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ll2Start a Discussion Forum on Labour Laws of India (any of one can also ask question in this page and any one can answer it)


189 Responses to “Discussion Forum on Labour Laws”

  1. Roy

    In the post demonetization scenario how much valid is the argument raised by the opposition wing that prime minister Modi should come and discuss the issue. however he is evading it

    Is it mandatory that prime minister should address the parliament in this context? if its so which is that constitutional clause pertaining to it.

    Reply
  2. Pravin Mhaisdhune

    Dear Sir,
    I am join July 2016 in Agility Logistics and resign on 2 June 2016. i have handover takeover formalities also completed on 30 June. But till date company not given my FNF amount. I really mentally harass rom company management.

    Kindly help

    Reply
  3. D. Ravi Kumar

    Could anyone enlighten me as to how many apprentices a company can have any given point of time, also let me know from labour law point of view is there any difference between an apprentice and trainee.

    Reply
  4. Sam

    Dear Sir,
    I have worked in a managerial capacity for almost 15 years with MNC in India. Company relocated me last year from one city to another within India after serving for 14 years at one location. My notice period is three months but my superior is willing to release me immediately on resigning.
    This year in April I was asked to find another job citing some reason as cost-cutting. In August I have been asked to resign by September end.

    I also do not wish to continue here. Please suggest compensation package that I am entitled legally to ask from the company.(Eg. salary for each month for number of years served with the company?, relocation allowance back to my city of dwelling? gratuity etc.)
    Thanking you very much.
    Regards
    Sam

    Reply
  5. Ishwarya

    Hello,

    I am working in a private firm and the notice period is of 3 months and they have not sent me a acceptance letter and my manager is constantly threatening that she would extend my notice period until the project gets over. The project is a ling term and it will not end in another 6-7 months. Please advice me on how to go about this scenario. I need my papers when I m leaving

    Reply
  6. Sylvia

    Hello Sir/Ma’am,
    I was working for a private US based private firm. They have asked me to leave without notice yesterday saying that my performance was not upto their expectations. So, now that I am jobless I want to know if am eligible to get the salary in lieu of my notice period or not.
    Thanks

    Reply
    • Thukral

      It depends upon the terms of employment in the appointment letter. The relief can be claimed under labour laws too if your job description falls within the definition of ‘workman’ in the Industrial Disputes Act

      Reply
  7. Venkataramanan

    Sirs/Madams
    I have worked as a employee for a private concern in india during the mid of year 2012 and resigned after completing probation of 6 months. Later that i went to overseas and came back now after 4 years to india due to personal problems . Now i am finding difficult to find job in my state eventhough opportunities come forward me by email and phone the manager (Mr. XYZ- Shall inform Later) of the private concern in Bangalore India has been circulating some bad information about me among the companies who are trying to hire me. Infact i got good contact certificate and work experience certificate from the same company but the information coming from the new companies who are interviewing me are giving feedback like the private company you worked since 4 years back did not certify you are as a good candidate likewise. I even tried to talk with that Manager personally over the phone also by email but there was no reply about his concern of passing such wrong message about me. To my knowledge i have never troubled him personally or professionally during the 6 month work period. Please advice how to resolve this matter legally or by personally talking to such concern.

    Reply
    • Thukral

      You can take several steps to redress the problem. You can file a suit for injunction against the company from indulging in such activity. You can also file a defamation suit against the manager who is passing such wrong information.

      Reply
  8. Nandhakumar K A

    Dear Sir/s

    The monthly wages of few of the contract workers stands exceeded Rs.15000/per month and come out of the ambit of ESI Act. I solicit you learnt opinion as to the scope of filing a Writ before the Hon’ble High Court seeking a direction to ESI Corporation to extend voluntary coverage under the ESI Scheme for these contract workers premising on the following grounds:

    • That the ESI Act, being a welfare legislation envisaging comprehensive Social Security Scheme, is socially protecting the ’employees’. The basic objective of the statute is to provide certain benefits in the event of sickness, maternity and employment injury to workmen (and their dependents) employed in Factories and other establishments come under its ambit.

    • That once a factory or an Establishment is covered under the Act, it continues to be covered notwithstanding the fact that the number of persons/ coverable employees employed therein at any time falls below the required limit or there is a change in the manufacturing activity.

    • That an employee who crosses the ceiling limit prescribed by the Central Government (Rs.15000/) in any month at any time after commencement of the contribution period, he/she would continue to be an employee till the end of that contribution period. Though there is a ceiling limit of wages for coverage of an employee, there is no ceiling limit in the definition of wages for payment of contribution. Hence, contribution is payable on the total wages without any ceiling limit.

    • That there is no rationality or justification in denying coverage thereby depriving the benefits envisaged under the Act to the employees merely because of their wages getting exceeded by even 1 rupee from the existing ceiling fixed at Rs. 15000 under the definition of employee under Section 9 of the ESI Act.

    • That the deprivation of the benefits to the workmen on the above sole ground (wages) defeats the very objective of a welfare statute.

    • That the clause stipulating quantum of wages for coverage is not a prohibitory clause, rather, only a restrictive clause.

    • That in the instant case, neither the employer nor the employee have any objection whatsoever as to the voluntary coverage of contract workers whose wages exceeded Rs. 15000.

    • That it is high time to enhance the the wage ceiling for coverage, which now stands at Rs.15000/, taking in to consideration of the present day reality, though the matter is still pending with the Central Govt.

    • That the term ‘exempted employee’ defined under Sec 10 of the ESI Act merely denotes an employee who is not liable to pay the employee contributions. The exemption limit with effect from 01.07.2011 is Rs. 100/per day. However, employer’s contribution is payable on these wages.

    • That there is an inherent provision in the Employees Provident Fund and Miscellaneous Provision Act 1942, which is also a welfare statute, for the voluntary coverage of employees whose basic wages exceeded the prescribed limit by moving a joint application by the employer and employee.

    • That the Govt. of India have already initiated a move to expand the coverage of beneficiaries under the ESI Act even extending the benefits under the statute to autorikshaw drivers with an annual contribution of Rs. 3000 from their side.

    Reference on Case laws, if any, in the matter, would be highly appreciated.

    Regards

    Nandhakumar K A

    Reply
  9. Pradeep Kumar

    Hello sir/mam, i was an employee for a Public school and worked for 5 years and 3 months.I had resigned on 12th of january this year and hasn’t been paid my outstanding till now.When ever i ask about my status over the full and final they concludes with some issues about approvals of seniors pending as they are on tour etc etc…However people resigning on march months has also got their Full and final settlement.
    To add on, i left my company along with 3 colleagues following my resignation, due to inhumane behaviour by my Senior HOD..

    Hence, my query is that if i can file a case against this differentiation and harrashment created as quitting job wasn’t my option and i was made to..now i am unemployed and my full and final settlement would help me in my present financial status.

    Reply
    • Thukral

      Were you a teacher or employed in other jobs relating to school. You can file a complaint with the Distt. Education Officer. You can also claim your outstanding dues by filing a claim petition in school Tribunal of your state. If you were not a teacher, beside above remedies you can claim through Labour court under sec 33 C(2) of Industrial Disputes Act.

      Reply
  10. Rupesh Gupta

    Dear Sir,

    I worked in software company from feb,2015 to feb,2016, there was a notice period which may vary 0-30 days.
    so i put my resignation on 23rd of Feb. and they give me relevance by 25th Feb.
    now in my experience letter they mentioned that “He did not fulfil the commitment to stay till the completion of assigned project”.
    Although, I had committed no where as such. Had put my resignation as per company policy.
    Also had mailing conversation with HR team but now they are not coming for face to face discussion.
    During the telephonic conversation when I ask them to show any proof where I had committed to stay till the completion of project, the only answer was that a verbal commitment was made which I also don’t know when?
    Had also tried to approach the Unit head of the company he is also not helping in this context.

    Please suggest what should I do?
    I need a clean Experience Letter with no negative statement mentioned for smooth career flow.

    Reply
  11. confi

    Hi all,I have joined in a company [50 employees] as a fresher, at that time they told that you got selected and you will have service bond of 1 year without sending any mail confirmation they ask me to join, when I am asking for offer letter they told you directly come and join then we will provide all those things after a week.After joining a job if I ask for offer letter they just postponed it by asking us to come tomorrow.They got sign for bond and without giving its copy to us.But now If I asks for reliving they are telling that “who told that you signed for 1 year bond , we put 2 years of bond for you”,Not only me all employees in my company facing the same problem,Is there any way for us to break the bond of 2 years[said by management,1 year completed] ?

    Reply
    • Ritesh Maity, Labour Law Advocate

      Bond or service agreement of these form is illegal, irrespective of the period. The Supreme Court has stated that an employer can at no point of time debar its employees to join another company (even a competitor) for his better future. Non-issuance of offer/ appointment letter and bond related to bonded labour are illegal and amounts to unfair labour practice.

      You can check my blog http://www.labourlawhub.com for more information.

      Reply
  12. sijish nambiar

    Dear sir, I am sijish nambiar-farm Labour Advicer/Recruiter for Dairy farms,Plantations,agri farms in southindia-Tamilnadu,kerala,Karnataka.My office located at palnai in Dindigul Distrtct,Tamilnadu.

    I am well qualified for this Labour service because I have finished my agriculture,worked in Central govt(ICAR),International crop research(ICRISAT) and few Plantations as a consultant.with Institutional experience,I started a Private consultancy,namely GWT agriculture which is registered with govt of india,TNIDNO:2650 for Technical consultancy as well farm labour consultancy for farmers. even I am waiting for Govt.subsidy (33%)for this service

    Past 5 years,many of our clients and labours are happy working in various agri-farms.Since I ve professionally managed,we have not faced any police complaint,legal issues,political party involvement with regard to workers,owners. Our terms of service : Owners would pay non-refundable rs 15,000 as our service charge for One year . Recruiting or replacing workers.It is for negotiating and Explain to labours about owners farm ,nature of job,salary ,facilities including television advertisement,banner,notice,Travelling expenses.

    This is very very low amount being taking highly risk job in between owners property-Labour Responsibility. Of late,we are forced to Group verbal attack by non -business member in various forums without knowing our practical difficalities :weed:

    how to get legalized or Govt approval for do this service?

    https://www.facebook.com/farmlaboursrecruitingservice

    Reply
  13. Eleena

    I am working in a IT company, on January month Company CTO called me and one of my collogue, told us that due to company cost cutting I am giving you warning that we will think about you for next month. He told me personally that my work is 60% and another guy work is 40%. Then he did not send me any kind of official mail that I was in notice period in Jan month. In feb.1st I sent him a resignation mail. suddenly he mail me to leave the company on that day and told me that he is not going to pay me one month of extra salary. What I will do now? How can I file a case against company. I have the offer letter of this company, after complete my probation period I asked him to give me the appointment letter.My CTO told me that this is on process. I have the salary account proof, employee id proof of this Company. Kindly help me what will be the correct step for this situation.

    Reply
    • Jagadish Paranjape

      While asking question, it is necessary to mention the post and nature of work as well as date of joining etc.Depending on above details ,nature of remedies could vary.

      Reply
  14. Shishupal

    I Was Working In A Law Firm Since September 2014. As The Office Is So Far So I Raise The Point Of Office Timing The Executive Told Me That Office Hours Are 9:30 To 6:30 And Only On Urgency Or Work At Office Employee Has To Stay Late Otherwise Usually Employee Leave Office On Time. But After Joining I Have Been Forced To Stay Late 8:00 PM Without Any Work, Some Time I Have To Stay 10:00 PM Deliberately To Stay Late. No Overtime Is Paid. Due To Metro Service Problem I Got Late Last August Around Whole Month They Have Deducted My 3 Days Salary As Per Their Late Coming Policy. There Is A System If Senior Allow My Late Attendance There May Be No Deduction But My Senior Refused To Do So And Ask Me To Forward My Attendance Sheet To Proprietor. The Proprietor Did Not Ask Me For My Late Coming And Refused To Allow The Same Due To Which HR Deducted My Salary Of 3 Days Without Keeping In My Late Sitting.

