Anonymous
02 September 2010 at 14:47
Dear Sir,
Wanted a Labour consultant person in South Bangalore.
Please provide me contact details
Anonymous
02 September 2010 at 10:58
Hi All
We are in the process of setting up an inhouse call centre of around 15 people. We come under Bombay Shop & Establishment Act. Our HR policy says 36 Paid Leaves per annum and 4 months PIP against non performance with 3 months notice pay. However for these call centre executives, we would like to propose 21 leaves per annum as defined in the act and 01 month PIP with 01 months notice pay. Can somebody advice if we can adopt different policies for different class of employees.
S.N.Derashri
01 September 2010 at 21:56
Let me know any ruling either from SC. or any other HC that passing an order of compusory retirement simultaneously dropping the pending DE amounts to dismissal in guise and not an order of compulsory retirement simplisiter in public interest. It is urgent.
L.G.KUMAR
27 August 2010 at 00:21
hi,
can i know what was the amount of VDA
paid by the govt of karnataka from 2001
to 2008.in minimum wages for printing industry.
thanks in advance
Anonymous
16 August 2010 at 14:03
Our Company paying employee referal amount for giving new employee's Joining refernce i e 1000/- per employe. is it applicable for empoyee's ESIC @ 1.75 deduction on referal amount?
Ramamurthy SIvakumar
12 August 2010 at 12:18
Dear SIr
We are Mining and manufacturer of vermiculite and vermiculite based products. Our processing plant is located in the mines area only. Vermiculite is a mineral taken from the earth. The crude so excavated from the mines will have to be procesed before marketing the products.
As per the ESI act , ESI does not apply to Mining operations.
We are registered with Department of Commerce as SSI unit. Mining lease is given bt the DEpartment f Mines and Geology.
I would like to have the valued opinion of the experts on the following.
1. Whether ESI act will be applicable to us ?
2. As per the mines act 1952, wages paid for processing , dressing of the materials till the materials are ready for sale will be considered as mining operaion.Under the circustance, whether the wages paid for the processing labour will be subject to ESI. I repeat that the processing units such as drying , crusing etc are well inside the mines area only.
3. Whether the machinery repair work given t outsiders will attact ESI. Work is being carried out out side our mines area. Fitting is done by our technicians.
HARIHARAN KRISHNAMURTHY
06 August 2010 at 13:58
Background :
The contract of employment has a clause which states that both the parties should serve a notice period of 30 days . It also states, that the employer has the option of sending the employee earlier by paying salary in lieu of notice.
Facts : The employee has given a notice to the employer by stating that he should be relieved " on or before" a particular date which is exactly 30 days from the resignation date.
The employer has however relieved him earlier by 8 days.
Can the employee claim the "salary in lieu of notice" clause and ask the employer to pay the same.
the critical thing is about the usage of the word " on or before " in the resignatino letter of the employee. Although the employee has used the word " on or before" he has mentioned the date which is exactly 30 days from the resignation date.
Can he claim the "salary in lieu of notice" benefit.
Are there any case laws supporting such a claim?
Thanks in advance,
Anonymous
06 August 2010 at 12:29
My company established in November 2009 & we registered in Marashtra Labour Welfare fund in the Month of March 2010 Paid december Dues in March 2010 We receved letter from Bombay Welfare fund they wanted to produce following Details
Registration Licence Bombay shops & establishment act 2)
Certificate of incorporation 3) Muster Roll & Wages 4 ) Every June & December Payment Challn 5) Register of Unpaid Accumulation & fines
6) Record of Fine & Bones 03 -04 5 ) Record of Payment of Bonus & Fine
6) Balance Sheet along with schedule Trial Balance & General Ledger
We have just completed nine months we are not close 2009-10 Accounts & Trial Balance & balance Sheet & Also We are not maintan any muster Roll
Can please how to draft letter reply to marashtra Labour fune on the above matter & also give format of Drafting Letter & suggetion on above will be greatfull
Anonymous
01 August 2010 at 20:01
A is in the service with a Private Limited Company, over the past 15 years. The Company's higher up issued a letter stating that A hs acquired wealth/property which is disproportionate to your income considering the A's Cost to Company of Rs. 10 lacs per annum.
Considering the fact that you are full time employee of the organization are required to devote full time and energy in rendering services to the Company, your ct of amassing huge property and the disproportionate amounts rises serious doubts about your integrity and need proper explanation.
Moreover, there are serious allegations aginst you that you hve amassed this wealth through illegal / improper means by cheating the Company fraudulent manner.
Under the circumstances, we would advise you to submit the following:
1) Copy of the Income Tax returns / Form 16 for the 6 years and explanation in writing as to what re sources of income through which you have acquired this disproportionate property / wealth.
2) Pass books of all your bank Accounts showing entries for the last 3 years for our verification.
Sd/-
The question is to all experts, with a request to answer the following queries.
1. Whether the employer can contemplate to initiate legal proceedings, on the surmises under Criminal/Civil/Service laws?
2. Is it not proper for the employer to specify based on which he has come to the conclusion of cheating, fraudulent, illegal / improper manner possessing amassing wealth and property?
3. How can he the employer demand A's documents to use against 'A'?
As far as A is concerned he is honest, hard working. A is at painful stage inspite of his honesty the employer is now questioning his integrity/loyalty towards the organiztion. The allegations are far from reality. With regards to the allegations A is in a stout position deny.
4. Can A put the employer to the strict proof to the above contents?
5. What is the legal position and its remedy?
Experts answers are eagerly solicited.
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malik mazhar sultan
dear sir
my query is about interpretation of the order of supreme court on malik mazhar sultan regarding appointment of civil judges (junior division).
sir if the advertisement for recruitment for civil judges junior division has been given under malik mazhar sultan and about 54 candidates have been given appointment as per malik mazhar sultan AND NO STATUTORY RULE APPLIED WHILE GIVING APPOINTMENT EARLIER.
the query is if malik mazhar has been applied to give appointment in the recruitment CAN STATUTORY SERVICE RULES OVERRULE MALIK MAZHAR OR CAN BOTH MALIK MAZHAR AND STATUTORY RULES BE APPLIED AT THE SAME TIME? WHEN THE OTHER CANDIDATES IN MERIT LIST HAVE FILED CWP FOR APPOINTMENT.WHO HAVE BEEN DENIED EARLIER DESPITE CREATED AND UNFORSEEN,ANTICIPATED VACANCIES BEING AVAILABLE BEFORE PUBLICATION OF ADVERTISEMENT FOR RECT. CIVIL JUDGES JUNIOR DIVISION.