kamal Jangid
28 April 2009 at 16:59
During review of accounts of one of our clients i find that they did not paid ESI.
As per their HRD as they are not having more than 20 person at one place they are did not cover.
However they have 6 branches in different states and total no of employees including branches is more than 50.
MY quaery is:-
1) IS they covered ?
2) If they covered than they did not paid yet any amount so they have to paid arrears with interest or there is any other alternatives ?
Thnaks in advance
Kamal
Kamal_jangir96@yahoo.com
p k kapoor
25 April 2009 at 08:11
IN case of payment EDLI charge,the requirement under EMPloyees' Deposit Linked Insurance Scheme is as follows:
"No amount is recovered from employee's wages . Employer should pay 0.5% of total wages subject to a ceiling of Rs. 6500/- per month ( w.e.f. 1-06-2001)."
In case of an organisation, however, this EDLI charge was calculated on total wages till March 2009 instead of restricting EDLI charge to the wage ceiling amount of Rs.6500. The matter was discussed with EPFO organisation and they stated that it can be adjusted in future payments.
My query is
(1)Under which circular of Employees Provident Fund Organisation (EPFO), adjustment of this payment is allowed.
(2) What is the provision in this regard in relevant EPFO rule/act position
(3) Whether this recovery from future payment, can be made from total amount payable to EPFO or recovery of this excess EDLI payment is to be restricted against future EDLI payment only.
rgurucharan
24 April 2009 at 17:07
Dear sir,
We are a private Trust, catering education to MBA & PGDM for management students. which is also registered under the Indian Trust Act 1882.
we are established in karnataka (Bangalore), Whether the Shops and establishment act is applicable? If so, pls guide me with what are the provisions are applicable.
with regards,
R. Gurucharan.
rgurucharan
24 April 2009 at 15:58
Dear sir,
The term "Establishment" used in the The Employees Provident Fund and Miscellaneous Provisions Act, 1952. can u pls give me the definition.
The term "Establishment" includes the Private trust?
with regards,
R. Gurucharan.
digvijay
24 April 2009 at 15:12
Hi,
What is the increase in the minimum wages as a result of the Jan'09 revision for Haryana?
Thanks,
Dig Vijay
Chetan
22 April 2009 at 20:07
Dear Member,
In a case the employee work on a payment of Rs. 5000/-(TA & DA paid seperately) from last 2 years. but he did not get the Salaray and TA DA from last 10 months. Now he leave the company and write the letter to the company but co. did not reply.
The co. is not registered and haviong no registered office but my client provide me the Banglore Address but whereas my client receive the appointment letter from NASHIK (Maharashtra) and he submiited all his reports at NASHIK.
1) Whether I can file suit in Labour Court for recovery of his payment. Pls provide provision.
2) Whether I have to serve notice to both the Offices, provide Limitation.
Regards
Paresh
22 April 2009 at 18:52
I have resigned a company w.e.f. 09th Aug 2008. In the Full and final settlement they have not paid me Performance Linked Reward. This PLR is for the Financial Year 2007-08 which is payable as on 31st July. All my collegues in the company have got the amount in there August salary. The have also stated that it includes bonus for 2007-2008. Now the company wrote that as per management's policy resigning employees are not eligible for PLR. Please advise can I challenge this policy from legal point of consideration??
vijay dhiman
21 April 2009 at 19:35
Who is liable to deduct the amount of Employee Provident Fund in the following persons and deposit to prescribe account of Employee provident fund
1.Contractee
2.Contracter
sanjay batra
19 April 2009 at 19:12
Dear Sir
In case lot of workman (>100) need to be transferred from subsidiary company to Parent Company( both are commercial estbalishment not covered under factory act) what all formalities do we need to comply( no standing order is deposited at labour dept before by both companies) and in new appointment letter/ transfer letter what clause is to be written (the terms of employement/benefit remains the same) so that contnuity of benefit of service say in ESI/ Gratuity is not effected
Regards
Sanjay Batra
+9811230040
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Please Advise if I can file the case in Orissa
Before bothering you with my querry, Please allow me to describe the situation.
I was working with a courier company which has changed its name 3 times in last 12 years. My term is 12 years. I was dispensed with without assigning any reason in July 2008. I need to file a Gratuity & unpaid dues case now as all my communiqueue during this period has gone unheeded & the company is adamant to pay. I'm now staying in Orissa as there is a danger to my life in Delhi from the company's goons. Following are some important developments in my case:
1. The company doesnot issue Appointment letter till my dispensation. However, they have issued back dated Appointment letters after that. But my letter to the management has well documented that before my dispensation.(I can prove that it is back dated).
2. The company, during the course of my VISA application did issue letters to different consulates describing my Service periods.
3. I was employed in Delhi(They dont have any office in Orissa). However, the Memorandum and Articles doesnot speak anything about the jurisdiction, yet the appointment letter to other staff does mention that they can transfer anybody to anywhere in India, yet is again silent about jurisdiction in case of disputes.
4. While I was dispensed,I have been physically attacked & verbally threatened over Phones (Even in Orissa) by the company's goons. The same has been lodged with Delhi Police at Dwarka & Naraina with Diary entries.
Now the question is :
1. Since there is an iminent danger to my life in Delhi, How can I file my Gratuity Case & Unpaid dues case in Cuttack.
2. Furthermore,I dont have any mode of income as of now & am unable to fight a case at Delhi. What would be the recourse for the same.
3.I do have enough Documentary proof to prove my case beyaond any foreseeable doubt.
4. Is there any case which can be refferred for my aid & help?
Thanks
Biplab