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mir mohamed ismail ali   12 January 2009 at 21:43

regarding the dismissed employee

sir,

about 9 employes have bben dismissed in that 2 employes and 7 are of them are union leaders for the CITU union, the reason is that, company HR manager was harassing all the employes of the company and he used threatened them that i have got this power that power i can do anything, if u wont listen it and the HR manager has gone beyond the limit and he came to singular language and with that behivour that union and 2 employess went to hit but thy have not hit and in the meanwhile he went to the police station and lodge a false complaint on the union that they all have attached him and he also went to the nursing home and got the treatment and got as a proof, after that the HR head dismissed all the 9 employes. please let us know how to go about it and what action has to take please guide us how to go about and help us out to get the justice and give us the suggestions and help is required

ismail

Keshav Kumar Saxena   12 January 2009 at 18:57

Differed Graded Payment

Dear Sir,

The employee was working in a limited company on the post of Computer Operator since 1992 to 2007. That company has closed now. The management paid him differed basic which was for technical staff and was less than the operator staff of non commercial grade. DA was also got effected on the basis. DA was also not improvised as per increment yearly provided. Now please advice whether the matter can be arised while the company was closed by giving notice to the employees and settled them. Even the notice company is still on to meet out formalities. Please suggest.

Keshav Kumar Saxena

M.Sahul Hameed   11 January 2009 at 11:12

Voluntary Retirement

1. what is the effect of giving voluntairy retirement during pendency of departmental enquiry?
2. Departmental enquiry conduct by the management of the compay?
3. what is effect of giving medical leave during enquiry? Leave was rejected.
4. if voluntary retirement is accepted by the management but not completed enquiry, what benefits the employee is entitled to?

Zia   10 January 2009 at 20:28

Industrial Strikes

I request the lawyers on the panel of this portal to suggest me and send me some Judgements of Hon'ble Supreme Court of India, or High Courts, related to prohibition of Strikes in Industries, particularly of Industries involved in essential services like Generation of electricity, oil etc.
The query is significant and desires urgent response in view of the recent strike calls given by the Oil PSUs Officers association.

Sanjay Pawar   09 January 2009 at 13:43

Employee leaving with

In my company some staff working as contract basis, we dont given any facility to them. Also we dont given any appointment letter.
One employee left his job with out any verbal or written information. Before he left he format his computer and delete all information.
My question is can we take any action against employee??

bhavika   09 January 2009 at 11:31

Leave Law's for IT Companies.

Dear All,

My self Bhavika Yadav working as Sr. Hr, i am currently pursuing my MBA with HRM. by education I am MCA.

I work with California based IT firm, here in my co. we have rule for 12 Paid Leaves in a year along with 8 Public Holidays as well as 2nd & 4th Saturday off.

now i give you one example, if 10th and 11th January,09 is 2nd saturday sunday and 14th Janusry,09 is public holiday for Uttran Festival.
An Employee applies for a leave on 12th & 13th January,09 .
My management ask me to count leaves from 12th,13th and 14th Janury,09. ( they count public holiday also as leave ) saying that it's a rule, and i am not clear with it.

i wanted to know clear rule for IT companies for leaves.

Arihant AC   09 January 2009 at 09:53

Exemption in Grautity Act 1972

Dear Experts,

One Trust Hospital has applied for exemption under Grautity Act 1972 as the said Hospital is running on Grant of Gujarat Government.that means 50% of Exps. passed by Gujarat Government & 40% is collected by donation for Trust while 10% is collection of money as a token charge collected from patient? The hospital has received the letter from Gujarat Governmentwhich stated that
" as per exemption under Grautity Act 1972 please follow rules as per grautity act 1972."

Sir may i know the Section under which said Hospital can get exemption sa the Hospital is running on no profit making business. Its just to help poor people in village who cannot exp. more after medical treatment ?

Thanks


parag s gandhi   08 January 2009 at 19:02

Paid holiday

Dear Sirs

My query is that if any declared paid holiday falls on the day of weekly off, and the routine practice is that weekly off is not paid, i.e. wages are paid for 26 days only. Than whether extra wages i.e. 26 +1 day for weekly off needs to be paid or not. Normally the practice of making extra payment was being followed when any paid holiday fell on some weekly off day. However in light of the current market condition, we wish to reconsider our stand. Kindly give your valuable comments.

V V SATYANARAYANA   08 January 2009 at 16:28

Registration under Factories Act.

Sirs,
I have got contract in April'07 from the mini steel plant for producing a small item. The owner has allotted me an area for doing this job by way of lease. Since I could not mobilise the resources, I have sub contracted the job to 'X'. 'X' has made constructed the manufacturing facility and doing the manufacturing the item. "X" is employing more than 100 employees.

I can not sub-lease the premises to 'X' for taking registration under Factories Act.

Since already considerable period of time lapsed, kindly guide me how to get the premises registered under Factories Act, with penalties if any.

Learned friends are requested to guide.

ooviya   08 January 2009 at 10:55

payment of bonus act

the employee -security guards who draw a salary of Rs. 5000/- a month (CTC). After deductions, the take home pay is approximately Rs. 3600/- which is quite low. the employer intend paying off the annual component of bonus every month along with the salary.

What are the statutory repercussions of monthly payoff ?

Are the employer violating any provisions of the Payment of Bonus Act ?

If so, how ?

If not, are the employer liable to pay annual bonus in addition to monthly bonus.

extend opinion on the above issue.