    We Have Three Holidays 2nd October (Gandhi Jayanti) 3rd October Declared Holiday By Office And The 4th October 2015 As Sunday But My Senior Asked Me To Visit To Lawyer At Tis Hazari For Drafting Of Some Reply Where I Worked Late 10:00 PM. On 3rd October I Was At Home I Have Been Called And Asked To Reach Office And From Office To High Court For Filing Of A Case. I Did As Instructed. After Filing I Have Been Instructed To Reach Office And Typed Some Dim Annexures. Which May Be 2 And 1/2 Hour Work But My Senior Asked To Attend The Office On 4th October, I.E. Sunday Which I Refused To Do Due To Some Personal Engagement. He Asked Me To Talk To Proprietor And Arranged My Talk With Proprietor Over Phone. Proprietor Also Asked Me To Attend Office On Sunday Which I Refused Again. He Asked Me To Resign I Told Him That Why Should I Resign Then He Asked Me To Leave Office And Warned Me Not To Enter In The Office And Verbally Terminated My Services. I Left The Office. Now They Are Asking Me To Go On Deputation To Mumbai, I Have To Purchase Travel Ticket At My Own. No Arrangement Of My Stay At Mumbai Or Any Other Facility. As Well As Instructed Me Not To Attend My Parent Office In Delhi.

    Please Advise What Can I Do Now.

    Regards

    Shishupal Singh

    Reply
  15. V.SRINIVASAN

    Dear Sir, I am Sreenivasan from Tamilnadu. I have joined one Software Solutions company based in south tamilnadu as a Marketing Manager one and a half years before by agreement basis. As per our agreement , in case of this agreement terminated by either side, should be informed before 90 days as notice period. The second page of our agreement words as below.

    First party and second party have agreed to share as mentioned in the following table and the
    share (60% is for First Party & 40% is for Second Party after deducting the administrative expenses)
    is calculated from the collection received from any type of revenue including software
    installation charge, AMC and commission received from third party.
    .
    a. Since software sales is subject to tax, revenue for the share is considered excluding all
    the taxes and charges.

    b. Administration expenses includes all type of monthly expenses made for the firm and
    provisions to meet future investments in expansion of the firm.

    c. Payment will be to the second party by the first party as fixed amount Rs.15000/-
    (Rupees fifteen thousand only) on monthly basis and the remaining amount based on
    the share calculated from the monthly collection of revenue and will be settled at the
    end of every quarter of the year.

    in case of this agreement is terminated by either side, should be informed before 90 days as
    notice period.

    a. First party has to pay the remaining share to the second party based on the outstanding
    from the customers excluding bad debtors within one year from the date of termination
    based on the accounts statement.

    I have sent a notification email on 04.09.2015 to my first party (employer) that I am leaving my position with his company and the last day of my working is effect on 30/11/2015 with a notice period of 3 months as per our agreement. But the first party (my employer) has sent me the reply email on 14.09.2015 and informed me that he terminated my agreement with immediate effect on 14.09.2015 due to misconduct and our agreement will be closed on 13.12.2015. And also he said that he is not liable to pay the monthly fixed amount of Rs.15000/- for the notice period of 3 months. And also he holding the monthly fixed amount of Rs.15000/- and my conveyance claim of Rs.1810/- for the month of August’15.

    I request you to kindly inform me whether I am eligible for getting the monthly fixed amount of Rs.15000/- for the notice period of 3 months or not. And can i claim my monthly fixed amount of Rs.15000/- and my conveyance claim amount of Rs.1810/- for August’15.

    Can I get the above settlement amounts If I file a legal case against to my employer at Labour Court??

    Reply
  16. Radhakrishnan

    Please replay me, that, retired age completed parson, to coninue in a privete firm, what legal validity for his appontment, what post he can carry his work. what will be his power in that firm;

    Reply
  17. Dr. Santhosh Kumar

    Sir/Madam,

    I have joined Govt. service 9/7/2014 as group A officer. Probation period: 2Yrs. Office has a culture of unusual delay in confirmation of service. Now there are talks that ministry is planning to convert office to autonomous body. In this light, what are my rights/fate as a probationer as on date or till 9/7/16, to be retained in government service on par with permanent employees.This move by the ministry comes as a result of heavy under performance of the organization in terms of low returns on revenue. In this context new comers or probationers who were not at all connected with the office for the time past over which the office’s performance is being judged, are to be held responsible or victimised. Moreover, how genuine is it that those responsible completely/partially are provided with an option to choose between autonomous or government, while probationers are left as scapegoats to be slaughtered….
    Please advise
    Kind Regards

    Dr. Santhosh Kumar

    Reply
  18. Brijesh

    I work for a Pvt Ltd company in Mumbai, whose registered office is in MP.

    Employees of the organization have not been paid salaries for 4-5 months. Every month the HR and management keep saying in a few days salaries will be released… but the same has not happened so far.

    Some employees have not been able to pay their utility bills, have had electricity supply to their home cut off, home telephone lines have been cut, one employee’s wife has gone to her native place saying when you get you salary i will come back… some employees come walking from the nearest station to the office and many other grievances.

    In your expert opinion, what should we do?

    Reply
  19. Subhash P Das

    Hello mam, i was an employee for a multinational company and worked for 6 years and 9 months.I had resigned on 23rd of january this year and hasn’t been paid my outstanding till now.When ever i ask about my status over the full and final they concludes with some issues about approvals of seniors pending as they are on tour etc etc…However people resigning on march months has also got their Full and final settlement.
    To add on, i left my company along with 3 colleagues following my resignation, due to inhumane behaviour by my Senior manager.

    Hence, my query is that if i can file a case against this differentiation and harrashment created as quitting job wasn’t my option and i was made to..now i am unemployed and my full and final settlement would help me in my present financial status.

    Reply
  20. K. Paripurna

    Sir , I requested you to help by giving suggesstion. But no reply. Please help me sir. K.Paripurna.

    Reply
  21. K. Paripurna

    Respected sir, After 35 years of my service as a P.G.T I was retired from a reputed school on March 2014. They paid me gratuity 3.5 lakhs instead of 8.33 lakhs ( according to gratuity act I am eligible for that). Hence I filed the case in labor court. After the hearings judge has reserved case for judgement on October 2014. But till today judge has not pronounced the judgement. According to the Supreme Court guidelines with in maximum of three months judge should give judgement. But nothing was done. Twice personally I requested,and twice our lawyer requested for early judgement but nothing was done. Now what should I do? To whom should I request for the early judgement? Please guide me in this regard. Thank you in advance

    Reply
  22. Vivek Tiwari

    Hello Sir ,

    I need your quick advice on my issue.

    In my current company, according to the policy, employees who have worked from Jan-Dec and are still part of the company in April are eligible to get the variable pay.
    However the variable pay is given only in April in the next year so if the employee has worked from January – December but is not available in the month of April next year does not get the variable pay.

    As per my offer letter my variable pay is almost Rs. 50000 per anum. I have resigned on 8th december,2014 and my last working day is 8th March 2015. Due to this policy, I won’t be getting my variable pay.
    Could you please suggest how to go about this issue? and where to file complain if needed.

    Regards
    Vivek Tiwari

    Reply
  23. dip

    Currently I am working with one of big MNC,I joined 4 months back.
    Prior to joining I submitted soft copies of all my educational certificates as it is to my current employer(Soft copies Original certificates as it is).
    At the time of joining i submitted my Xerox copies of all my educational certificates.
    But in past I edited my soft copy of one of mark sheet, just as time pass.
    But now i am afraiding that by mistake i submitted Xerox copy of that edited soft copies to my current employer
    at the time of joining (not sure submitted Xerox copies are edited or as it is but i submitted soft copies of educational certificates as it is).
    I have not tempered my original mark sheet that is still in normal form so this is not forgery.
    My all educational documents are attested by notary but i am sure notary did not check my origionals.

    Moreover my all original soft copies are with employer there is no intention of mine to cheat for gaining employment.
    Additionally I do not have any profit because of this I got employment on the basis of my experience and qualification.mpered
    if xerox copy found tempered it is just mistake because origionals are with my current employer.

    Is there any criminal action against this.
    Is there any crime from my side.
    Is this will be prcecuted under penal act IPC 463 with punishment.

    Please suggest on this.
    Moreover what shall i do for avoiding any risk, resignation is good option for this.

    Reply
  24. Y N DEAKSHITULU

    I was selected as Assistant/Typist by National Insurance Co. Ltd, Kolkata, on behalf of their other 3 Insurance PSUs i.e. Oriental, New India Assurance and United India Assurance and my name was listed in their panel list made in 1982. From that panel list as many as 71 candidates were employed. with in 2 years, though validity of panel list was kept for one year. As such 4 empanelled candidates named after 71, have approached Hon’ble court of Orissa and they were given employment. I approahed Hon’ble High Court of Orissa for justice and was awarded judgement to give employment if any candidates named after my sl. no. 91 was provided service within 3 months from the date of judgement otherwise, to give in the future vacancies, provided I submit my representation within 15 days from the date of judgement. After waiting for a long time , National Insurance for itself and on behalf of their 3 above mentioned PSUs have given paper advertisement for filling up of 2,700 Assistant posts. Against this I again requested under Regd. Post letters the CMD/General, National Insurance, Kolkata. They are remaining silent and are not responding. May please advise as to steps I can take up for getting the justice. May please help by advisng suitably. Thanking you, Y N DEAKSHITULU, 80087-97597

    Reply
  25. Manikanta.s

    I worked as a sir executive in logix express pvt ltd transportation company and i left the job in July 2014 because i did’t get the salary from April 2014.

    But not yet get my salary/full and final settlement and no one will taking responsibility for my amount.

    pls suggest for file the case in the name of company.

    Regards,
    Manikanta

    Reply
  26. Somit Hazra

    I am appointed & working as a CONTRACTUAL Employee under West Bengal State health & family welfare , as Medical Officer of RBSK . Prior to that i was engaged in Private practice and medical transcription at home ( as a sub-contract) from a company, which did not have any objection in multitasking ,verbally though.

    Now , my question is , in my current job as Contractual medical officer , am i allowed to do private practice &/or medical transcription in the time , which is not consumed by my primary job ( i.e.medical officer) . Since ,the time is not conflicting , will there be any conflict of interest according to service rules.

    I ask this, bcoz it is a temporary post and contractual too. Also , i do realise i have the potential to earn some extra bucks.

    Would be grateful if anyone can help on this .

    Thanks

    Reply
  27. saurabh

    Sir
    What is the maximum period within which an employer can file case against an employee for not giving notice before resignation?

    Reply
  28. B.R.PATIL

    Dear Sir,
    i am working in a company since from more than 6.5 years
    there is no increment from last 3.5 years
    shall i fight with company as per employment act please confirm

    Reply
  29. siddhartha sengar

    Sir i was working in a small news paper registered in delhi , as per my appointment letter i was appointed for delhi NCR since july 13 , company has terminated me without notice on 11 march 14 , i had not recived my salary for the month of jan to march 14, no any person in company is responding. i dont have money to go delhi again & again to persue case , company has one representative in lucknow also . pl suggest what should i do to get money .

    Regards
    siddhartha
    8954886224
    lucknow

    Reply
  30. m. ramanathan

    dear sir,
    i am an employee of manipal hospital bangalore was poured acid by another employee in may 2007 at hospital premises itself for which i am unable to get justise for the past 7 years. i need the response of hospital chairman directly since the management is hiding the matter to their boss. can i get justice through labour law. please do the needful

    Reply
  31. misha bhalla

    I came across helpmepapa.com and asked a similar type of questions. Got a great response from the best of the professionals within 3-4 hours, that too for free. Try it out.

    Reply
  32. S.Mandal

    Sir,
    I am working in a private organisation.Due to urgency I resigned with 2 days notice period.
    But the organisation doesn’t want to release me.Please advice.

    Reply
  33. Sudhanshu

    Labour rules for management staff.
    If I am a senior staff can I be terminated without notice and without salary. Is there any forum where I can get justice?

    Reply
  34. Natty

    A minor girl taking an advantage of being underage, she logged a false police complaint against a boy with whom she was in love with. They both were in a love affair from last one year.
    They both belonged to different caste and cultures, on the insistence of family the boy got married to his caste girl, arranged by his family.
    When the boys marriage came in knowledge of lover girl she insisted him to meet for the last time and intimated him for sexual relation with her and she even succeeded in that later she lodged a false complaint of rape against that boy although he is innocent & he did not wanted to create problems between two families, that is the reason he took a very sensible decision of getting married to a girl of his own cast and culture but being unaware of such a step that would be taken from her lover girl against him.
    Please help me what should be done in such a case because this boy is my brother.

