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Nidhi Mathur (Advocate)     25 March 2010

Your queries regarding HR issues & Labour Laws



I have 8 years experience in the field of HR & Labour Laws. I am MBA (HR) & LLB with Post Graduate Diploma in International Trade Law.

Please feel free to contact me if you or your company has any issues pertaining to HR & Labour Laws. I have expertise in drafting HR manual of companies keeping in mind the HR best practices and the legal compliances required for the company.

My email id is


Thanks & Regards

Nidhi Mathur


 13 Replies



Whether 'gross salary' or 'net salary' is considered to decide ESI coverage.

Kindly provide some citations.


Shobha Rani

niket (Manager (IR))     25 March 2010

Hello Shobha,

'Gross Salary' decides the ceiling for ESI coverage.


Niket Sinha

SANATANA PANDAY (presiednt of a trade union)     26 March 2010

sir. i want to know the following issue. please help me

1     at a public sector undertaking industry, there was several union acting. but as per rule there is only one RU. but in the secerty ballot the RU got only 49% of total vote. and the 2nd position unuin got 35% vote. if there is any possible of the 2nd union to talk with the management regarding various issue and also in pay revision,  if yes then please informe me as soon as possible

Kumar Doab (FIN)     29 March 2010



I am looking for help and advice.

I have been working as a Sales Manager with a Private Life Insurance company, in India, since 3.3 Years. My services have been terminated by a letter of termination of service without assigning any reason.

I have following queries:

·         My age is 44 years. My job profile was to canvass for business and recruit agents. I had no administrative/ supervisory control over them.

·         As per my appointment letter I did not have any binding on the company. Do I fall under the category of Workman, and can I raise industrial dispute. Can I go to lab our court? Are their any chances of reinstatement with full wages? Shall the culprits for my termination be punished, and if so what punishment they can get.

·         Is there any court case in which Sales Manager of a Private Life Insurance Company has been declared a workman like Development Officer of LIC of India. I have heard Development Officer of LIC of India is a workman.

·          Each Year in annual appraisal i.e. July06 to Dec06, Jan07 to Dec07, Jan08 to Dec08, I got the highest increment in the branch and one of the best in the region and country. However none of the Sales Manager or even the bosses including Branch Manager was able to achieve their annual target.From Jan08 to Oct08 my sales achievement was low, and so was for every one.

After 3.3 years of the service can the company terminate services on the basis of low performance? Can I win such a case if company declares in court that I was terminated on the basis of low performance.

 This company now  is telling us that they shall be able to do away with thousands of temination orders quoting the appointment letter clauses and that they are a private company and are not Govt. company like LIC of India, and there are lots of relief given to private companies and no body shall be able to declare him/her a workman and no one shall be able to get his /her job back.



This is a multinational company with Head quarters in UK, USA.

For their wrongdoings can they be sued in UK, USA..

I need your advice and help, so that I can have the very best legal support for a suitable remedy.



The performance of the channel in which I was appointed was very bad, and the company had a very small office, common for all channels.With my contribution, the performance of my channel improved and each year I received the highest grades and increments in my annual appraisal.I received many medals, certificates,incentives for good sales performance, and I was never involved in any kind of compliance issue.The total business logged in by me was of utmost quality standarads.

Due to poor performance ULIP ( Unit Linked insurance Plans) in India and malpractices,the sales of all Life Insurance companies, and in particular my company plunged to low levels.The company started interrogatory meetings,. mails,offending communications,and started putting employees in Performance Enhancement Programmes. Post Selection Programmes and forced hundereds and thousands of employees to resign and terminated hundereds and thousands of employees.

My Branch Manager (BM) and his Boss Cluster Manager (CM) built pressure on me and all to generate recruitment of insurance agents and bring policies by any means.i did not involve my self into any fake business, and invivte wrath of BM/CM and their bosses.They did almost everything to scuttle my performance.

They started harrassing me and even stopped and delayed my travelling expenses/ reimbursements.They arranged to issue me a show cause notice on filmsy grounds which was duly replied by me and the company did not take any penultimate action  on me.

