Posted On by &filed under Services Provided by us.


labour_laws1The history of labour legislation in India is naturally interwoven with the history of British colonialism. Considerations of British political economy were naturally paramount in shaping some of these early laws. In the beginning it was difficult to get enough regular Indian workers to run British establishments and hence laws for indenturing workers became necessary. This was obviously labour legislation in order to protect the interests of British employers.Then came the Factories Act. It is well known that Indian textile goods offered stiff competition to British textiles in the export market and hence in order to make India labour costlier the Factories Act was first introduced in 1883 because of the pressure brought on the British parliament by the textile magnates of Manchester and Lancashire. Thus we received the first stipulation of eight hours of work, the abolition of child labour, and the restriction of women in night employment, and the introduction of overtime wages for work beyond eight hours. While the impact of this measure was clearly welfarist the real motivation was undoubtedly protectionist!To date, India has ratified 39 International Labour Organisation (ILO) conventions of which 37 are in force. Of the ILO’s eight fundamental conventions, India has ratified four – Forced Labour 1930, Abolition of Forced Labour 1957, Equal Remuneration 1951, and Discrimination (employment and occupation) 1958.

The organised and the unorganised
An important distinction that is popularly made nowadays in all discussions relating to labour legislation is between workers in the organised/formal sector and those in the informal/informal sector. Many who make this distinction do so with ulterior motives, yet we must reckon with it – especially because out of the total workforce in the country, 92 percent work in the informal sector while only eight percent work in the formal sector.
At the outset it must therefore be remembered that those who were unorganised yesterday are organised today and those who are unorganised today aspire to become the organised tomorrow. Moreover, many rights, benefits, and practices, which are popularly recognised today as legitimate rights of the workers, are those that have accrued as a result of the struggles carried out by the earlier generation of workers. The attempt, prevalent in some circles to pit one section of workers against the others, must therefore be carefully understood and deserves to be rejected outright.
Trade unionism and the Trade Union Act 1926
There are almost ten major central union organisations of workers based on different political ideologies. Almost every union is affiliated to one of these. These central organisations have state branches, committees, and councils from where its organisation works down to the local level.
The first central trade union organisation in India was the All India Trade Union Congress (AITUC) in 1920 – almost three decades before India won independence. At about the same time workers at the Buckingham and Carnatic Mills, Madras went on strike led by B P Wadia. The management brought a civil suit against the workers in the Madras High Court and not only obtained an injunction order against the strike but also succeeded in obtaining damages against the leader for ‘inducing a breach of contract’. This was followed by widespread protests that finally yielded in the Trade Union Act 1926 giving immunity to the trade unions against certain forms of civil and criminal action. Apart from this aspect the Trade Union Act also facilitated registration, internal democracy, a role for outsiders and permission for raising a political fund subject to separate accounting requirements.The Trade Union Act facilitates unionisation both in the organised and the unorganised sectors. It is through this law that the freedom of association that is a fundamental right under the Constitution of India is realised.
The right to register a trade union however does not mean that the employer must recognise the union – there is in fact no law which provides for recognition of trade unions and consequently no legal compulsion for employers, even in the organised sector, to enter into collective bargaining.
Yet in reality because of the strength of particular trade unions there is fairly widespread collective bargaining, especially in the organised sector.
Wage determination in the un organised sector
Wage determination in India has been achieved by various instruments. For the unorganised sector the most useful instrument is the Minimum Wages Act 1948. This law governs the methods to fix minimum wages in scheduled industries (which may vary from state to state) by using either a committee method or a notification method. A tripartite Advisory Committee with an independent Chairman advises the Government on the minimum wage. In practice unfortunately, the minimum wage is so low that in many industries there is erosion of real wage despite revision of the minimum wage occasionally. A feeble indexation system has now been introduced in a few states only.
Collective bargaining in the organised sector
An important factor that is not much recognised, but which still prevails in many organised sector units is fixing and revising wages through collective bargaining. The course of collective bargaining was influenced in 1948 by the recommendations of the Fair Wage Committee that reported that three levels of wages exist – minimum, fair, and living.These three wage levels were defined and it was pointed out that all industries must pay the minimum wage and that the capacity to pay would apply only to the fair wage, which could be linked to productivity. In addition to this the fifteenth 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.Strikes and lockouts
Workers have the right to strike, even without notice unless it involves a public utility service; employers have the right to lockout, subject to the same conditions as a strike. The parties may sort out their differences either bilaterally, or through a conciliation officer who can facilitate but not compel a settlement which is legally binding on the parties, even when a strike or a lockout is in progress. But if these methods do not resolve a dispute, the government may refer the dispute to compulsory adjudication and ban the strike or lockout.
Conciliation, arbitration, and adjudication
When parties engaging in collective bargaining are unable to arrive at a settlement, either party or the government may commence conciliation proceedings before a government appointed conciliation officer whose intervention may produce a settlement, which is then registered in the labour department and becomes binding on all parties. If conciliation fails it is open to the parties to invoke arbitration or for the appropriate government to refer the dispute to adjudication before a labour court or a tribunal whose decision may then be notified as an award of a binding nature on the parties. Disputes may be settled by collective bargaining, conciliation, or compulsory adjudication.
Colonial dispute settlement machinery
The Industrial Disputes Act 1947 (IDA) provides for the settlement machinery above. The framework of this legislation, which is the principle legislation dealing with core labour issues, is of colonial origin. This law originated firstly in the Trade Disputes Act 1929, introduced by the British, when there was a spate of strikes and huge loss of person days and secondly through Rule 81A of the Defence of India Rules 1942, when the British joined the war efforts and wanted to maintain wartime supplies to the allied forces. Interestingly the interim government on the eve of formal independence retained this framework by enacting the IDA, which still remains on the statute book.