    Reply
  35. advocatessk

    Labour, Industrial And Service Laws

    Our team of Universal Legal also provides service to labor,industrial and service related issues such as Labor management disputes,industrial unrest,employment and service contracts,appointment,service conditions of labor,payment of minimum wages,bonus pension,gratuity and medical allowences,payment of compensation to the workmen who suffered during the course of employment,disciplinary actions,conducting domestic enquiries,questioning and defending the terminations,promoting the employees, workmen,and staffs in the industrial establishments and government service of both stae and central in the Labor Court Labor Welfare Officer,Concilliation meetings covened by the Labor Commissioner,High Court and Industrial Tribunal and Administrative Tribunal.

    Reply
  36. Motilal Kadam

    Hi All,

    I work as a Facilities Specialist in a MNC handling employee transportation. we have more than 100 contracted vehicles engaged in. As a principal employer we need to ensure whether all drivers and supervisors are covered under shop act and labour laws.
    Can you please let me know what is the term or contract type which doesn’t fall under the labour compliances?

    Reply
  37. himanshu

    hi.
    i was working at dav as a english teacher . i got ill ‘pneumonia’ and could not attend school.for nearly 10 days.on 9 may i reached school and was not allowed to join saying i was terminated as i was on probation and my leaves r unscheduled.i asked for termination letter but was not provided with it .i went to school from 9 to 11 may but was not allowed to sign the register,then summer vacation came these people has stopped my april month salary ,did not gave may month salary and june holidays salary .i do not know what should i do .please help if u can

    Reply
  38. rakesh kumar gupta

    I want to know if the workman go to factory daily but the employer notallow in factory with and reasion . what the workman can claim over wages in 33c2 under I.D act please give me with high court and suprem court rulling

    Reply
  39. Call Center Employee

    Hi,

    Here is the story and my query:
    My wife works for a MNC Call center. Recently she went through an Internal Job Posting process and was successful. She got an email stating that she is successful and has been selected as a coach. Now, her existing business does not want to relieve her as she is the best performer in that business and are asking for 2 months, the new business where she has been selected is not willing to wait for 2 months and is seeking to recruit someone else.
    My question is, since she has already been selected as a coach, due to internal squabbling if she is not able to take up this position, do we have a case to go legal against the company? She has worked really hard to get to this position and now she can see it just slipping away. What legal options do we have as per labour laws?

    Reply
  40. T.R. Nagesh

    Dear Learned Gentlemen: I am a Medical Transcriptionist who worked for an MNC in Bangalore for a period of nearly 10 years. During July and August 2012, there were very less number of jobs and I could not meet my monthly targets. The company did not pay my salaries for those 2 months giving the reason of nonperformance although it is the responsibility of the company to provide jobs. Hence, I submitted my resignation for my job on 25/8/2012 and my superiors called me for a discussion and convinced me to continue with the job and stated that the salary issue will be considered sympathetically and the salary will be paid after getting the approval from the Regional Office in Mumbai. Hence, I withdrew my resignation. Later, they did not pay the salary stating that the Regional Office did not approve the salary request, and I again submitted my resignation on 25/9/2012. I was not paid the Statutory Bonus for 5 years (2008 to 2012). My gross salary was Rs.13,000/= PM and Basic+DA was Rs.7200/= PM. Also, the company was paying very less basic pay thereby compromising the social security of the employees by paying very lesser contributions for PF, ESI, and Gratuity. The company also did not hike the basic pay and did not give periodic increments in the salaries all these years in spite of the cost of living going up with each passing day. I approached the Labour commissioner, Bangalore, for the issues of nonpayment of 2 months’ salary, statutory bonus for 6 years, and lesser basic pay and other allowances in accordance with the cost of living prevailed throughout my service of almost 10 years. The Labor commisioner sent a notice to the company and we attended about 3 hearings. The Company was adamant to maintain that they have paid whatever is due to me and are not entitled to pay anything. In the last hearing, the Labour Commissioner also expressed the limitation of his powers and advised me to take the matter to the Labour Court. Now, my sincere request to you is to please advise the future course of action to be taken by me. I do not know how long the case might drag and the possible fee that an advocate might charge. Thanking you in advance, in anticipation of your valuable advice, Regards, T.R. Nagesh

    Reply
  41. T.R. Nagesh

    Dear Learned Gentlemen:

    I am a Medical Transcriptionist who worked for an MNC in Bangalore for a period of nearly 10 years. During July and August 2012, there were very less number of jobs and I could not meet my monthly targets. The company did not pay my salaries for those 2 months giving the reason of nonperformance although it is the responsibility of the company to provide jobs. Hence, I submitted my resignation for my job on 25/8/2012 and my superiors called me for a discussion and convinced me to continue with the job and stated that the salary issue will be considered sympathetically and the salary will be paid after getting the approval from the Regional Office in Mumbai. Hence, I withdrew my resignation. Later, they did not pay the salary stating that the Regional Office did not approve the salary request, and I again submitted my resignation on 25/9/2012.

    I was not paid the Statutory Bonus for 5 years (2008 to 2012). My gross salary was Rs.13,000/= PM and Basic+DA was Rs.7200/= PM.

    Also, the company was paying very less basic pay thereby compromising the social security of the employees by paying very lesser contributions for PF, ESI, and Gratuity.

    The company also did not hike the basic pay and did not give periodic increments in the salaries all these years in spite of the cost of living going up with each passing day.

    I approached the Labour commissioner, Bangalore, for the issues of nonpayment of 2 months’ salary, statutory bonus for 6 years, and lesser basic pay and other allowances in accordance with the cost of living prevailed throughout my service of almost 10 years. The Labor commisioner sent a notice to the company and we attended about 3 hearings. The Company was adamant to maintain that they have paid whatever is due to me and are not entitled to pay anything. In the last hearing, the Labour Commissioner also expressed the limitation of his powers and advised me to take the matter to the Labour Court. Now, my sincere request to you is to please advise the future course of action to be taken by me. I do not know how long the case might drag and the possible fee that an advocate might charge.

    Thanking you in advance, in anticipation of your valuable advice,

    Regards,

    T.R. Nagesh

    Reply
  42. Pavan

    I have Applied for H1B visa and as part of education evaluation they have asked me skill letter for my previous employer, I have got it from all employers except one company, when i have mailed them they are saying they cant provide in the format requested by USCIS and they will give in their standard format, can i register a complaint against that company in labour court?

    Reply
  43. Tack

    One of the best Training programs on Labour Laws and Statutory Compliance for all specific needs is being conducted by Tackyon IT Consulting in India. It gives insight in to legalities as well as applicability. Your queries can be resolved by them. find details on http://www.tackyon.in/hrtraining.pdf. You may rech on 09310634007

    Reply
  44. B.Omanakuttan

    Dear sir,
    If high court ordered to merge two post with diffrent grade pay, is there is any rule to not responding by the Administration to the judgement .
    Thank you sir,
    omanakuttan

    Reply
  45. BLKRISHNA PORWAL

    I M EMPLOYED as a doctor mbbs with my work was 2check pt. &prescribe treatment no other liability divert on me 1 medicalofficer upon me other hospital supervisory work manage by manager, my salary was 18000/month& total my worked period was 13 month, my query isthat whether i m workman under id act r not,thanks

    Reply
  46. BALKRISHNA PORWAL

    SIR/MADAM, I M WORKED AS A MBBS DOCTOR IN A PUBLIC LTD HOSPITALWITH SALARY OF 18000/MONTH IN 2010WITH MY WORK WAS CHECK UP PATIENT &WRITE DOWN TREATMENT NO OTHER SUPERVISORY WORK, NO OTHER DUTY , UPON ME OTHER MEDICALOFFICERCALLED HIS DESIGNATION CHEIF MEDICAL OFFICER,OTHER HOSPITAL WORK WAS MANAGED BY 1 MANAGER.NOW QUERY IS THAT WHETHER I M WORKMAN UNDER ID ACT R NOT . TRUSTY DISMISSED ME AFTER 13 MONTH PASSED WITH ANY NOTICE&REASON, SO CAN I GET RELIEF UNDER ID ACT R NOT

    Reply
  47. Umesh Kumar sen

    How to manage employee in a partnership firm?
    1) How to terminate employment of an Employee?
    2) What are the norms to bind employee to leave firm with a prior information?

    Reply
  48. SANKARDAS BNERJEE

    Respected Sir,
    Our sales staff collect the value of our supplied materils from the client ,but did not give diposit to office,long after we come to know that he collect the money and expense the amount for his personal .Now we want to know what action & how we will bring back the money from him. He is not working with us now.

    Reply
  49. Sampat Tidke

    Is it mandatory to issue salary/wage slip to the employees by an employer ? If yes, before the salary disbursement or after the salary disbursement ? What is the penalty on employer in case of any default ?

    Reply
  50. Sumit Sinha

    Sir, I work in a supervisory role in a leading ITES BPO company. As per their new exit poilcy effective from Jan, any supervisor or above has to serve a notice period of 2 months or else have to pay 2 months GROSS SALARY? If someone has to leave the job immediately due to personal reasons or if a new attractive job is obtained, the new company won’t wait for 2 months, and the compensation to not serve the notice is too high. Can the company submit a legal case against me, if I don’t pay?

    Reply
  51. yashwant

    SIR, i was working as a Project Manager for a contractor at HPCL,LONI PUNE. i left my job due to some personal reasons providing the employer with a resignation letter. I worked there for eleven odd months. according to the rules, i feel that i should be paid bonus+leaves+funds along with the consolidated salary. but the employer insists that i m entitled to a consolidated salary only, and the rest is not payable, which has led to a dispute.
    so, i request you to provide me suitable guidance and insight of the laws concerned, regarding whose stand is correct in this matter. i would appreciate immediate reply and help.
    thanking you in anticipation

    Reply
  52. YASHWANT B NIMBALKAR

    SIR, i was working as a Project Manager for a contractor at HPCL,LONI PUNE. i left my job due to some personal reasons providing the employer with a resignation letter. I worked there for eleven odd months. according to the rules, i feel that i should be paid bonus+leaves+funds along with the consolidated salary. but the employer insists that i m entitled to a consolidated salary only, and the rest is not payable, which has led to a dispute.
    so, i request you to provide me suitable guidance and insight of the laws concerned, regarding whose stand is correct in this matter. i would appreciate immediate reply and help.
    thanking you in anticipation.

    Reply
  53. IGNATIUS M

    Sir

    Greetings

    I would be greatly obliged to get your views, opinion on the following.
    (A) In an office some officials had created a nasty scene. Due to some reason, grievance some officials had been throwing the Attendace Register, had shouted and abused the senior officers. They refu sed to calm down.
    (B) Later on in the Office of HOD, they with a mob of other officials further shouted , abused and also manhandled the HOD. Threw the files, furnitures etc.
    Afterwards there was a FIR too by the two sides.(i.e. by Mgt. side and the employees mob)
    (1) Now the question arises can an Official who has been a witness to part (A) above, and living in the same Hostel with the accused as mentioned in (A) though Senior to him, of same home district, present during the FIR can he be the Disciplinary Authority in this case.
    (2) Will it be fair, of natural justice.
    (3) Will it give the accused a chance to mar the case etc
    (4) Will it not be a biased DA, as he already knows about it, and it cannot be impartial.
    Your valued view are requested, some case laws can also be cited please.
    Yours faithfully,
    Ignatius M

    Sir,

    I would be greatly obliged to get your views, opinion on the following.

    (A) In an office some officials had created a nasty scene. Due to some reason, grievance some officials had been throwing the Attendace Register, had shouted and abused the senior officers. They refu sed to calm down.

    (B) Later on in the Office of HOD, they with a mob of other officials further shouted , abused and also manhandled the HOD. Threw the files, furnitures etc.

    Afterwards there was a FIR too by the two sides.(i.e. by Mgt. side and the employees mob)

    (1) Now the question arises can an Official who has been a witness to part (A) above, and living in the same Hostel with the accused as mentioned in (A) though Senior to him, of same home district, present during the FIR can he be the Disciplinary Authority in this case.

    (2) Will it be fair, of natural justice.

    (3) Will it give the accused a chance to mar the case etc

    (4) Will it not be a biased DA, as he already knows about it, and it cannot be impartial.

