such gimmicks. Read definition of employee and employers in both the statues.

Yagyaa   29 December 2016

Dear professionals I am confirmed employee, and company had terminated my job on performance basis. Working on supervisory position (Sr.Manager) 1) Company terminated me on 16-Dec-16, with three months pay. 2) On 15-Dec-16 I marked the email to HR, for asking reason that I am voluntary willing to resign and wish to serve 3 month notice period. 3) Till date they have neither taken my acceptance on Appointment Letter and not issued it. 4) From 17-Dec To 19-Dec I was on sick leave, I applied leave on 19-Dec on email and its approved by my line manager on 19-Dec. 5) No written notice served, only one email received that you have not achieved your target. They assigned half of the company monthly achievement Pan India. And asked me to improve my performance with higher target. 6) No performance improvement plan issued 7) No reimbursement paid for last 6 months 8) I have their laptop due having copies of email. No they are asking to return. 9) Company is not performing for last 8 months that's why I voluntary willing to resign. I AM LOOKING FOR RELIEVING LETTER + CANCELLATION OF TERMINATION LETTER. Please suggest action. Yagyaa

Yagyaa   29 December 2016

Dear professionals I am confirmed employee, and company had terminated my job on performance basis. Working on supervisory position (Sr.Manager) 1) Company terminated me on 16-Dec-16, with three months pay. 2) On 15-Dec-16 I marked the email to HR, for asking reason that I am voluntary willing to resign and wish to serve 3 month notice period. 3) Till date they have neither taken my acceptance on Appointment Letter and not issued it. 4) From 17-Dec To 19-Dec I was on sick leave, I applied leave on 19-Dec on email and its approved by my line manager on 19-Dec. 5) No written notice served, only one email received that you have not achieved your target. They assigned half of the company monthly achievement Pan India. And asked me to improve my performance with higher target. 6) No performance improvement plan issued 7) No reimbursement paid for last 6 months 8) I have their laptop due having copies of email. No they are asking to return. 9) Company is not performing for last 8 months that's why I voluntary willing to resign. I AM LOOKING FOR RELIEVING LETTER + CANCELLATION OF TERMINATION LETTER. Please suggest action. Yagyaa

Kumar Doab (FIN)     31 December 2016

@ Yagyaa,

You have posted many threads.

Pls post in your threads.

 

 


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