Developments after independence
Even though the IDA was primarily meant for industry in the organised sector, its present application has now extended well into the unorganised sector, through judge-made law. Its pro-worker protection clauses and safeguards against arbitrary job losses have evolved over a period of time both through the process of sustained legislative amendments and through the process of judicial activism spread over more than five decades.
The original colonial legislation underwent substantial modification in the post-colonial era because independent India called for a clear partnership between labour and capital. The content of this partnership was unanimously approved in a tripartite conference in December 1947 in which it was agreed that labour would be given a fair wage and fair working conditions and in return capital would receive the fullest co-operation of labour for uninterrupted production and higher productivity as part of the strategy for national economic development and that all concerned would observe a truce period of three years free from strikes and lockouts.
Regulation of job losses
Space does not allow a detailed discussion of this transformation in labour policy and consequent amendments to labour law, but provisions that deal with job losses must be noted. Under the present law any industrial establishment employing more than 100 workers must make an application to the Government seeking permission before resorting to lay-off, retrenchment, or closure; employers resorting to any of the said forms of creating job losses, is acting illegally and workers are entitled to receive wages for the period of illegality. The Reserve Bank of India commissioned a study into the causes of sickness in Indian industry and they reported cryptically, ‘Sickness in India is a profitable business’. This chapter in the IDA, which has been identified as offering high rigidity in the area of labour redundancy, has been targeted for change under globalisation and liberalisation.
Protection of service conditions
A feature of the IDA is the stipulation that existing service conditions cannot be unilaterally altered without giving a notice of 21 days to the workers and the union. Similarly if an industrial dispute is pending before an authority under the IDA, then the previous service conditions in respect of that dispute cannot be altered to the disadvantage of the workers without prior permission of the authority concerned. This has been identified as a form of rigidity that hampers competition in the era of the World Trade Organisation.
Removal from service
A permanent worker can be removed from service only for proven misconduct or for habitual absence – due to ill health, alcoholism and the like, or on attaining retirement age. In other words the doctrine of ‘hire and fire’ is not approved within the existing legal framework. In cases of misconduct the worker is entitled to the protection of Standing Orders to be framed by a certifying officer of the labour department after hearing management and labour, through the trade union. Employers must follow principles of ‘natural justice’, which again is an area that is governed by judge-made law. An order of dismissal can be challenged in the labour court and if it is found to be flawed, the court has the power to order reinstatement with continuity of service, back wages, and consequential benefits. This again is identified as an area where greater flexibility is considered desirable for being competitive.
Almost all pro-worker developments that accrued since independence are now identified as areas of rigidity and in the name of flexibility there is pressure on the government of India to repeal or amend all such laws. Interestingly, if such a proposal is fully implemented, labour law, especially for the organised sector, will go back to the colonial framework where state intervention was meant primarily to discipline labour, not to give it protection.
GlobalisationThe most distinctly visible change from globalisation is the increased tendency for offloading or subcontracting. Generally this is done through the use of cheaper forms of contract labour, where there is no unionisation, no welfare benefits, and quite often not even statutorily fixed minimum wages. Occasionally the tendency to bring contract labour to the mother plant itself is seen. This is very often preceded by downsizing, and since there is statutory regulation of job losses, the system of voluntary retirement with the ‘golden handshake’ is widely prevalent, both in public and private sectors.
Regulation of contract labour
The Contract Labour (Prohibition and Regulation) Act 1970 provides a mechanism for registration of contractors (if more than twenty workers are engaged) and for the appointment of a Tripartite Advisory Board that investigates particular forms of contract labour, which if found to be engaged in areas requiring perennial work connected with the production process, then the Board could recommend its abolition. A tricky legal question has arisen as to whether the contract workers should be automatically absorbed or not after the contract labour system is abolished. Recently a Constitutional Bench of the Supreme Court held that there need not be such automatic absorption – in effect this ‘abolishes’ the contract labourer and has given rise to a serious anomaly.
Phase between organised and unorganised
We are already witnessing a reduction in the organised labour force and an increase in the ranks of the unorganised. The above law is a kind of inter-phase in the process of regulating the transition from regular employment to irregular employment. If contract labour is seen as introducing a form of flexibility, a strict enforcement of this Act could have had a salutary effect on the transition process. Instead the enforceability of the Act is now diluted and consequently even the minimum protection envisaged under this law to contract labourers is in jeopardy. Dominant thinking in relation to globalisation is having its effect on the judicial process also, ignoring Directive Principles of State Policy contained in the Constitution of India.
Employment injury, health, and maternity benefit
The Workman’s Compensation Act 1923 is one of the earliest pieces of labour legislation. It covers all cases of ‘accident arising out of and in the course of employment’ and the rate of compensation to be paid in a lump sum, is determined by a schedule proportionate to the extent of injury and the loss of earning capacity. The younger the worker and the higher the wage, the greater is the compensation subject to a limit. The injured person, or in case of death the dependent, can claim the compensation. This law applies to the unorganised sectors and to those in the organised sectors who are not covered by the Employees State Insurance Scheme, which is conceptually considered to be superior to the Workman’s Compensation Act.The Employees State Insurance Act provides a scheme under which the employer and the employee must contribute a certain percentage of the monthly wage to the Insurance Corporation that runs dispensaries and hospitals in working class localities. It facilitates both outpatient and in-patient care and freely dispenses medicines and covers hospitalisation needs and costs. Leave certificates for health reasons are forwarded to the employer who is obliged to honour them. Employment injury, including occupational disease is compensated according to a schedule of rates proportionate to the extent of injury and loss of earning capacity. Payment, unlike in the Workmen’s Compensation Act, is monthly. Despite the existence of tripartite bodies to supervise the running of the scheme, the entire project has fallen into disrepute due to corruption and inefficiency. Workers in need of genuine medical attention rarely approach this facility though they use it quite liberally to obtain medical leave. There are interesting cases where workers have gone to court seeking exemption from the scheme in order to avail of better facilities available through collective bargaining.The Maternity Benefit Act is applicable to notified establishments. Its coverage can therefore extend to the unorganised sector also, though in practice it is rare. A woman employee is entitled to 90 days of paid leave on delivery or on miscarriage. Similar benefits, including hospitalisation facilities are available under the law described in the paragraph above.