    Your valued view are requested, some case laws can also be cited please.

    Yours faithfully,

    Ignatius M

    Reply
  54. Binod Kumar Goswami

    Respected Sir/ Madam,
    Good Evening/ Jai Hind.
    Presently I am serving in BSF(MHA). I select as constable fit in 1997 but deptt. dono’t issue order to joining. Then I lodge petition in H’nble High Court. Then deppt. issue order to join me in 2000 (Order by Court). But deppt. pay facility from 2000 which should be pay from 1997 because in this case totally fault of deptt. If deptt. call me in timely I able to join. I Want to getting facility (All) since 1997, it’s possible? If yes, tell me How?. Kindly hlp me. Also send me estimate of this case if you deal, by return mail.

    With regard’s,
    B K Goswami,
    75 Bn BSF

    Reply
  55. T R Nagesh

    Dear Sirs,

    I have been working for an MNC for the last almost 10 years and they paid the Statutory bonus for only 1 or 2 years when the law was implemented and then stopped payment of the Statutory Bonus. They manipulated the allowance headings in the salary slip by changing the name of a productivity-linked allowance which is paid on a monthly basis to BONUS and stopped paying the Statutory bonus. Now, I would like to know if I can take legal support to get back my bonus. Also, please advise if I can go to a labor court after resigning and relieved from the job or should I approach the court while in service only.

    Thanks n Regards,
    T.R. Nagesh

    Reply
  56. M. VEERAN

    Recently I am belongs to SC %dismissal from Union Bank of India after inquiry due to sanction of loan by other Manager.But latest in our bank one Forward Chief manger,he is did above my case but only 2 increments cut.There is a partiality in our banking in
    SC & forward community. Management safe guard forward community

    Reply
  57. VIVEK SINGH

    Dear Sir/Madam,

    Greetings !

    My query is that I got admission in a Government central university for pursuing PG course(mba). University states that it will not allowed to take up a job during a course duration and other thing is that it is submitting the degree and marksheets of my graduate course. I am expected to get a government job this year as I have qualified many job competitive exams. My interviews are scheduled for job in next two or three months.

    My question is that I am able to give my job interviews?
    is it my right or not to take part in recruitment exams while pursuing a course or not?
    will university has a right to submit the documents and degree/marksheets of a certificate and prohibit me from giving interviews?

    Reply
  58. santhosh paul

    My friend is Central Government employee and got injured in June 2011, while on duty and declared 20% partial / permanent disability by doctor. He is a “Machinist” by profession, he was sanctioned 6 months Hurt Leave. Now he want to claim Workmen Compensation for the 20% disability @ Rs.1,90,000/- nearly. Management is refuse to pay full amount, stating individual has already drawn Rs.90,000/- in the form of Hurt Leave. Hence, balance Rs.1,00,00 will be paid to the individual.
    Is it genuine, in this case ?
    Can you Please give me your valuable suggestions for receiving full amount.
    Thank you.

    Reply
  59. santhosh paul

    My friend is Central Government employee and got injured while on duty and declared 20% partial / permanent disability by doctor. He is Machinist by profession, he was sanctioned 6 months hurt leave. Now he want to claim compensation for the 20% disability @ Rs.1,90,000/- nearly. Management is refuse to pay full amount, stating individual has already drawn Rs.90,000/- in the form of hurt leave. Hence, balance Rs.1,00,00 will be paid to the individual.
    Is it genuine, in this case ?
    Can you Please give me your valuable suggestions.
    Thank you.

    Reply
  60. Mohan

    hi,
    I am working in software company from last 7 months. they have not given me any joining letter and i have not signed any bond. still i have given them 20 days notice before leaving job. now day are not giving me salary certificate and experience certificate. They are saying you have to work for 1 year then we will give you those certificate what should I do?

    Reply
  61. essar

    I joined a Company A in June 2011 which had the following clause in the appointment letter:

    “During and after the period of your employment with the company, you shall not join client companies, competitors or consulting firms in the same industry for a period of 2 years after leaving, without management’s specific written permission. The management shall be entitled to seek such injunctive relief from courts, apart from damages”

    There is a separate clause in the same letter which states:

    “You will be on probation for a period of 12 months from your date of joining. Your services will be confirmed on successful completion of your probationary period”

    I quit the company in May 2011 before completion of the probationary period & joined Company B, which is a competitor. I have received the experience certificate & relieving letter from Company A. However, I had not told them I’m joining Company B, which they have come to know now, and are upset about it.

    My queries:
    1) Can company A take me to court on the non-compete clause.
    2) I’ve head the Section 27 of the Contracts act does not allow that – if still I get a legal notice from Company A, what should I do?
    3) Since I quit within the probation period before I became a confirmed employee, does this clause apply at all?

    Reply
  62. colonel Rajinder S Shekhawat

    please advice legally to enforce the civil govt PSU to comply with this
    GOI letter of national interest in the general benevolence of PSU employees
    who are also volunteer soldiers of Territorial Army

    560/43/TA-(a)/03/00/S(GS-1)
    Government of India,
    Ministry of Defense,
    New Delhi, the 7th Jan 1994

    To
    The Chief Secretary to
    All State Governments/Union Territories .

    Subject: Concession & Incentives sanctioned by State
    Governments to Territorial Army personnel.

    Sir,

    This refers to Ministry of Defense letter No.47560/GS/TA/-3(a)/306-B/D(GS-VI) dated 19th February 1985 and letter of even number dated 8th September 1992 on the incentives by State Governments to Territorial Army personnel.

    2. Most State Governments have instituted some cash awards/grants for the winners of Territorial Army decorations/Medals. However, these awards were instituted a long time back and have been rendered insignificant by inflation. In many States, this reward is limited to Rs.2500/1500 only. It is requested that this may be revised to a minimum of Rs.5000/- for TA decorations and Rs.3000/- for TA medals. Some State Governments have already made the revision.

    3 Government of India had also recommended that the facilities listed below may be considered for Territorial Army personnel. These incentives were listed by a committee which was set up to go into the Territorial Army and are already being given by most State Governments :-

    (a ) Grant of 01 increment for every 03 years Territorial Army service, as is being given by the Government of Uttar Pradesh.

    (b) Counting of Territorial Army embodied service for purposes of seniority, promotion and other considerations to those entering civil services.

    (c) Exemption of Road tax on vehicles owned by Territorial Army personnel as is being given by west Bengal Government.

    Yours faithfully,
    Sd/xxxx-
    (S.K. JAIN)
    Joint Secretary (G).

    Reply
  63. colonel Rajinder S Shekhawat

    read the GOI order
    as fit in ur case

    (No. 18(6)/2001-GM-GL-77 dated the 28th December, 2005)
    ***

    No. 3/19/2009-Estt. (Pay II)
    Government of India
    Ministry of Personnel, Public Grievances & Pension
    Department of Personnel & Training
    **********
    New Delhi, Dated: 5th April , 2010 .
    OFFICE MEMORANDUM
    Subject: Applicability of CCS (RP) Rules, 2008 to persons re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates.
    The undersigned is directed to refer to this Department’s O.M. No. 3/13/2008-Estt. (Pay II) dated 11`” November, 2008 on the above-mentioned subject. Certain references have been received seeking clarification regarding the manner of fixation of pay of retired Defence Forces personnel/officers re-employed in Central Government Civilian posts, after the implementation of CCS (RP) Rules, 2008. This has been considered in consultation with Department of Expenditure. The pay fixation of re-employed pensioners on re-employment in Central Government, including that of Defence Forces personnel/officers, is being done in accordance with CCS (fixation of pay of re-employed pensioners) Orders, 1986, issued vide this Department’s O.M. No. 3/1/85-Estt. (Pay II) dated 31St July, 1986 (as revised from time to time).
    2. After the introduction of the system of running pay bands and grade pays, it has been decided to amend the relevant provisions of CCS (fixation of pay of re-employed pensioners) Orders, 1986 in the manner indicated below: –
    Existing provision Proposed revised provision
    Para 4(a): Re-employed pensioners shall be allowed to draw pay only in the prescribed scales of pay of the posts inwhich they are re-employed. No protection of the scales of pay of the posts held by them prior to retirement shall be given. Para 4(a): Re-employed pensioners shall be allowed to draw pay only in the prescribed pay scale/pay structure of the post in which they are re-employed. No protection of the scales of pay/pay structure of the post held by them prior to retirement shall be given., Note: Under the provisions of CCS (RP) Rules, 2008, revised pay structure comprises the grade pay attached to the post and the applicable pay band.
    Para 4(b)(i): In all cases where the pension is fully ignored, the initial pay on re-employment shall be fixed at the minimum of the scale of pay of the reemployed post. Para 4(b)(i): In all cases where the pension is fully ignored, the initial pay on re-employment shall be fixed as per entry pay in the revised pay structure of the reemployed post applicable in the case of direct recruits appointed on or after 1.1.2006 as notified vide Section II, Part A of First Schedule to CCS (RP) Rules, 2008.
    Para 4(b)(ii): In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial pay on re-employment shall be fixed at the same stage as the last pay drawn before retirement. If there is no such stage in the re-employed post, the pay shall be fixed at the stage next above that pay. If the maximum of the pay scale in which a pensioner is re-employed is less than the last pay drawn by him before retirement, his initial pay shall be fixed at the maximum of the scale of pay of the re-employed post. Similarly, if the minimum of the scale of pay in which a pensioner is re-employed is more than the last pay drawn by him before retirement, his initial pay shall be fixed at the minimum of the scale of pay of the re-employed post. However, in all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed. Para 4(b)(ii): In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial basic pay on re-employment shall be fixed at the same stage as the last basic pay drawn before retirement. However, he shall be granted the grade pay of the re-employed post. The maximum basic pay cannot exceed the grade pay of the re-employed post plus pay in the pay band of Rs.67000 i.e. the maximum of the pay band PB-4. In all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed. IllustrationA Colonel who retired with basic pay of Rs.61700 (grade pay Rs.8700; pay in the pay band Rs.53000) is re-employed as a Deputy Secretary in an organization with grade pay of Rs.7600. In this case, on re-employment, his basic pay will continue to be Rs.61700. However, his grade pay on re-employment will be Rs.7600 and the pay in the pay band Rs.54100. Thereafter, the non-ignorable part of the pension will be reduced from the pay so fixed.Note: In the revised pay structure, basic pay is pay in the pay band plus the grade pay attached to the post.
    Para 4(c): The re-employed pensioner will, in addition to pay as fixed under Para (b) above shall be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits. Para 4(c): No change.
    Para 4(d): In the case of persons retiring before attaining the age of 55 years and who are re-employed, pension (including PEG and other forms of retirement benefits) shall be ignored for initial pay fixation in the following extent:- (i) In the case of ex-servicemen who held posts below Commissioned Officer rank in the Defence Forces and in the case of civilians who held posts below Group ‘A’ posts at the time of their retirement, the entire pension and pension equivalent of retirement benefits shall be ignored.(ii) In the case of service officers belonging to the Defence Forces and Civiliar pensioners who held Group ‘A’ posts at the time of their retirement, the first Rs.5001-* of the pension and pension equivalent retirement benefits shall be ignored. (*Already revised to Rs. 40001- vide O.M. No. 311312008-Estt. (Pay II) dated 11th November, 2008) Para 4(d): In the case of persons retiring before attaining the age of 55 years and who are re-employed, pension (including PEG and other forms of retirement benefits) shall be ignored for initial pay fixation in the following extent:-(i) No change. (ii) In the case of Commissioned Service officers belonging to the Defence Forces and Civilian pensioners who held Group ‘A’ posts at the time of their retirement, the first Rs.40001- of the pension and pension equivalent retirement benefits shall be ignored.
    3. Apart from the above, it is also clarified as under: –
    (i) Drawal of increments: Once the initial pay of the re-employed pensioner has been fixed in the manner indicated above, he will be allowed to draw normal increments as per the provisions of Rule 9 and 10 of CCS (RP) Rules, 2008.
    (ii) Allowances: The drawal of various allowances and other benefits in the revised pay structure shall be regulated with reference to the grade pay of the re-employed post or the basic pay, as the case may be.
    (iii) Treatment of Military Service Pay (MSP): MSP is granted to Defence Forces officers/personnel while they are serving in the Defence Forces. Accordingly, on their re-employment in civilian organizations, including secret organizations under the Cabinet Secretariat umbrella, the question of grant of MSP to such officers/personnel does not arise. However, the benefit of MSP given to all retired Defence Forces officers/personnel by reckoning it at the time of calculation of their pension (notionally in the case of pre-1.1.2006 pensioners) should not be withdrawn. Accordingly, while the pension of such re-employed pensioners will include the element of MSP. they will not be granted MSP while working in civilian organizations.