My name was never included in any Post Selection Programmes .My name was included in any Performance Enhancement Programme.  However I was still to sit in the this so called training programme, and before the initiation of this programme on 8th of the month, I had already generated business and I would have comfortably achieved the balanced even before the initiation of this programme. 

One evening the BM and CM started crticising me for why I am replying to the mails from Heaf office and I can not send mails to any one above them.

All of a sudden the same evening HR guy from Head Office called me on phone,and started a heated discussion, citing my performance, and said that he will call me again after some time. After some time the BM called me and told that my service has been terminated, and hahnded me a printout of the termination order, which he had  received on his email id.Vide this termination order my services were terminated without assigning any reason.After a few days the same HR guy called me and told my services are terminated due to low sales performance.








Vishal (HR)     01 April 2010


I am looking for help and advice on,

If any contractor engaging his labours through contract, who are working with him since last 4 to 5 years and which is continuation in nature. Is there any obligation for any contractor or ultimately principal employer to designate these labours as 'permanent' or to provide all the benefits as the permanent labours getting?

If any worker is continuously working with any contractor for more than 180 days, is the contractor bound to make him as 'Confirm' or 'Permanent'?

Please clear this...

Rahul (Project Lead)     28 May 2010

Hi Nidhi,

I am a resident of Mumbai with overall experience of 8years related to Travel industry but this is my first job in IT company.

I would like to know more about the leave policies , is there a general policy or it varies from company to company and where can a employee get guidance on the same.

Kindly revert as I believe your expertise will definitely help in some way.

p.s : you can mail me at

Thanks and regards,




Medica North Bengal Clinic (Executive-HR)     03 June 2010

Dear Nidhi Madam, 

This is Sayanti from West Bengal. I have a query  about the minimum working hours of an employee in a week. According to the Factories Act 1948 after working for 48 hour in a week a person is eligible for one weekly off. but

1) if any body falls sick in a week for 3 days then can we allow an weekly off for 3 working days?

2) if any body goes on casual leave for 3 days then can we allow weekly off for 3 working days?

Plz convey.

Ph no- 9832373060, 9932390603


Sudarshan Nair (Computer Engineer)     08 June 2010

Hi Nidhi,

Appriciate your valuable sugestions for the forum users.

Please advice on my case.

I am working in a US MNC in Bangalore as a Software Engineer from 4.6 years. I have got a Central Govt Job and now I've resigned from the job & my resignation is accepted.

My last working day is 21st June 2010. I have to joing govt job on 23rd June 2010.

The HR Dept in current company is saying that they will only give me a relieving letter only after one month of my last wokring day i.e 21st July 2010.

Without my relieving letter I cannot join the govt join. Also one of my friend is also having the same problem. He has already resigned but not got his reliving letter from 2 month.

My Question:

1) What should I do know?
2) Can I take up this with labour court or file a case?
3) Will I get componsation?
4) What would be the approxiate time & Expenses involved if I go to court?

Eagerly waiting for your reply!!!!!!



Santosh Sinha (Consultant)     28 June 2010

Hi Sudarshan,

I f you have complete your exit formalities with the current Company then there should not be any problet to release the releiving letter to you, but you need to check your offer letter which you have received at the time of joinig this company, whether there is any clause which says that there should be one month notice period from either side before resignation. If that clause will be there then you have to serve 1 month notice period.

jhon (officer)     03 April 2011


          my frnd is working in a PHARMA industry.his working hour is from 0800 hrs to 1730.earlier he had five day week but now 2 saturdays are working in a month and other two are off.earlear he gets 15 earned leaves,8 sick leaves,8 casual query is that ''wether  the earened leaves should be increased as the total working days in year are also increased''2nd query is that wether the working hour should remain same or not.

thanx and regards

plz convey at

Email .

Joe Raman (Student)     04 April 2011

Its informative one provides information over topic also give some more data on that.

nisha sanjayan (advocate)     04 April 2011

can anybody tell me about what are the labour registrations to be taken for a jwellery

jhon (officer)     10 April 2011

what type of data u requir plz tell me

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