Retirement benefit
There are two types of retirement benefit generally available to workers. One is under the Payment of Gratuity Act and the other is under the Provident Fund Act. In the first case a worker who has put in not less than five years of work is entitled to a lump sum payment equal to 15 days’ wages for every completed year of service. Every month the employer is expected to contribute the required money into a separate fund to enable this payment on retirement or termination of employment. In the latter scheme both the employee and the employer make an equal contribution into a national fund. The current rate of contribution is 12 percent of the wage including a small percentage towards family pension. This contribution also attracts an interest, currently 9.5 percent per annum, and the accumulated amount is paid on retirement to the employee along with the interest that has accrued. Unfortunately the employee is allowed to draw many types of loan from the fund such as for house construction, marriage of children, and education etc. As a result very little is available at the time of retirement. This is also a benefit, which is steadily being extended to sections of the unorganised sector, especially where the employer is clearly identifiable.
Women labour and the law
Women constitute a significant part of the workforce in India but they lag behind men in terms of work participation and quality of employment. According to Government sources, out of 407 million total workforce, 90 million are women workers, largely employed (about 87 percent) in the agricultural sector as labourers and cultivators. In urban areas, the employment of women in the organised sector in March 2000 constituted 17.6 percent of the total organised sector.Apart from the Maternity Benefit Act, almost all the major central labour laws are applicable to women workers. The Equal Remuneration Act was passed in 1976, providing for the payment of equal remuneration to men and women workers for same or similar nature of work. Under this law, no discrimination is permissible in recruitment and service conditions except where employment of women is prohibited or restricted by the law. The situation regarding enforcement of the provisions of this law is regularly monitored by the Central Ministry of Labour and the Central Advisory Committee. In respect of an occupational hazard concerning the safety of women at workplaces, in 1997 the Supreme Court of India announced that sexual harassment of working women amounts to violation of rights of gender equality. As a logical consequence it also amounts to violation of the right to practice any profession, occupation, and trade. The judgment also laid down the definition of sexual harassment, the preventive steps, the complaint mechanism, and the need for creating awareness of the rights of women workers. Implementation of these guidelines has already begun by employers by amending the rules under the Industrial Employment Standing Orders Act 1946.Implementation of labour laws
The Ministry of Labour has the responsibility to protect and safeguard the interests of workers in general and those constituting the deprived and the marginal classes of society in particular with regard to the creation of a healthy work environment for higher production and productivity. The Ministry seeks to achieve this objective through enacting and implementing labour laws regulating the terms and conditions of service and employment of workers. In 1966, the Ministry appointed the First National Labour Commission (NLC) to review the changes in the conditions of labour since independence and also to review and assess the working of the existing legal provisions. The NLC submitted its report in 1969. The important recommendations of NLC have been implemented through amendments of various labour laws. In the areas of wage policy, minimum wages, employment service, vocational training, and worker’s education, the recommendations made by the NLC have been largely taken into account in modifying policies, processes, and programmes of the government. In order to ensure consistency between labour laws and changes in economic policy, and to provide greater welfare for the working class, the Second NLC was constituted in 1999.All labour laws provide for an inspectorate to supervise implementation and also have penalties ranging from imprisonment to fines. Cases of non-implementation need to be specifically identified and complaints filed before magistrates after obtaining permission to file the complaint from one authority or the other. Very few cases are filed, very rarely is any violator found guilty, and almost never will an employer be sent to prison. Consequently these powers are used by corrupt officials only for collecting money from employers.
This does not however mean that no labour laws are implemented. On the contrary experience has proved that the implementation of such laws is directly proportional to the extent of unionisation. This generalisation is particularly true of the informal sector.
The unorganised sector
Many of the laws mentioned above apply to the unorganised sector also. In some cases a separate notification may be necessary to extend the application of a particular law to a new sector. It is useful to notice that some pieces of legislation are more general in character and apply across the board to all sectors. The Trade Union Act 1926, The Minimum Wages Act 1948, The Contract Labour (Regulation and Abolition) Act 1970, The Workman’s Compensation Act 1923, and The Payment of Wages Act 1936 are examples of this type. In certain cases, even the IDA 1947 would be included.In addition to the above there are special sectoral laws applicable to particular sectors of the unorganised. Under this category are laws like the Building and Construction Workers Act 1996, the Bonded Labour System (Abolition) Act 1976, The Interstate Migrant Workers Act 1979, The Dock Workers Act 1986, The Plantation Labour Act 1951, The Transport Workers Act, The Beedi and Cigar Workers Act 1966, The Child Labour (Prohibition and Regulation) Act 1986, and The Mine Act 1952.Broadly speaking these sectoral laws either abolish or prohibit an abominable practice like bonded labour or they seek to regulate exploitative conditions by regulating working hours and conditions of service.
A recent trend has been to seek the creation of a welfare fund through the collection of a levy from which medical benefits or pension provisions are made. Workers and management may contribute and attempt to set up tripartite boards for implementation of welfare benefits. In some states like Kerala a large number of such boards have already been set up to take care of welfare in different sectors of employment.Another contemporary effort is to provide an umbrella statute to take care of employment conditions and social welfare benefits for all unorganised sections. Common central legislation for all agricultural workers is also on the anvil. Many powers are vested in quasi-judicial authorities, labour courts, and magistrates’ courts. The power of review is in the High Courts and finally in the Supreme Court.