    (iv) Fixation of pay of personnel/officers re-employed prior to 1.1.2006 and who were in employment as on 1.1.2006: In the case of personnel/officers who were re-employed before 1.1.2006 and who were working in the Central Government organizations on re-employment basis as on 1.1.2006, their pay will be fixed in accordance with the provisions of DOPT O.M. No.3/13/2008-Estt.(Pay II) dated 11.11.2008. This O.M. stipulates that re-employed persons who become eligible to elect revised pay structure shall exercise option in the manner laid down in Rule 6 of CCS (RP) Rules, 2008 and their pay shall be fixed in accordance with the provisions of Rule 7 of CCS (RP) Rules, 2008. In this context, it is clarified that in accordance with the provisions of Rule 7 of CCS (RP) Rules, 2008, Department of Expenditure issued fitment tables corresponding to each pre-revised pay scale vide O.M. No.1/1/2008-IC dated 30.8.2008. In the case of those personnel/officers as well, who were re-employed before 1.1.2006 and who were working in the civilian organizations on re-employment basis as on 1.1.2006, their pay will be fixed with reference to the fitment table of the pre-revised civilian pay scale in which they were re-employed and corresponding to the stage in the pre-revised pay scale as on 1.1.2006.
    (v) Fixation of pay of personnel/officers who retired prior to 1.1.2006 and who have been re-employed after 1.1.2006: In the case of personnel/officers who had retired prior to 1.1.2006 and who have been re-employed after 1.1.2006, their pay on re-employment will be fixed by notionally arriving at their revised basic pay at the time of retirement as if they had retired under the revised pay structure. This will be done with reference to the fitment table of the Defence Service Rank/Civilian service post (as the case may be) from which they had retired and the stage of basic pay at the time of their retirement. Their basic pay on re-employment will be fixed at the same stage as the notional last basic pay before retirement so arrived at. However, they shall be granted the grade pay of the re-employed post. The maximum basic pay cannot exceed the grade pay of the re-employed post plus pay in the pay band of Rs.67000 i.e. the maximum of the pay band PB-4. In all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed.
    4. The existing instructions on the subject shall be treated as amended to this extent.
    5. In so far as the persons serving in the Indian Audit & Accounts Department are concerned, these orders are being issued after consultation with the Comptroller & Auditor General of India.
    ( Rita Mathur )
    Director

    Reply
  64. Kran

    Hello Everybody, I am an EX-Serviceman retired from Indian Air Force after 22 years of regular combatant service (in the rank Junior Warrant Officer (JWO) . I am a pensioner and going to join Central Board of Excise and Customes as Tax Asst shortly.

    While in Air Force I was drawing a grade pay of Rs. 4200(Basic Pay in Band was 11510). My query is regarding pay protection, am I antitled for protection in the new job? As tax asst my basic will be much lower (around Rs. 7000 only) and grade pay will be Rs. 2400. If I am entitled for pay protection then what about my gratuity etc. am I supposed to returned it? if yes am I entitled for gratuity again at the end of my new job (tax asst) at that time whether my length of service in Air Force will be counted for claculating gratuity?. PLEASE CLARIFY AND GUIDE ME……..

    Reply
    • Tukaram V Kulkarni

      I think you should join as Inspector and not as Tax Assistant, since you retired as JWO an SNCO. Please contact me on e-mailaddress. I am retired ex-sgt and now retiring ex-supdt. of C. Ex. M-III Commissionerate in Oct, 2012.
      Thank you
      Yours faithfully
      Tukaram V Kulkarni

      Reply
  65. Omkar

    Sir,
    I had worked for census and as it was part time work they didnt offer any appoinment letter to me.
    now work is completed and they are not paying me and blaiming each other to pay, what sud i do?

    Reply
  66. RAJU SHARMA

    SIR
    my name is raju sharma.and i am working in ADFC Pvt. Ltd.
    it is a part of HDFC BANK LTD.
    being a graduate and working as a Jr. Officer i get very less salary of Rs. 5828 only,which is not at all a deserving pay. can indian govt. can do anything about this.
    if yes then it would be a great thing for us.
    thank you.

    Reply
  67. Anil Kumar Tiwari

    Hi ,
    I am working for a MNC and its notice period is 30 days . I have to join my new employer at USA on Jan 16 . My current employer offer letter Notice Of Termination clause says –

    a) Termination of employment by either party shall be one month’s notice in writing or payment in lieu of notice. Such notice may not be offset by unused leave.

    b) If your actions at any time constitute a serious breach of Oracle’s standards of behaviour, Oracle may end this contract and terminate your employment immediately.

    c) This appointment letter is issued on the understanding that all the information given by you in the application / employee data form / during the interview or data provided prior to and / or at the time of joining is true. If it is found at any time that the information given by you is not correct or true or you have knowingly suppressed any information, the company will have the right to revoke the offer/terminate your appointment with us any time without any compensation.

    I asked my current employer for buyout but they are saying the buyout option is open with consent of your manager , however this is not mentioned in the “Notice Of Termination” clause .

    Are they doing legally right ?

    If not please suggest me what can i do in this case ?

    Thanks
    Anil

    Reply
    • Shailendra Mishra

      Hey Anil, Buyout is optional and it is on the discretion of the management whether they accept it not. Try understand the reason of serving notice period (It require to replace you). If there is no material impact in absence (of you) to the organization. Try them to convince for buyout. If you are associated with any important project that you can only handle for the organization; the said organization will not let you go before serving the notice period. If it is not there you can go for buyout. You know your condition better.

      Reply
  68. Deepak Sharma

    Respected admins and others,
    Its been a few month i have joined an organization. I am totally uncomfortable in the work environment there and i have been assigned lot of works which is even not what i was appointed for or told about during the interview.
    I havent signed the appointment letter till now,all i have signed is a joining form asking about my qualification or address.
    So,what i wanted to know is, if i could give a resigning letter with immediate effect as nothing regarding the notice period has been communicated to me neither written or verbally….plz make me aware about the legal aspects regarding this issue……thank u

    Reply
  69. Deepti

    My Employer sent an email informing us about increase in notice period agreement. They increased notice period from 1 month to 3. They also changed clause of not accepting salary in lieu of shortfall of notice period.

    Although no one signed any agreement, employer is now forcing employees to serve 3 months and not accepting compensation as well.

    1> Can employee do something to leave by serving 1 month notice period.
    2> Can employer not accept resignation?
    3> Employee pleaded on health ground to be released early
    4>Can employee complain to labor comissioner

    Reply
  70. Kirti

    Sir,

    I have been resigned from her service before 20days before.I was an employee of Co-oprative bank as a clerk.

    Now I am on PL leave.

    But Bank managment accepted my resignation with condition that complit the work. Bank managment provide a pending works list.

    Also thay are saying that thay will take legal action for pending work if not complite.

    Please give your guidance regarding this issue.

    Regards

    Reply
  71. Gangadhara M Hegde

    can bank employee in india work/ make official transaction on public holidays !!
    A. if it is an offense Under which ACt and wt is the nature of offense
    B. if A is Yes wt is the punishment provided by the law in india
    Please explain and oblige.

    Reply
  72. Hitesh

    Hi,

    I was working in an IT company. There I have signed service agreement for two years, in the form of appointment letter. Condition was that I will be given comprehensive training for first six months. Then after company will appoint me as their employee. Also I have submitted the cheque of Rs. 2,50,000 without date, as a security to the company. But after 8 months I left the company as they didn’t give me salary as per market standard. Also they haven’t given any kind of training, instead I was working at client site as a consultant during that period .

    Now few days back they have sent notice from lawyer through post & courier, but couldn’t receive it as I was out of city.

    Now what should be my next step in this case ?

    Reply
  73. RAGHU

    leave part of ctc then i avil this leave without permission of employer because
    leave part of ctc , please reply

    Reply
  74. smitha

    in case a firm follows the concept of performance bonus,is it against the concept of the bonus act?which says to provide stafff with 8.33% of the pay.

    Reply
  75. Sujatha

    Can we approach courts via PIL to reduce working hours of software & BPO companies from 9 or 9,5 hrs to 8 hrs. Working long hours adversely affects family in the case of both men and women. also they feel sick and tired as the saying goes – all work and no play makes Jack a dull boy. I am seriously considering doing something about this, Let me know how many of you are in support of my view

    Reply
  76. MSS Manian

    This question relates to raising of employment dispute. A senior level executive worked as Finance Head & Company Secretary in Tamil Nadu in a manufacturing industry having its Accounts & Administrative Department within the Factory Premises in private sector public limited company. The employee was performing only accounting and secretarial function and in no way connected with production or factory related work. The appeal has to be made in which forum. Is he covered by Sec. 2 (12) of TN Shops & Establishment Act or Factories Act. Based on your advice which is the right forum for filing an appeal against the punishment awarded by the employer. Whether the Token No. (Employee No.) allotted during his service has any bearing on the issue.

    Reply
  77. Ganeshmani Iyer

    Hello respected legalindia advisors, The company that i work for is “Progress software development india pvt limited”. This company is a NASDAQ listed company which is governed at business lelvel by US laws and i wanted to know what labour laws does it follow what compensation laws does/should it follow?. It has its employee base in mumbai and hydrabad. i joined this company in october 2009 and i wanted to know whther an employee of such an organisation is eligible for the following: If yes how should we[employees] ask for it legal way to do it. anathor offer the company is making is giving employees stock purchase plan could this we an substitute what if a employee doesnt enroll for it.?? can u please guide me>> “Indian Labour Conference, a tripartite body, met in 1954 and defined precisely what the needs-based minimum wage was and how it could be quantified using a balanced diet chart. This gave a great boost to collective bargaining; many organised sector trade unions were able to achieve reasonably satisfactory indexation and a system of paying an annual bonus. It is now the law, that a thirteenth month of wage must be paid as a deferred wage to all those covered by the Payment of Bonus Act. The minimum bonus payable is 8.33 percent and the maximum is 20 percent of the annual wage.”

    Reply
  78. Ganeshmani Iyer

    Hello respected legalindia advisors,

    The company that i work for is “Progress software development india pvt limited”.
    This company is a NASDAQ listed company which is governed at business lelvel by US laws and i wanted to know what labour laws does it follow what compensation laws does/should it follow?.
    It has its employee base in mumbai and hydrabad.
    i joined this company in october 2009 and i wanted to know whther an employee of such an organisation is eligible for the following:
    If yes how should we[employees] ask for it legal way to do it.
    anathor offer the company is making is giving employees stock purchase plan could this we an substitute what if a employee doesnt enroll for it.??
    can u please guide me>>
    “Indian Labour Conference, a tripartite body, met in 1954 and defined precisely what the needs-based minimum wage was and how it could be quantified using a balanced diet chart. This gave a great boost to collective bargaining; many organised sector trade unions were able to achieve reasonably satisfactory indexation and a system of paying an annual bonus. It is now the law, that a thirteenth month of wage must be paid as a deferred wage to all those covered by the Payment of Bonus Act. The minimum bonus payable is 8.33 percent and the maximum is 20 percent of the annual wage.”

    Reply
  79. Abhishek Rajan

    Pay for days & Hospital Expenses

    One employee of our company’s (pvt. LTD. with more than 65 employees) who is on a salary above than Rs. 23000 / gross plus PF etc and who joined recently in June 11 met accident in July on date 14/7/11. He was going to Ghaziabad due to official work but unfortunately met accident short distance to company around 3.45 Pm. He informed timely to HR department and his Boss.

    Later on HR dept marked his half day on 14th July & full day leave on 15th July Friday. Saturday (16 July) & Sunday (17 July) were offdays. And on Monday (18th July ) he resumed duty.
    His injuries were not as such for hospitalization but he had some expenses done which was nominal around Rs 5000.

