advocate satya
03 January 2009 at 13:21
sir
one matter was sub judice before the labour court, the employee even after getting ample opportunity has not given evidence, the court dismissed his matter, after four months he again filed the same petion before labour commissionr stating i was not aware of the date hence my petition was dismissed, so again his petition should be entertained, the commissioner issued notice to the respondent employer, the question is can he give a fresh petition on same ground when it is once dismissed?'
do the priciple of res judicata would not attract? and what about the time barred applicability?
any citation for the same?
seshachala
03 January 2009 at 09:36
please tell us is basic wages on which the epf is calculated is to be the minimum wages of the state or is it to be 60% of the gross salary. Is there any statuatory guide lines or any case laws stating that the basic wages must be not less than the minumum wages.
Ashwani
02 January 2009 at 16:41
Dear Sir/Madam,
One of my friends is working with a software MNC in India. Recently his company has made a policy stating that there will be "no Sick leaves" now onwards.
Is it legitimate according to indian labour laws? If no, then what can be done against such a sudden abandonment of the sick leaves by the company.
Regards,
Ashwani
seshachala
02 January 2009 at 14:56
please tell us is it mandatory for the pf basic wages to be the minimum wages of the state or the basic wages to be 60% of the gross salary while computing the employee provident fund contributions
ravi
31 December 2008 at 18:33
WE ARE ENGAGED IN RUNNING PIZZAHUT RESTAURANTS. WE WOULD LIKE TO HIRE SIZEABLE NUMBERS OF TRAINEES. AFTER 6 MONTHS OR ONE YEAR THEY MAY BE ABSORBED AS REGULAR EMPLOYEES ON COMPANYS PAY REGISTER
COULD YOU PLEASE ADVISE
1. WHAT TYPE OF OFFER LETTER TO ISSUE THEM
2. SALARY OR STIPEND
3. WILL PF & EST & OTHER STATUTORY OBLIGATIONS UNDER LABOUR ACT WILL BE APPLICABLE
4. IS SEPARATE REGISTRATION IS REQUIRED APART FROM CATERING ACT
5. IS ANY STATUTORY ATTENDANCE & ANY RECORDS UNDER PRESCRIBED FORMATE NEED TO BE MENTIONED
6. WHICH GOVT BODY WILL COME UNDER
THANKS
RAVI
CHENNAI
Rumy
30 December 2008 at 16:43
Dear All,
I am working in a firm which is a combination of a recruitment consultancy, SAP Training (Unauthorized) and SAP Project consultancy. The HO is based in Mumbai.
Now I am planning to quit. I have not been paid for the past 3 months as the company is going through a financial turmoil. There are other payments which are over due in kind of incentives.
What I want to know is the when I put in my papers, I would be looking for full and final settlement, but I am positive that the company will not release the payment in one shot whereas I want to finish it in one shot. So if required can I file a legal suite against my company.
1. How it is to be done?
2. Whom shall I approach?
3. What is the procedure?
4. What all documentary proof/evidence shall I have in my possession, before I quit.
5. What should be the standard fees of the legal adviser whom I will engage?
I will appreciate your inputs on this.
Kindly guide me.
Regards,
Rumy
Arihant AC
30 December 2008 at 09:18
Respected Experts,
Whether PF is applicable on following heads or not
1. Purchase of Cars, stores, Labour Exp. 2. Free Services Exp.
3. Freight, Octroi & Unloading Exp.
4. Advertise & Sales Promotion
5. Commission Exp.
6. Hospitality Exp.
7. Security Charges.
8. Salary & Wages Exp. (In which we had already paid PF contribution of those Employees whose Salary is under Rs. 6500/- while others are exempted. In this Account Incentive is paid at quaterly & also Bonus & retrachment Salary is also includes).
9. Apprentice Exp.
10. Labour Work done out side Premices (Job Work done out side the premices)
Regards,
NAC
Arihant AC
30 December 2008 at 09:13
Dear Experts,
I want to know that whether ESIC & PF is applicable on outside job work done by other establishment , Transportation Allowance, Medical Allowance, Washing Allowance Paid to Employee.
Regards,
NAC
jayanttelang
29 December 2008 at 21:38
Dear sirs,
Can u please send me details about judgement;
Abhayraj Jain vs Glaxo India,(division bench,mumbai HC,12th/14th Aug 2008.)
one more thing,can i file a complaint at my nearby laour court/high court,(regarding my subsistence allowance.)
In my matter,domestic inquiry is going on against me(from Feb. 2008) by management, at Ahmedabad,my co.is based at Ahmedabad,my work Place is nearby Indore (MP),i m a Medical Representative,
still management paying me only 50% of my salary,mng.denied to increase my salary,
Employer has already written in my appointment letter that, for any dispute,jurisdiction will be Ahmedabad,but my financial status is not good,and i m not able to file my complaint to Labour court/High court at Ahmedabad,due to financial problem,what would i do?kindly suggest me.
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Whether ESIC is Applicable ?
Respected Experts,
I want to know that whether Pathalogical Laboratory are coverable under ESIC Act 1948 or not?
Please Reply soon
Regards
NAC