The general experience, with the occasional exception, is unbearable delay. Even where statutes prescribe reasonable time limits, they are not adhered to. Frustration with labour-related justice is heightened by these unlimited delays. A case of dismissal takes almost ten years for the labour court to decide and if the parties decide to seek judicial review in the higher courts there can be unlimited delay.

For the unorganised sector a renewed attempt to focus on the core labour standard identified by the ILO in its Declaration on Fundamental Rights at Work would still be worthwhile, especially if we take steps to ensure the implementation of the first of those core labour standards namely the freedom of association and the right to collective bargaining. It is only through the organisation of potential beneficiaries that we can hope for some benefits at least to percolate down into the hands of the needy.
 

 

214 Responses to “Labour law in India”

  1. CHRISTOPHER MAHIBAN

    Sir,
    I got am offer letter from NTCC society School, Gate no. 7, Malawani, Malad (west), Mumbai – 400095, Tel. 022-28819815, for work their Christ International School (CBSE), Talegaon, Ahmedpur Talq., Latur Dist, dated 23/04/2015 with effect from 1st June 2015.

    I was joint their school on 1st June 2015 but within 17 days they remove me.

    The school woking hour 09.00 a.m to 6.00 p.m. apart from that they ask to work one and half hours work as a tuition teacher for hostel students without any extra salary, I questioned about that so they appoint some other teacher in low salary without any notice period.

    Kindly look into the matter and help me to get the job again in their school.

    Thanking you,

    M. Christopher Mahiban,
    41/203 MHADA Complex,
    Ekta Nagar, Kandivali (West),
    Mumbai-400067.
    Mobile : 8898894230.

    Reply
  2. daniel lawrence

    I am working in a contract company and its clearly mentioned in offer letter as 60 days of notice period, but they relieve in 30 days but in my case initially they accept for 30 days and then after 20 days of my notice period has been completed now they are saying as per the policy you have to serve 60 days of notice period i am having the mail proof also. kindly suggest is there any labour law relevant to this case.

    Reply
  3. Shalem Raju

    Dear All,
    As i am working in a private company.. i resigned from job over mail as i had an offer in other company,,, but the present company asked me to retain as they will pay me the same salary which i had been offered… and i agreed for that and all this conversation was over mail i didnt receive any document or any copy of confirmation from HR department.. but i changed my decision to leave the company and sent a mail after a week that i withdraw my decision of retaining.. As i have almost near to complete my notice period now they are telling the notice period starts again newly.. Please guide me how to overcome this scenarios as i cant do notice period newly coz i have to join the new company and the present company havent provided me the confirmation in any hard copy or any revised offer letter is issued.

    Reply
    • Prakash singh

      Dear All,
      I am working in MNC from past 3 years and they have a policy that after completion of 3 years, 3 months of notice period will be served. I am doing that so starting from 29-April-2015 onwards. But today they got hold on my salary stating that as per policy they have to hold 1 month salary and they will releive me with Full & Final with July-15 only by giving me June & July salary. Is it legal to hold 2 months of salary??
      Pls help

      Reply
  4. AMIT RANJAN

    I was working in the telecom company bharti airtel ltd for the period
    april 2007-may 2014. I had joined the company in gujarat as senior
    executive-sales. Due to some family reasons I asked for transfer in
    2009 and return to bihar, home state where I was working for
    sepetember 2009 to may 2014. Due to transfer & posting I have not get
    timely promotion in the company. As company’s rule any employee can be
    eligible for next level promotion after 18 months working according to
    performance & recommendation by seniors. But, I have got first
    promotion after 4 years working in the company. Now due to timely
    structural changes in the company, company has make some eligibility
    criteria for every position in the hierarchy position. In which for
    manager position it has made criteria for under the age of 36 years. I
    was make assistant manager at the age of 35 years, so it was not
    possible to become manager in next 1 year. In the meanwhile company
    has transfered me from home town patna to a remote district gopalganj
    for getting exposure & experience of working in different environment.
    I was working their for the period july 2012-may 2014. In the
    meanwhile during working I met road accident in the end of october
    2012 & i faced knee surgery by which i have taken bed rest leave for
    november 2012-feb 2013. After working for 6 month in the company, at
    the end of october month, seniors has asked to me that company is
    judging my performance they will checked my performance till december
    end. They have given me few task, in which it was asked to me that
    minimum 50% is eligibility criteria. I have completed all task within
    the time frame. As my performance is exceeded during that period. It
    can be understand through variable quarterly pay out structure. For
    that period I have got more than 100% incentive. But after 2 months HR
    person has asked to me that my task has not completed & i have to
    leave the company after next two months. They put exit process through
    system & informed me last working day after two month.
    In such situation I become jobless and tried to get a job in other
    company. But for telecom industry for assistant manager age criteria
    has fixed at less than 35 years & also for idea & vodafone I can’t get
    job their due to antipoaching rule. Out of telecom industry, I have
    not work experience and also their is some age barriers of 35 years
    for the same profile position.
    During separation from bharti airtel, company has not given me any
    separation/retrenchment incentive. I had asked it through mail but
    they have denied for any incentive claim as according to them they
    have removed me on performance issue. Its clear indication that it was
    not performance parameter.

    In such situation, I need your help that what justice I can get. Am I
    eligible for any incentive from company or not. Should I have ask the
    same thing to the company or not? It was not proper removal for me.
    After working for 7 years without any timely elevation or special
    training in the career how can company can remove without discussing
    or providing any separation package against serving years for getting
    help in finding or waiting for new job.

    Reply
    • Jai

      Amit Ranjan,

      This is indeed a great injustice. You met into accident and constrained to take rest for few months and thereafter you got 100% incentive is valid proof of your performance. Asking you to resign or threatening to terminate is un-fare business practice. Tell me have submitted resignation Or services are terminated? WRite back, I shall advise you.

      Reply
  5. sandip

    plz help me am working as outsourcing lower division clerk in MAHATRANSCO, in Maharashtra from seven years is their any option are rule to permanent to job plz inform me .

    Reply
  6. santosh

    according to labour law the maximum working hour is 8 hour.where many company working its all employee is 12 hour daily.so why government not take action such company.many company in kattedan area in hydrabad are doing this illgal working hour.so i requst government to take action such company.one big company among them are srinath rotopack pvt ltd,maheswaram ,monkal.if u take action many labours life can change.

    Reply
  7. jitender

    Sir

    I was a confirmed employee of one company, they have asked me to resign so I did, but in response to my resignation they have not allowed me to serve that notice period. Now official notice period is over and I have joined at other company but the salary of that notice period duration is not being released by my previous company. So are they doing intentionally? or there is any valid law?

    please solve my query so could take a stand against them.

    Reply
  8. vishnu soni

    i am a teacher in a private school.my staff working time is 6 hrs.but my working time is 8 or 10 hrs.and any holiday only for me are presented in school.please i request to you for payment extra time and day.if possible.

    Reply
  9. Sampa sarkar

    I’m a lady teacher in a private school. Principal assigned my duty in an upcoming dinner party. Is there any legal provision to oppose his directive to abstain from the assigned duty?

    Reply
  10. Fahim Latif

    I want to know that what are the legal actions that we can take against the employer(even if its an ngo organisation)if it makes the employees work overtime for no extra salary.what are the action we need to take?