    So suggest whether in this case the Company should or bound to reimburse the Expenses incurred by him and also pay him those unintended leaves (14/7/11 half day & 15/7/11 absent) due to accident?

    PS: Condition is that this employee doesn’t falls under worker category (wages) and also not under ESI category and since he joined recently so was not covered under Mediclaim Insurance as well as Accidental Coverage Insurance Policy of Company which mostly is done after 2 months of employment for upto 2 lakhs of hospital claim upon 24 hrs admission and that employee (who doesn’t have ESI) is again given Life insurance after 6 months of employment once he gets confirmed to his position (upon completion of probation).
    There is no written policy till date and as per practice in few cases we gave some amount to few employees (like just the 1st time bandage charges etc) and in other cases we didn’t bear any thing and also we didn’t paid the leaves taken out of this problem (as we deducted the leaves from his Paid Leave quota).

    Reply
  80. polly

    I had join a autonomous govt body office in 1st march 2008.
    it was a contractual base service for one(1) year.
    but without any gap they extend my duty for 3 years while giving extension letter without any gap.
    I got pregnant on the 3rd year running year of my service.
    the authority gave me 135 days maternity leave and at last I resume my office after the maternity leave.
    but on the 3rd year ending the authority did not corporate with my service and they terminated my service without any reason.
    so i like to no whether it is possibe to get rid my service or what shall be the procedure to get restore my service.

    Reply
  81. Bharath

    The notice period in my company is 3 months but i need a release in 1 month due to personal obligations. Is there anything that i can do if the organization is not willing to release me?

    Reply
  82. dalip

    I am working in central govt. office in last two years on muster roll, but i have no what the benifit of muster roll & can i permanent in this situation plz…..tell me your sugesstion

    Reply
  83. J Narayanan

    I have a doubt. Can a company need not pay PF and ESI for the trainees / apprentices who are not covered under the Apprenticeship Act.
    These trainees will work in the adiminstartion depart and assist the seniors in day to day work.
    please advice.
    thanks and regards
    j narayanan

    Reply
  84. mahender lakhani

    sir i have left my job on 31.3.2011. iworked in pvt. ltd.firm for 16 yrs whether i can ask for gratuity i left job i got salary 15000.net what will be gratuity amount.

    Reply
  85. Manjunath K

    Dear Sir,

    Recently my friend has joined a company in bangalore, this company has made her to sign acceptance letter and an agreement for four years with no salary for first year and salary will be fixed for second year. The agreement had different clauses like if the employee wish to terminate from the company then he/she has to pay 2Lakh rupees and the signature was taken from both the empolyee and her father. She was forced to do all this on a single day without giving her much time to think on agreement or on the possible problems in future.

    After spending two weeks in the company, my friend has felt that its not safe risking four years with the company since they failed to delivery what they have promised in the first incident itself. they have initially said in interview that they will pay 10k Salary from second year for which they will give written proof, after joining and signing agreement they have sent a mail stating 5k will be given on second year onwards, this has made my friend to think that this company is not trust worthy. now she wants to quit after just two weeks of joining and no training or work was assgined to her in this two weeks, they are torchering her to pay 2lakh rupees as per agreement and more over her marriage is fixed now and she is unable to say this is home either.

    She is struggling to handle this and not in position to pay 2lakh rupees. please help my friend with this regard. if required i can mail the complete agreement details she has signed.

    Thanks,
    Manjunath.K

    Reply
    • Shalini

      Mr.Manjunath,

      Could you please forward me a copy of the Agreement and all other communications shared by your fried with the company? I ‘ll try to help you out with the situation.

      Reply
  86. dinnuRawat

    PTA teachers in UTTARAKHAND got appointment in well planned manner. Showing thumbs to educated youths of State
    FIRST_Secretary of Education, Uttarakhand Govt.issued an Govt. order no.54/xxiv-4/2009 Dated :03Feb.2009 for Regularizing to PTA teachers. In G.O. he directed to subordinate officials that “SUPREM COURT’s Ruling Dated.10-04-2006” in writ petition no.3595-3692/1999 of UmaDevi &others Vs State of Karnataka must be followed in appointing teachers by PTA teachers. It will be their personal responsibility.
    SECONDLY_Director of School Education : Uttarakhand on the basis of above G.O. issued letter no. ma/49975-89/2008-09 dated 18-02-2009 to All District Education Officers Uttarakhand that “SUPREM COURT’s Ruling Dated.10-04-2006 must be followed point to point in this PTA teachers appointment. If otherwise they would be personally responsible for that.
    THIRDLY_District Education Officers(DEO) of all concerned District of Uttarakhand issued a letter to respective School’s Principal/Managers where PTA teachers was appointed without any rule and regulation, that they must insure that “SUPREM COURT’s Ruling Dated.10-04-2006 must be followed in this PTA teachers appointment. If otherwise they would be personally responsible.
    NOW Principal/Managers of respective School’s took affidavit on 10 Rupee Stamp paper that– Such and such person is appointed by me on such and such post in the direction of “SUPREM COURT’s Ruling”. AND that was the END of SUPREM COURTS JUSTIC for Youth.
    Next …..with this affidavit and bribe approx. Rs.50,000 to 1,00,000 they moved paper to their DEO for approval. And got job Of Teachers with the pay scale of regular teacher.
    I tried for JUSTIC but due to my location of remote Garhwal .I am unable to carry this torch. If any advocate have love for justic can hold it……and file PLI in Supreme court of INDIA. … we educated unemployed youth of remote hill will be ever grateful of you….

    Reply
  87. P. Haramohan

    You have to maintain Attendance Register for production before statutory authorities.However , since Govt. authorities are in the meanwhile accepting computerised documents, you can take print out of the attendance data on daily basis and file the same in a loose leaf folder for statutory purposes.

    Reply
  88. Raju

    Sir, one of my friend was working in a Company in Bangalore. Since, he could not bear the torture from the Company he resigned by submitting the resignation last month.

    Sir, as per the Appointment Letter received by him there should be one month notice period or salary in lieu thereof. Sir, what he has done is after submitting the resignation letter he has applied leave for one month on medical grounds. By this what he has assumed is by this one month leave he will be serving one month notice period.

    Sir, two days back he has received one show cause notice from the Company on its letterhead as Show Cause notice for long absence. Sir, in that notice they have mentioned there has a happen a misconduct, regular absenteeism, indiscipline and criminal breach of trust by your long absence by not producing any medical certificates. So, now we will go as per legal and claim all the lossess which has happened to Company due to your absence.

    Sir, after receiving his resignation letter they have mailed as Acceptance of Resignation and in that mail they have written you have to complete your job on immediate basis and you will be relieved after completion of notice period.

    Sir, in the Appointment Letter there is also one more clause that what ever the misconduct or breach of employment happens by the Employee, the Employer will be liable to terminate him without any notice whatsoever.

    Sir, now he is replying to that notice by giving the above clause as reference and by describing that now he is ready to pay one month notice period also.

    Sir, my doubt is after replying to this notice, are there any chances for the Company to go any legally against him. Sir, he was working as an Accounts Assistant and he was not handling any cash and bank transactions. His job was only to process the Branch claims after receiving the claims in hard copies.

    Sir, he was in probation period.

    Sir, eagerly waiting for your reply.

    Reply
    • P.Haramohan

      Mr. Raju in a standard service contract there is always clauses stating modalities for exit/ termination of service like the ones you are mentioning now. So, your friend has to go through the contract in this case and take the assistance of an experienced local lawyer specialising in service disputes personally along with relevany papers and documents and act s per his advice.
      What I gather from the facts stated in your query, the contract in question is heavily weighed in favour of the Employer and your friend is apprehending foul games on the other side whereby he won’t be relieved from his job officially in time so as to enable him to jon the new place of posting as per schedule .
      Before taking any hasty step in this regard first arrange the following documents:
      1) Authenticated copy of Service contract or letter of Engagement containing terms & condition prescribed.
      2) Scope of work and job responsibilities.
      3) copy of Resignation letter.
      4)Copy of all correspondences between the Employer & Employee.
      5) Service Rules if any adopted by the organisation.
      6)List of files or jobs handled during the incumbacy with the Employer and incomplete assignments if any.
      7) List of outstanding advance if any as well as items supplied by the Employers for carrying on official duties e.g. Laptop, Cell Phones, Uniform, vehicles etc. which are to be surrendered at the time of resignation/ termination from service.
      After arranging the following papers and documents , You can have a thorough study of the same for going ahead in your objective and in case of any complicacy consult the local advocate as suggested .

      Reply
  89. PRATAP KATARI

    In our 100 beded Hospital, Bio-metric finger print machine installed for staff attendence purpose. Frequently I use to download the attendence log
    and take printouts of all staff timings. My doubt is, is it necessary to maintain Manual Attendence
    Register, along with this machine. Kindly reply.

    Reply
  90. Jeevan

    My contract letter requires me to serve a notice period of X months.
    It says any buyout or waiver is at sole discretion of the company. Could you suggest what an employee can do if for some reasons he/she is not able to serve X months notice period?

    Reply
  91. vivek

    i was working in a website design company. As my performance was not acceptable to my boss i quited. But they have held my salary. This was a small single owner proprietary business organization. Do i have anything do to recover my salary.

    thanks.

    Reply
  92. vaibhav

    Hi,

    I was working in an organisation and was under the probational period,when I resign from my designation they are not providing my last month salary so could I have any rights to do. OR any mail id to which I can direct my mail

    Reply
  93. RAKESH

    MY WIFE WAS WORKING IN A PLAYGROP SCHOOL ,WORKED THERE FOR 9 MONTHS ,SHE USE TO GET PAYMENT W/O SALERY SLIP AND WITHOUT ANY DEDUCTION OF PF .NOW SHE HAS RESIGNED GIVING JUST A 4 DAYS NOTICE SINCE THIS WAS THE PRACTISE .HOWEVER NOW THE SCHOOL OWNER IS SAYING THAT SINCE MY WIFE HAS SIGNED ON A AGGREEMENT ( MY WIFE DOESENT REMEMBER ANY THING ON THIS BUT CONFIRMED THAT SHE HAS SIGNED ON A LETTER LONG TIME BACK) SHE HAS GIVE THREE MONTHS NOTICE OR TO PAY THREE MONTHS SALERY .HE IS SENDING REGISTERED LETTRS ON EVERY WEEK AND SAYS THAT HE WOULD GO LEGAL IF WE DONT PAY FOR THREE MONTHS SALERY .
    PL ADVICE ON THE MATTER SINCE SHE HAS ALREADY NOT TAKEN ONE MONTHS SALERY AND GOING THROUGH SUCH HARASSMENT .

    Reply
  94. ajit sinha

    Dear sir,
    I am Manager in firm my boss always commented for my caste by caste I am Raj put.So kindly send me your suggestion to help me.

    Reply
  95. Rohit

    Dear Sir,

    My company gave me offer letter stating that i need to work as a trainee for 1 year & if i leave in b/w i need to pay them all training stipend the have given me back. i joined the company & after 3 months they forced me to sign a Bond stating that i need to work for 3 years else i need to pay them the money back.
    I consulted with some of my senior colleagues there & they said its just a formality,you can leave whenever you want after project is completed.
    The kind of work i was given being an electronic engineer was:-
    1.lifting of boxes & delivering to 3 kms of area by foot,
    2.staying at site from morning 9 to 9.30 in night
    3working on public holidays most of the times
    4.working on saturdays & sometimes working on sundays aswell(without extra pay)
    5.working in the most adverse conditions like dust,pollution,no electricity on site.
    6.using own conveyance to deliver the material on site.
    All these activities were very frustating & depresssing as well & i had not option to resign after completting my 14 months.In this tenure the company sent me many appreciating mails also for hardwork, but now after resigning they are not ready to give me my reliving letter & also the amount which belongs to me saying that i need to pay them training amount back as mentioned in Bond.

    Please help as i am very depressed after seeig there response.

    Reply
  96. d g thakor

    i serving in public sector. we have accpeted six pay commission on bages of gujret govement. gujrat goverment employees expected increement date onece in a year i.e. 1st july of every year.. those increement date in prerevised scale 1st januaary are got increment in pre revised scale and after thier new fixation made. then they got increment 1st july 2006.in our orinigation fixation made as per state goverment line but no change inpolicy in revised pay structureofof for increement.the existing practice for drawal of increement will continue.i.e. we not accpeted increement date onces in a year.our increement date is january,feb,march,april ,etc.my increement date is 1 st januay my fixation made as above, got increement in pprerevised scale and then my new fixation made. but i not got increement in new scale i. e. 3% of basic.those empolees their increement date is other than january got increement in new scale.i hav not got increement in new scale for the year 2006.legally can i got increemet in new scale 1st january 2006?