    Reply
  11. Devi

    R/Sir,
    My brother is working in MNC worker . Recently some dental problem so he taken leave one week he producing ESI medical leave form also and con-tune to work 1 months but he could not received salary through Bank Account he was complete to supervisor also he just simply he told his ill inform to your salary information to HR Dept don’t worry you continue to work my brother simply ok he will con-tune to work again 20 days he simply asking to supervisor that time he told you already terminated . you go to your home .
    1.with out information how terminated .
    2. After intermingled his coconut to work past one and half month with out salary .
    3.so many labour / worker with out information his terminated why introduce ESI Hospitals and other just for terminated purpose.
    4. Organisation Name: APACHE FOOTWEAR
    Plance: MAMBATTU ,
    Mandal: TADA ,
    Dist: SPSR NELLORE DT. AP.

    Reply
    • ADV SRM

      You can give a written complaint to labour department with all details at your local office & 100% your problem will be resolved

      Reply
  12. shanmughan

    I was worked in public sector company I resigned the job and joined a new job in state government service after 55 days, I think that, return to old job. what is the solution

    Reply
  13. shanmughan

    I was worked in public sector company I resigned the job and joined a new job in state government service after 55 days, I think that, return to old job. what is possiblity

    Reply
  14. shanmughan

    I was worked in public sector company I resigned from service and joined a new job in state government service after 55 days, I think that, return to old job. what is possiblity

    Reply
  15. amitav pradhan

    I am working in Tamilnadu a automotive parts company.this company forced to working sunday and government leave day also.but not giving this day working salary.Any complent giving afther manager& HR persoin directly forced to leave the company.then tell me what is the solution?

    Reply
    • SUSHIL MISHRA

      You may make a simple written complaint to labour office but you should have some proof that you worked on sunday and you were not paid

      Reply
  16. vilas

    Dear Team,

    please tell me what kind of law we are having for international labour /officers like we are having interstate migrant law.

    Reply
  17. MURUGANANTHAM

    I AM APPLIED MEDICAL CERTIFICATE FOR 15 DAYS TO MY SUPERIOR IN TIME BUT NOT ACCEPETD MY M.C AND MARK ABSENT IN MY ATTENDECE AND ALSO I HAVE NOT GET SALARY I HAVE 380 DAYS MEDICAL LEAVE WHAT CAN DO!

    Reply
  18. Hari Prasad G R

    Dear Sir,

    I’m working in an MNC company & now i have got a Job in Corporation Bank which is under Central Govt. So in our company they have a policy of Notice period of 60 days however is this applicable for my Govt job or can i have a Buyout option by paying them 1 month salary & can i releive for 30 days, as i have taken 30 days time from the bank.

    Also pelase advice are these companies cheating us, as we are not aware of the polies of Govt. Please advice..

    Reply
  19. chandru

    plz help me am working as contract basis computer operator in a district level govt. Hospital, in karnataka from three years is their any option are rule to permanent to job plz inform me .

    Reply
  20. Tripti Bajaj

    I am Tripti Bajaj. I am from Delhi and was working with an IT company. I had been working there since last 1 year but left the organization recently. I sent a formal resignation mail to my manager and the higher management and also got the acceptance of it. But in between I got an better opportunity and left the company without serving the notice period. I requested my Head HR to give me my relieving as early as possible as I am ready to buy it out. The HR head told me that we don’t have any option to buy out the notice period. It’s been 3 months since I resigned from the company and when I asked again about my relieving they still have the same answer. I need help regarding this issue. What can I do in that case. I have my formal resignation mail and acceptance mail with me. Please suggest the best possible way to get out of this issue. It would be a great help. Below are the terms & conditions mentioned in my appointment letter.

    Your employment during probation may be terminated immediately upon the company giving you notice thereof; however post confirmation notice period shall be 3 months or company may in its sole discretion, terminate your employment immediately by paying you basic monthly salary in lieu of giving you such notice.
    You may terminate your employment(during probation or thereafter) by giving the company three months prior written notice, after completion of any service continuity obligation, as applicable. Any leave from duty during notice period, period would result in corresponding extension beyond the stipulated 3 months period. The company reserves the right to accept your resignation with effect from such date as it may deem fit even before the expiry of the notice period. In that event the company may relieve you from duties without payment of any compensation for the unexpired notice period, after paying your dues up to the date of your separation.

    Upon termination or expiration of your employment, for any reason, company shall be entitled to, as it sole discretion, pursue any remedy available in law or in contract to ensure settlement of any amounts owed by you hereunder, including costs and expenses incurred toward your training. Further, company shall be entitled to, as its sole discretion, to withhold the relieving letter and all other documents regarding your employment hereunder, till settlements of accounts. Any delayed payment by you would entail interest at 15% p.a.

    The three months are over now. I resigned in September, 2013 and now it’s December. I asked for early relieving but the company did not let me do this. Is there any law in Indian Labor Law or Company Law which allows company to hold back the relieving letter of an employee even if the notice period has already been ended?? Please help me out. I’d really appreciate your help.
    Looking forward to a positive reply.

    Reply
    • amir

      hey tripti i am in a similar situation did you get the answer to your question/. did you get the offer letter?

      Reply
  21. u.preman

    In a pvt. ltd. co.I was working for 43 years continuously, I was asked to retire with 2 days notice. Co. has contributed P.F. till my removal. Will this amount sacking ?. Am I entitled for 30 days gratuity ?. What are the other benefits I am entitled, apart from Leave Salary, Bonus etc.

    Reply
  22. nagarjunareddy

    Sir,
    Basically i am trainer in imparting training on softskills, my question to you is…why the workers cannot start their union in Special Economic Zones?

    Reply
    • dillip kumar

      sir
      i am working in a public sector bank.i have a remaining three day casual leave but manager at my branch denies me any leave…what shal i do? what legal help avaliable to me?