    Reply
    • Sanjay S

      Your post is not very clear.

      Your pay-fixation was effective 01-01-2006 so you will get next increment w.e.f. 01-01-2007.

      In case of other organisation, please check-up that whether their pay-fixation was also w.e.f. 01-01-2006 and they got increment on 01-07-2006 or what?

      If such a thing has happened, you have to negotiate with your organisation to accept the same principle for increment as has been done by other state government employees.

      Reply
  97. kishore

    Notice period salary not paid.
    I was a confirmed employee with a software co “R”, I’d worked tirelessly for more than 2 years for ‘R’. One fine day, ‘R’ decided to sack me,my manager sent a mail stating that the management is unhappy with my service. They want to reevaluate my work and have put me in plan called ‘Performance improvement plan’ as per the plan u will have to achieve a series of tasks and u will evaluated after four weeks. After 4 weeks If ‘R’ is not satisfied with my work they will terminate my service immediately.
    But the plan doesn’t mention of any word named ‘Notice’ or a sentence stating that “this plan is equivalent to notice period for termination of service”.
    The management of “R” gave me difficult and nearly impossible task to achieve and by the end of 4 weeks they terminated my service by stating poor performance. At the time of leaving my service the management verbally promised me to give 6 weeks notice period salary from the day of termination of service. The full and final settlement received from them doesn’t mention about the notice period salary, and only mentioned salary up-to the last working day. More than 2 months have passed I’ve tried to talk to them but no avail and the company is refusing to give notice period salary.
    My original copy of the Appointment letter clearly states that “Your employment with us may be terminated by giving 6 weeks notice period on either side, or in payment of salary in lieu thereof. Request your advise.

    Reply
    • Sanjay S

      This is clear breach of contract on the part of the company. You have legal remedies available by going to court. The “Performance Improvement Plant” cannot be construed as Notice Period.

      You have a solid case by approaching courts.

      Reply
  98. ajay

    Dear friends

    I was working in “A” company . After 5 years company had transferred me to another “B” company in papers only where physically I was working
    In “ A “ company only . Again after 6 years company took resignation from me & made me consultant through “C” company where physically I was working
    In “A” only . Now company has given one month’s notice through “C” company to me ; my services not required to them . after 11 years of work I have
    Come to the road . I am not able to understand …..what to do ?

    Since day one I have been working in “A” company only .But because of managements cunning tricks I was moved in different companies on paper only .
    If today somebody is Being asked to go in “A” company he is getting compensation where I am helpless ! In this situation is their any way to get justice ?

    Pls help !!

    ajay

    Reply
      • ajay

        if i go the lawyer & file a case , will i get the compensation ? If yes then how much it will be approx … ( if i link it as .. % of salary
        & ……no of working years ) .
        apart from this… what will the court fee & lawyers expenses ? ( approx. ) as I never been to the court .

        Ajay
        hyderabad

        Reply
  99. Pradeep Jacob

    Hello

    Kindly give me with the labour Laws for employment in India,

    I have been working with a Pvt Ltd Software firm from April ’08 to October ’09 and had resigned due to situations created by the employer regarding my committed allowance and stay for their operations for their Mumbai office.

    I had not been given the promised allowances and basic stay facilities which made me take a decision to resign. Now have been following up for the past 10 months with the HR and the management on the F&F settlement along with the PF.

    They are only giving me lame reason and are not looking into the matter seriously. Kindly guide me on how do a file a legal law suite against the firm and take necessary actions to get my F&F settlement cleared along with my PF.

    The total outstanding amount with my Oct ’09 month salary is about 25000 INR. PF would be about 40000 INR.

    Guidance required.

    Reply
  100. PARESH

    SIR,

    I WANT TO KNOW ABOUT WORKER COMPONSATION INSURANCE IN THIS CASE A WORKER WHO WAS MET WITH ACCIDENT & HE WAS DIED WHILE HE WAS RETURNING COMING @ HOME after he is finished his job IN THIS CASE HE WAS ELEGIBLE FOR COMPONSATION

    reply

    Reply
    • adv ravindran

      travel from home to work site comes under work. you have a chance. go ahead

      Reply
    • Sanjay S

      I feel you have a tough case. Contrary to what Adv.Ravindran says, the duty starts when the person has reported at the work site and the duty ends when the person has left the work-site. The start and end of duty does not start from home. To my mind, the company is not liable to pay Workmen Compensation if the death has occured when the person has left the work site and company had no control over the incident.

      However, if the person was travelling in the company transport, in that case, company is responsible till the person is travelling in the transport.

      Reply
      • VEDANAYAGAM

        The notional extension theory for receiving workmen compensation can be applied in your case.
        It depends on more information about the facts of the case.Kindly give detais.

        Reply
  101. santosh Kumar Jain

    Please Advice me I have Joined in Ngo as a Sr. Manager They have commited me 30000 per month salary.i have ask somany time for appointment latter.i have received only two month salary 30000 per month By Cheque.other month only given 15000 per month salary they given me reason Finencial crises in Ngo. They Have Not Given me salary sleep,PF A/c No.,Appointment latter.Now they refused me. I have Joined Kindly Suggest Me What Should i Do Now?

    Reply
    • adv ravindran

      remember you deserve for what you are. How ever you have ample oppertunity around . quit. and be ready tio suffer. succeess is behind all genuine seekers.

      Reply
  102. arpita

    hello all,
    I want your advise on a legal issue that has come upto me through a real life situation. Here is the question-
    A government servant, Mr.X was wrongfully arrested while discharging his official duty, was sent to judicial custody for 40 days. His department extended and financed all the legal help, including lawyer’s fees and bond for bail. The fact that the ministry, under which the department comes, did not suspend Mr. X and also recruited additional solicitor general for his defence, shows that the his department and the ministry consider Mr. X innocent.

    Presently Mr.X, who is out on bail after being defended by additional solicitor general himself is facing a problem. The problem is, that though the department expressly considers him innocent, they are unable to decide whether the period spent under judicial custody be treated as period spent on duty or not.

    According to me, under the given circumstances the period spent in judicial custody should be treated as period spent on duty and not as extra ordinary leave, as labelling this period as extraordinary leave would be same as taking a punitive action against Mr. X, which he is not liable for. As the fact that he was WRONGFULLY ARRESTED while DISCHARGING HIS OFFICIAL DUTY, and DEFENDED BY ADDITIONAL SOLICITOR GENERAL, and NOT SUSPENDED (as is usually when a government servant is arrested for criminal charges he is suspended), show that he is considered to be innocent by the department, and the department has taken on itself to defend this person.

    Please give your legal advise on the same, and if you could back it with case laws or rules and regulations on the same, I would be highly obliged.

    Reply
    • adv ravindran

      well, there is no question of leave. however you may have tyo wait till a final decision is arrived at.

      Reply
      • Sanjay S

        Agreed with Adv.Ravindran. The person is out only on bail. He has not been pronounced “not guilty”. Therefore, till the final judgement comes, he wiull either be treated as absent or on leave. In case he is acquitted by the Court, his absence/leave can be regularised as “duty”.

        Reply
        • VEDANAYAGAM

          If you have any earned leave you can adjust the same,otherwise there is no leave under this circmstances. “NO WORK NO PAY . hOWEVER YOU CAN PROCEED AGAINST THE WRONG DOER FOR DAMAGES.

          Reply
  103. ragavendra

    Hi, I work for a pvt. ltd company and my company is a contractor company which provides manpower to software companies, they hire people on their pay role and send their employees to work with their clients.
    I have joined this contracting company 2 months ago. and I am sent to work with client, due to various reasons i wanted to quit this job and i resigned to my job and as per the agreed terms and conditions at the time of joining i am supposed to serve 15 days of notice which i am serving, but now the employer (contracting company) is telling me to serve 1 month of notice and they sent me a email saying

    —————–
    “This is an addendum to your offer letter. The following change is being made with effect from today.”

    1) Upon completion of probation period and confirmation as a regular employee, you or the Company may terminate your service at any time by giving 30 days notice or one month salary in lieu thereof. However due to exigencies of business the Company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the company to that effect.

    2) Any and all of the terms and conditions of employment service may be modified or changed at the company’s discretion.

    3) All other terms and conditions of the letter of offer remain unaltered.
    —————
    I have contacted industrial disputes comissioner, to file a complaint.

    kindly advice with your suggestion to avoid complications… I am willing to resolve the issue in simple way.

    Reply
    • shilpa bhadoria

      wrtie a mail to them in reply ( forwarding the aforesaid mail) and say that the addendum is not agreed upon by you. Also, that the offer letter dated ……( original letter ) remains
      effective in light hereof.

      Also, highlight the fact that the addemdum is void as it is issued post your serving them a notice for resignation.

      This mail will serve an evidence of your serving a notice to them and their not accepting the resignation.

      Regards,
      Shilpa

      Reply
  104. Ankit

    Can you give me some idea about this ?
    my company has promised 25% increment effective in May salary onwards
    this commitment was verbally and was made in Jan 2010

    Now, since I am resigning( and leaving on 31 May), the company is not willing to give that increment
    I want to know is there some way reg how i can convince my company to pay me as per their commitment ?

    my boss says that no company in the world gives increment when you are serving notice period.
    what is your take on this issue ?

    PLS HELP

    Ankit

    Reply
    • Sanjay S

      Since you leaving the company and there was only an oral agreement about the increment, I feel you cannot claim the increment as a matter of right. It is upto the company to honour its oral commitment.

      Reply
  105. rao

    when a govt servernt goes on leave to abroad with 1 month leave
    and returns after 3 months ,although telegrams were given to join
    what to do the absent period?
    dies non & displinary action ?any others?

    Reply
    • Sanjay S

      The period of absence can be regularised through leave with or without disciplinary action/ adverse comments in ACR. In worse case, it can also be taken as breach in service.

      Reply
  106. Kunal Bhatia

    Dear Sir,

    I am Kunal Bhatia working as a software developer at TechMastiff Pvt Ltd, I’ve got salary for the past month, it has already been a month now, Its same for all months, the salary date is not fixed. Sometimes we get salary at 7th or 15th, but this time a entire month has passed but still we are not getting salary. I enquired to Accounts department but they replied they still haven’t got salary. Please advice me

    Thanks.

    Reply
    • Sanjay S

      Dear Kunal,

      It is not that you don’t have any legal remedy available to you. There are laws which deal with such issues.

      The problem with the Indian Judicial System is that though there are laws which cover each and every aspect of Indian life but they are cumbersome and not easy to implement timely.

      Any kind of industrial dispute or disagreement can be dealt under Industrial Dispute Act,1947 but it will take a long long time for settlement.

      In my view, instead of looking for a legal recourse, you people should negotiate with the management for the problem or atleast the management should be transparent enough to tell you people every month when the salary is going to be paid.

      Reply
      • VEDANAYAGAM

        Under the payment of wages Act, the employer has to pay the salary within 5th of everymonth.(If The Wage period is monthly).
        You can approach the labour commissioner who is the appropriate authority.The salary wiil be recovered with fine.

        Reply
  107. Tanuj B

    I worked with HR consulting Firm in Delhi and Director of the co. relieved me on 24 Dec. 2010 with a clause that we are winding our indian operation. Searched a job for more then 3 months. Before that was working on a HR Outsourcing Project placed by same HR consulting firm. The Same Project Company hired me in month of April 2010 on there own payroll. Now the Director of Placement Firm sent a mail related to breach of contract to me as per appointment letter issued to me while working in placement firm with a Non-Solicitation act which says” You hereby agree that you shall not, during the course of your employment and for the period of 12 months after the termination of your employment, directly or indirectly, for your own account or as an agent, employee, officer, director, consultant, or share holder or equity owner or any other person, recruit, solicit, entice assist or engage in any activity whatsoever that would result in any person then or thereafter employed by the company or appointed as a representative of the company to be solicited for employment.” Now in this case he is asking for Dues as he lost the project with said company which ended the agreement in feb. 2010 and he is asking the business loss from me. Kindly suggest what to do in this case as i am jot aware of anything. What to DO? Pls. suggest me.