      Reply
  23. celine anup chaudhari

    DEAR SIR,
    MY NAME IS CELINE , I WAS WORKING WITH THREE STAR RESORT AS A GENERAL MANAGER IN NORTH GOA, I WAS FORCED TO RESIGN FROM MY DUTIES BY MY MD.. AS HE THOUGHT THAT I HAD MADE A WRONG BILLING IN TERMS TO EXTRACT MORE MONEY FROM THE GUEST BUT THAT WAS NOT TRUE AS THE GUEST HAD NOT YET CHECKED OUT AND I HAD NOT GIVEN HIM THE RECIEPT FOR THE PAYMENT SO HOW CAN HE ASSUME THAT I HAD COLLECTED THE MONEY FOR MY BENEFIT. HE WITHOUT LISTENING TO ME JUST FORCEFULLY TOOK MY SIGN ON THE TYPED RESIGNATION AND LATER ON CALLED ME SAYING THAT HE WILL NOT GIVE MY COMPENSATION OR DUES.. CAN YOU PLEASE SUGGEST TO WHOM SHALL I CONTACT THE LABOUR OFFICE OR HOW TO FILE A CASE AGAINGT THIS COMPLAIN
    . CAN YOU PLEASE HELP
    THANKS

    Reply
  24. gopinath

    sir iam working in a private ltd company,iam working in contract that contracters from some other states,in my company some admin people bring that contracter inside the company with their influence,now whats the problem that contract owner not frm chennai,but some office they created in city and doing their business with the help of this pvt ltd company adminstrator bcse this person is incharge for these contracts and ir’s,now my problem is they wont providing salary slips,we dont know how much salary company providing but they providing only 6thsnds,if we ask about salary they using only sentence IF YOU INTEREST FOR THIS SALARY WORK WITHOUT OPEN UR MOUTH OTHERWISE LEAVE FROM THIS COMPANY

    Reply
  25. Aradhya

    Sir

    I am working in a Private organisation.Since from 6 months we are not got Salary,as the Management\Md is telling that we are not getting proper revenue, Now pls advise us what to do

    Reply
  26. vinod panchal

    Hi,Hello sir . I ‘m a private company security guards who Government senior Secondary School Delhi three years , I ‘ve been non-stop duty, which I will not week ly leave this private L.t.d company I have got no date medical card and neither . Sheet. lear given the number of the head from 2010 Our bill 10250 a guard looks and today Monthly income in September 2013 until the 5250 Cheque is by what the official rule as well , please suggest or help the what to do. Thank you Sir,
    from-vinod
    delhi

    Reply
  27. Sneha Singh

    Can the company hold back an employee’s salary under any circumstances?? please guide !

    Reply
  28. joyston

    Sir now I am working in Chennai petroleum corporation limited a subsidiary of Indian oil corporation limited in Chennai. I joined here on 2009 June.earlier I was working in panipat refinery Indian oil corporation from 2005 January to 2009 June.both these companies are public sectors.when I joined, in Chennai petroleum in fresh requirements my basic pay pay was protected . I got 6195 in panipat.the entry basic in cpcl for my grade was 5800 rs.they fixed my basic at 6215 rs giving two additional increment. When I resigned from panipat at that time the pay revision of both cpcl and panipat refinery were in due (for panipat from 2007 January and for cpcl from 2009january).in 2010 after my joining in cpcl panipat refinery wage settlement was signed by union my basic at panipat refinery also revised and fixed at 14300 rs on june2009. I got arrear from panipat refinery.after that in 2012 December cpcl wage settlement was signed by union and mybasic was fixed at 11900 rs at june2009.and my after revision pay was not protected by cpcl.what to do to get 14300 rs basic on 2009 June from cpcl.I was neither given two increment nor last drawn basic from panipat refinery.I have already given letter to cpcl. But there is no response. Kindly give me counsel in this matter.

    Reply
    • umesh

      sir now iam working ibm in bangalore, in this company they have rules that employee should work for 8.30 hours/day in production without any extra pay for additional 30 mins, its against to labour law, so pls let me know how i can escalate this issue to govt pls guide me

      Reply
  29. Victim of Shore

    Hi people, here is a Company called Shore Infotech in Hyderabad.
    A worst company you have never seen, this company has policies which frustrate you,
    on 5th of month u will get salary, one LOP two days salary cut, two months notice period, u will not get any salary in notice period and u will get that after 3 months. No bonus no other perks. only salary.
    where can we complaint this to get rid?

    Reply
  30. gudia

    sir
    can i claim my right to equal pay for equal work as a fundamental right against a private company.

    Reply
    • meena

      yes you can claim equal remuneration in a private company. equal pay for equal work is between “all” employees. you can contact your local labour commissioner office and file your complaint there or go directly to the Labour court anf file a complaint. and you can do it on your own too and do need a LAWYER necessarily.

      Reply
  31. vaibhav

    Hi,
    I work for an ISP, with the position of customer relations manager. I am being asked to work for 10 hrs compulsary and only half an hour break. Paid 15k as salary without pf and insurance. salary in cash,,,no salary slip, no offer letter, no appointment letter. Please suggest what to do.

    Reply
  32. Vaibhav

    Hi,
    I work for an ISP with a position of customer relations manager. I am being paid only 15000/- salary per month. where i am asked to work for 10 hrs everyday with only 1 weekoff in a week. I am also not provided with any salary slips, no PF deducated, no salary slip and i get salary in cash….Please tell me if this is applicable in labor law? I am finding uncomfortable working with this insecured rules…..Please suggest.

    Reply
  33. Rohit Kumar

    D/Sir
    i am build my home in last month on contract basis. but my contractor not complete construction work as per our contract then he will demand me contract complete payment, bu t i am not paid this payment. he will told me i am go with labour court.
    so i am request to you please suggest right way for labour law