    Reply
    • Sanjay S

      I understand your case as follows:-

      You were employed by a Company called (A). The company-(A) seconded you to Company-(B). The
      company (A) terminated your services in Dec-2009. You looked for job for 3 months and in
      April-2010, the company (B) recruited your directly. In the meantime, in Feb-2010, the Company(A)
      lost the outsourcing or seconding contract with company (B). However, your appointment with
      Company(A) had a clause that during the course of your employment and 12 Months after the
      termination of your services with company(A), you cannot engage in any activity including
      employment with the Compnay(B).

      If thats the case, the action of Company-(A) in sending you the Notice is completely illegal as the
      said Clause itself breaches your fundamental right of employment. Dont worry, the action of
      Company(A) will not rest in a court of law. Once they have terminated your services in Dec-2009,
      they cannot claim anything whatsoever after that.

      But since Company(A) has sent you a written notice, it would be advisable if you consult a lawyer
      giving him the complete information and take his opinion, though prima-facie, the contention of
      company(A) does not hold water even if it was one of the service contract condition since it is
      one-sided and Company-(A) cannot prove that it has suffered a business loss with Company-(B)
      since you joined Company-(B).

      ————————————————————————————————————-
      Disclaimer :- Because of the limited facts presented by you, please note that the reply post
      cannot be construed as expert Legal Advice. You may please consult a Lawyer giving him full
      details of your case for having a sound opinion.

      Reply
  108. Risah Roy

    Hi…
    Im working in a NGO located at Hyderabad. The management forcing me to work even on sunday’s. Please guide me about legal rights
    of an employee in this regard.
    Request your advice on this issue.
    Regards,

    Risah Roy,
    risah.roy@gmail.com .

    Reply
    • Sanjay S

      The service rules and daily/weekely working hours are clearly defined.

      You should first find out under which act your NGO has been registered and the act will then tell the working conditions/ hours.

      In any case, all establsihments have to give atleast One weekly off to its employees.

      So the attitude of your management is illegal.

      Reply
  109. Payal Gupta

    Dear friends,
    Your expert advice required. I have been working with a reputed domestic airline as cabin crew for three years now and i am still withdrawing the same salary i joined at. Till now i havent
    had a single increment. Oue appintment letter says that if the employee wants to separate from the company he or she will have to serve a notice period of three months or three months’
    salary. Agreed! But nowhere is it mentioned that while serving notice period the worker would not be paid salary and that collective salary will be paid at the end of the notice period. Thats
    exactly what is happening. But noone says anything so they are continuing the trend.
    Also the ground department has recently received the much awaited increment wherein inflight has not.
    I want to know whether it is right to hold employee’s salary on notice period and pay increment only to one dapartment of the same company.
    If it is not can i file a case against my company for exploitation ans discrimination.
    Please guide me about the correct procedures.

    Reply
    • Sanjay S

      Payal,

      The salary is to be paid on monthly basis, during the Notice Period. It cannot be paid on cumulative basis.

      Your information vague and imcomplete as far as Increment portion concerned. For that, your Service-Contract or Employment-notification is ot be perused. If you salary was consolidated stipent for a certain period, then you cannot claim an Increment. But, if your company commited an increment, then its unlawful on their part no to pay it.

      Reply
    • jayanta Adhikari

      Dear Payal,

      As per the law no one is entitled to hold back your salary . You have all the rights to file a suit against them . You can even file a money suit against these fellows.

      Regards

      Jayanta Adhikari
      Advocate.

      Reply
  110. Atul Bharti

    Dear Friends,

    I request a clarification from all, on PF. If an employer is covered and registered under PF Act 1952, Can it segregte its employees on the basis of salary of more and less than Rs. 6500/- and accordingly pay contribution for the employees drawing less or up to Rs. 6500/- and exclude employees drawing more than Rs. 6500/- by taking form 11 from these employees.

    Reply
    • Sanjay S

      No. The Employer has to pay PF in respect of all his employees. He cannot make difference on the basis of salary/ designation.

      Reply
  111. Kasha Mafar

    Dear sir,

    Irregularities of salaries occur all the time; one person doing the same job making more than another person. Even if we let the administration know, they just listen or tell to fill paperwork all the while making their administrative salary that’s why they don’t care.

    Company engaging an employee on a contract basis is another matter entirely, and I’ll leave it to another to answer your question.

    Kasha

    Reply
  112. AsheemDatta

    Dear Sir,

    My wife is a JBT Teacher in CBSE Affiliated School and she is getting salary as per 4th pay commission. Now you see 6th pay commission is in pipeline but the governing body of the school is not in a mood to implement 5th pay commission.

    The teacher to student’s ratio and numerous anomalies are there. The inspection body from CBSE usually come and goes to complete their formalities.

    If any teacher raises his/her voice against irregularities of salary. The School Management makes his/her condition pathetic and force to leave the job.

    Due to good links of Management in Government nobody comes forward.

    Is there any way to take the matter to conclusion?

    regards,
    asheemdatta@rediffmail.com

    Reply
  113. Adv. Watan Bhajanka

    Dear Sir,

    What if company engages employees on contract basis and on expiry of that gives ongoing contract without mentioning any specified period. Please advice.

    Thanks

    Reply
    • Sanjay S

      Check with your employer that the period of contract has not been missed by mistake. If that is the case, the contract can be amended.

      The second thing is may be the company does not want to commit a time-period for the employment in writing and wants to reserve the right of termination of contract to itself.

      In such a case, the company will have to give a reasonable time to revoke the contract, as per Indian Contracts Act.

      ————————————————————————————————–
      Disclaimer :- Because of the limited facts presented by you, please note that the reply post cannot be construed as expert Legal Advice. You may please consult a Lawyer giving him full details of your case for having a sound legal opinion.

      Reply
      • VEDANAYAGAM

        There is a legislation caleed Contract Labour ( Regulation and Abolition ) act. which regulate the contract labour.
        The Contractor is licenced to employ contract labour and Principal emloyer is permitted to employ contract labour.
        Usualy the job ends when the contract exipres.However there are state and central legislatdions which gives permanent
        status to the employee and in some occasions if the job done during the priod is that of the job of principal emploer ,
        the courts have declared the contract as sham and nominal and declared theemployees as permanent.

        Reply
  114. Adv. Vikrant Jomde

    Dear Sir,

    I am Vikrant, M.Phil Pass out from NALSAR University of Law H’bad and preparing for Ph.D in Social Security Law in India, i want to know the role of Social Security Laws in period of recession with special reference to Indian Social Security Laws. Please advice me.

    Thanks

    Reply
  115. Ravi

    Dear Sir,
    Please advice does a Company has a right to not give Experience letter to an employee when the company force him to resign few days before the bond period expire,and also Company has put in allegation to fire him, Please advice can I go to the Court if this has happened with me as I am a confirmed employee of the Company and working with the Company Since April 09,2007. Please Advice

    Reply
  116. s srinivasan

    Dear Gautami If your company does not apply the ceiling of 3.5lakhs.you will get Rs4.66lakhs by way of gratuity

    Reply
  117. Mohan

    Is it legal to employ a person on daily wages for a period of 29 days in a month and then re-employ. The cycle is then followed for many years.

    I know of a Govt organisation which is following the above approach employing several thousand casual employees in approx 30 different establishments. Many have have been serving for over 20 yrs. They are paid around 4000/- per month and no other benifits. There is no union.

    Reply
    • Sanjay S

      Dear Mohan,

      You should approach the Astt.Labour Commissioner of the area for an inverstigation if the company is fluting Contract Labour Act,1971 in the guise of daily wages.

      Reply
  118. sanju

    i am working in pvt ltd company since last 8years. this company earlier proprietorship concern & last 2.5 years converted in pvt ltd co. here total number of employees in india is around 25 nos & no facility of PF & ESIC thats why i want to leave job. my salary per month 10000. please suggest me as per labour law can i demand for gratutiy or not, if yes than what amount.

    Reply
  119. kishan lal meena

    It is a case of punitive transfer of Rly employee against statutory rule FR 15 with the ulterior purpose of causing punitive,Harassing and loss of reputation by Rly authorities on the basis of alleged misbehave complaint.on the same allegation for which I was placed under suspension for two months and a chargesheet for major penalty was also issued by D.authority and diciplinary enquiry is being conducted still and not yet been finalized. thereafter I was transferred to 335 KM.I was filed a OA before CAT where stay order was granted against transfer order but the CAT has been disposed od my case with the direction that “the matter is remitted to appropriate authority to reconsider in the light of Board’s instructions to pass appropriate order”.thereafter the admn has been decided to file a appeal against above said CAT’s order.kindly give legal opinion to face this case in the High court.

    Reply
  120. Gautam Jain

    I am working in prvate company since january 1989 to till date , now i want to leave services at present my basic salary is rs. 38500/ per month pls advice the gratuity amount

    Reply
  121. B Rana

    My PPF account matured after one extension of 5 years on 31.03.09. I wanted to renew it for another 5 years and paid accordingly Rs.70,000/- during June’09. Now, I desire to close the account and withdraw the entire balance to partially finance the expenses on higher studies abroad.
    Request your advice on this issue.
    Regards,

    B.Rana

    My PPF account matured after one extension of 5 years on 31.03.09. I wanted to renew it for another 5 years and paid accordingly Rs.70,000/- during June’09. Now, I desire to close the account and withdraw the entire balance to partially finance the expenses on higher studies abroad.
    Request your advice on this issue.
    Regards,

    B.Rana
    ranab52@hotmail.com
    B.Rana

    Reply
  122. P K MAHATMA

    DEAR SIR
    PLEASE GUIDE OUR LEGAL RIGHTS ABOUT COMPENTATION FOR REMAINNING SERVICE PERIOD BECAUSE OUR COMPANY SOLD OUT THIER ALL MFG. UNITS AND WANT TO BINDUP HIS BUSINESS. THEY ARE DOING A SETTLEMENT WITH STAFF UNION OF 70 MEMBERS FOR COMPENTATION BUT THEY ARE TOTALY IGNORE “MANEGMENT STAFF” WHICH TAGGED IT SELF BY MANEGMENT BECAUSE WE ARE NOT IN ANY UNION SO THAT MANEGMENT GIVING ONLY ONE MONTH SALARY AS NOTICE PAY. WE ARE 30 PERSONS EFFECTED FROM RUDE MANEGMENT ATITUDE, FOR YOUR INFORMATION WE ARE DOING OUR ESRVICES FROM LAST 10 TO 25 YEARS IN COMPANY.

    PLEASE HELP IN LEGAL STEPS FOR OUR FUTURE SECURITY. YOU WELL KNOW THAT MARKET JOB CONDITION ARE VERY BAD.

    THANKING YOU
    YOURS
    P K MAHATMA

    REQUEST ON BEHALF OF 30 PERSONS, THIER LIFE IN HAND OF RUDE MANEGMENT

    mahatmapk@gmail.com
    P K MAHATMA

    Reply
    • VEDANAYAGAM

      In cases of genuine winding up, the employees right is only to receiive closure compensation as contemplated under the ID Act.If he settlement is
      is more advantageous,you can better to receive the same.

      Reply
  123. mohit

    there is no punishment for the wrongs, bias, and negligency committed by the administrative authority so there is all chance to do wrongs with the employee against the law personally or otherwise and in the same manner charge sheet can be issued against one leaving six other employees. However, this is against the law of land blatantly. So please do not take panga with the officers as they are not punished for their wrongs if they commit any offence or crime against you.

    Reply
  124. mohit

    can an employee be dismissed from service if an unknown person comes in his office without any lawful authority and without showing his identity and the intruder is beaten up by the employee for his misconduct and misbehaviour

    Reply
    • Sanjay S

      As an employee, your are supposed to maintain a decent decorum within the premises of your employer.

      Your beating of a person within the premises of your employer is contrary to law and contrary to your terms of your service.

      Therefore, you may be dismissed from your service ,if the employer so wishes. on disciplinary grounds.

      Reply
  125. Rajsri

    in preliminary enquiry if the investigation points only a single person you can issue charge sheet on one persons leaving teh six others

    Reply
  126. rajesh mahawar

    can one person be chargesheeted if a complaint is made collectively with more then seven workers.

    Reply

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