    our contract not registered/ written

    Reply
  34. DHEERAJ BARSHILIA

    Dear sir,
    I am Dheeraj Barshilia. Main HDFC bank ke ek third party company(H.B.L. Global Private Limited) main T.S.E. tha. Maine waha 6 month kaam kiya. En 6 mahino main mere khilaf koi bhi complaint nahi aai thi customer ki side se. 11 june 2013 ko mujhe HDFC bank ke risk office main bulaya jaata hai, wahan (Amit sahani) ne mere sath pahle normaly poocha or kuch bbaton ko accept karne par jor dala, mere mana karne par mujhe dusre cabin main le jaya gaya or waha mujhse unke head(Tushar) ne question pooche. wahan par bhi mana karne par police ki dhamki di gayi, gandi gandi gaaliyan di gayi jinko main yahan par likh nahi sakta hoon. wahan par mujhe maara gaya or mera collar bhi pakda gaya.
    Agar dusre shabdo main kahu to wahan par meri jaan main ban aayi thi mere blood pressure gir gaya us condition main bhi un logo ne pahle mujhe wo saari cheejen likhne ko kaha jo maine nahi kiya tha. Apni jaan bachane ke liye maine wo sab likha jo maine nahi kiya tha. Uske baad en logo ne mujhe paani diya. Mujhse poore 3-4 ghante pressure main rakha gaya tha. Uske baad mujhe first warning deke wahan se jane ke liye kah diya gaya.
    13-06-2013 ko mujhe mere R.S.M.(Gaurav Saxena) ne bina kisi notice ke ye kah ke nikal diya ki humne aapko terminate kar diya hai, lekin mujhe koi bhi written main proof nahi diya gaya. Jab maine R.S.M. se written main dene ko kaha unhone mujhe saaf saaf mana kar diya. 24-06-2013 ko maine Z.S.M (Shuchi Mahajan) ko mail ki tab mujhe mere S.M. se pata chala ki mujhe suspend kiya gaya hai. R.S.M ne mujhe kahan ki 1-07-2013 ko aapki poori salary or aapka incentive aapke account main credit ho jayega. 3-07-2013 ko bhi jab meri salary nahi aai to mere poochne par mujhe bataya jata hai ki aapki salary hold main daal di gayi hai.
    Wahan par humse 8 hours ki jagah 9 se 10 ghante kaam karwaya jaata tha, or hum logo ko koi extra payment nahi milti thi extra kaam karne ke liye. Hum logo ko public holiday ke din office main bulaya jaata tha. Company ab mere khilaf saajish kar rahi hai, Jin customer se maine 3-4 mahine pahle deal ki thi unko call karke bola ja raha hai ki aap ab mere (DHEERAJ BARSHILIA) against complaint daale or ye sab 15-06-2013 se chal raha hai.
    Ab aap log mujhe bataye ki main kahan jau labour court or civil court jahan mujhe asani se mujhe justice mil sake.

    Reply
  35. G. M .PATEL

    Sir I was working as a Deputy Quality control Manager. company terminated me from my service after about four year. the reason for termination was to hide the company s involvement of manufacturing a spurious adulterated and misbranded drugs was caught red handed by me. To close this chapter company terminated me with immediate effect. where I have to file my court case ie in labour court or civil court?

    Reply
  36. Pooja

    I am working for MNC co. from last 2.5 years. Due to slow business company is forcing 10-15 employees to resign from the post. Our company is pvt. Ltd. company. Another thing is that company is giving us bonus of previous year. So we are now eligible for the bonus of year 2012 but while giving full & final settlement company will not pay bonus stating the reason that there is no clause in Appointment Letter about Bonus.

    I want to know what we can do?

    Reply
  37. Charlin

    Dear sir,
    I am working in scheduled bank. But I am facing problem of Deputation to another branch, i.e my regional office is not passing the allowance of taxi fare which is eligible for me. And also i am working 12 to 13 hours per day instead of 8 hour. I forwarded a complaint to my head ofice they are not taking any action or giving response.

    So please guide me of giving information about labour court and under which act i have to lodge complaint and where.

    Reply
    • Labour Lawyer

      Talk to your bank’s personnel department , give to complaint in writing either send it through registered post or speed post.Wait for action for 7 days & then move your complaint to RBI

      Reply
  38. S. Shah

    Can an Area Manager of Pharmaceutical company register a complaint against his higher management in the matter of issueing “Releasing Letter” forcefully to him to a labour court?

    Reply
    • Labour Lawyer

      Yes , this can be done.But, first ask them to cite reason for relieving you in writing & after that you can go to labour commissioner aswell

      Reply
  39. usher lahu more

    Sir i am doing job in private sector company.in this organisation i am not permanent job.but the company confirm my junior operator because he is runner up in all India skill competition organised by you.i am also in 2nd position but i passed in 2000 at that time there not mention runner up by you. So i request my organisation that i am also runner up means 2nd position & qualified but only technical mistake that on my result sheet runner up not mentioned.so sir our labor ministry started writing runner up from 2003.i also try by letters to you but no response is given to me.sir i am now 38 yr old.this incidence happened in 2010 . Now who will give me justice in this matter?pl. Guide me.

    Reply
  40. Yogendra Sngh

    Hai Sir,
    Pls suggest to me, I am leave a firm since last 2 month ago but my full & final sattlement not done by company. And also the releaving letter hold not issue. Pls suggest

    Reply
  41. Shreya Dasgupta

    My father has been working in a Pharmaceutical Company as Customer Development Officer for last 18years..Suddenly the Company informed my father that he has to retire in July,2013,verbally, i.e. at the age of 55years.The problem is my father’s appointment letter contained no such retirement clause of 55years of retirement.. He was the first CDO of the company in India..This retirement clause was mentioned in the appointment letter of other CDOs who joined much later.And the company doesn’t have a service rule book too.
    Now my father is asking for an extension of three years. Can he demand extension till 58years?
    Please Reply fast

    Reply
    • Labour Lawyer

      In case such clause is not mentioned in the appointment letter then you can move to local court against the company but this will may not serve your purpose, i suggest to ask your father’s employer to either compensate the 3 years service terms or extend the terms of employability

      Reply
  42. sathish kumar

    My Manager using bad words with me its affect me pls help me now what can i do againt my manager i have clear audio record for that.pls help me

    Reply
    • Labour Lawyer

      See such things are a routine in private companies.Work pressure , deadlines , family pressure may lead to your manager to use abusive words against you.Better , you meet him in person & politely talk to him in this issue.Dont loose your cool & patience

      Reply
    • Lawyer

      See such things are a routine in private companies.Work pressure , deadlines , family pressure may lead to your manager to use abusive words against you.Better , you meet him in person & politely talk to him in this issue.Dont loose your cool & patience

      Reply
  43. P.C. Kaura

    My transfer order Ambala to Rewari on the basis of false , fabricated & concocted story writing on note-sheet by the CGMT office (BSNL) Haryana Circle Ambala. All document received from BSNL office through RTI Act-2005. But I can do.?

    Reply
  44. Binod

    I AM A MANAGER OF A CANTEEN. I LIKE TO KNOW THAT THE WORKING HOURS OF THE EMPLOY(LABOR)IS HOW MANY HOURS AND THAT INCLUDES THE LUNCH BREAKS OT EXCLUDING THE BREAK.

    Reply
  45. Bishal Sharma

    Hi, I have submitted by resignation to my employer after verbal discussion on 15th April 2013 mentioning my last working day as 22nd April and have requested to relieve me on 22nd April. My actual notice period is 1 month and I am willing to pay back the differential amount as per FnF that would be sent to me. My employer has been telling me to extend my notice period which I am not able to. Have been requesting everyday for relieving however they are not clear as to whether they will do it or not. Please advise what would be the consequences if I keep my last working day as 22nd April and do not attend office from 23rd April. Also please advise whom do I handover my laptop & ID card in such a scenario. My future employer is ok joining them with a copy of my resignation.

    Reply
  46. Pritam Bokde

    Hi,
    I am accountant in partnership firm ,I have perform my job from last 3 years, in that firm we have 25 workers ,some of this 15 to 10 years regularly perform our job but no one of this is permanent worker and our firm is allow on us such as eligal rulls , our time of work is not ragisted , now we are more trusted from this types of rulls , if you have any solution of that so please conform me
    thanks you

    Reply
  47. sachin

    I am owner of a prop. Firm in delhi. If i am giving my employes bonous of one month on diwali regularly. Now if some leaves job, now am i liable to pay anything to them or not, bcoz bonus is given every year. My firm is just 2.5 yr. Old.

    Reply
  48. Bikash Sarma

    Dear sir,
    I am a journalist.After a long legel dispute I got an award for reinstatement in the service. Now, after 14 years,the mangement has been offering me a post of initial scale of pay which is not acceptable for me. I want proper siniority and promotion for the gap period. What should I do?

    Reply
  49. d.s.rawat

    sir agar kisi ne 20 sal kahin pvt me salry ka ricord bhi n raha ho jahan kuch bhi .pf aadi n raha ho usme kahi kam kiya hai our ab chhodna chahta hai kya use banfit mil sakta hai laour court se apeel karne se

    Reply
  50. Sunil

    i am software-engg… what an employee will do when a manager of company will terminate a employee due to racial feeling or ill feeling…

    what section of law will applicable ?
    what punishment will be given to employer or manager…?

    plz some one reply me over my mail…

    Reply
  51. MEENA GUPTA

    i have joined in unorganised sector on 1/1/2012. as i have become pregnant on 12/08/12, i could not continue & went on leave from 27/09/12. my ist increment was due on 1/1/13. i am still on leave. shall i get my salary increased rate when i join after birth of my child.

    Reply
  52. Saroj

    Hi,
    I am working in well known Indian company in Mumbai from last 1 and half years as a software developer, bcoz of some reasons this company is decided to merge and they have been terminated 15 people from company on this basis that they will give compensation of their notice period and also will pay all the dues of their last six months salary which is not done from so long time.we called them so many times but they always says like in next week ,sometimes says we are bankrupt do what you want .Now company is not giving any kind of compensation to workers & staff. Is there is any Law for getting compensation? & if is yes can u plz mail me detail of that law. i request you to rep my message as early as possible.

    Reply
  53. ajeet gupta

    sir i have worked in a real estate company in noida.The owner has not given me two monts salary i have quit the job .How can i get my salary, he is not ready to pay any salary

    Reply
  54. Sagar

    Hi,
    I am working in well known Indian company in Mumbai from last few years as a engineer, bcoz of some reasons this company is takeovered by German company & now shifting to Hariyana.
    Now company is not giving any kind of compensation to workers & staff. Is there is any Law for getting compensation? & if is yes can u plz mail me detail of that law. i request you to rep my message as early as possible.

    Reply
  55. Mageswari

    Hi,,
    I worked in clinic as part time doctor secretary. i worked for all 30 days. There no leave in month. If i took leave they will less in salary. He is having my 50% first month salary. In starting they told tat if i inform one month before leaving job he will give d money. i informed him on Feb 2, 2013 tat i gng to quit. But he dont want me to continue so he scolded me harshly and stopped me. Now he telling tat he wont give my money. I want to know whether is there any law for weekly leave. How to get my money. I am seriously stressed and depressed because of his harsh behaviours. Please guide me to get my money. do needful.

    Reply
  56. jay m bhogaita

    Sir, i have done BCA 2012,, now i am doing job as Admin in RIL (contract base), and i want to join in legal career what should i do,, llb ?? llm ?

    Reply
  57. Manish Chunawala

    Why P F Code is required?
    What is the Mendatory requirement for getting P F Code ?
    What is the Minimum no of labour required for taking PF Code ?

    Reply
  58. vilas phulse

    sir i joined company with two year bond and in that bond they mentioned that if i leave a company before that i have to paid the money which is mentioned in bond so you tell me what i will do?

    Reply
  59. Anuj

    Hi
    i want to daily basis labours rules and regulations pdf please provide
    Thanks and Regards

    Reply
  60. suresh

    Hi,
    I work for a well known company for the past 2 months, & all of a sudden my chairman told me that they do not need my services. Can I ask for 2 months compensation. The reason cited was for non performance in just 2 months!!!!!!
    Can somebody let me know how do i go about.
    Regards,
    Suresh

    Reply
  61. GANESH

    if we are taken leave in personal cretical conditions without intimation one month is there any problems to permanet job

    Reply
  62. akt

    sir. pl. inform kijiye ki kya contract attendant / labour worker ke liye max. over time agar worker company me working kiya hain 1111 hours usko working ka total payment ka kya rules hain jo ki worker ko mile company main

    Reply
  63. Kirpal Bisht

    Hi Team,
    I just want to know about the duration of notice period for leaving any organization; I am worked a organization at U.P. as per this company commitment employee should be serve the three months notice, I just want to know as per the labour law of india what is actual notice period duration.

    Thanks
    Kirpal Bisht

    Reply
  64. anshuman desai

    i am working in private organisation. i have submitted my resignation 1 month in advance as per company rule. company has not issued acceptance letter as well as not advising me whom i should hand over chrage on my last day. 31st October, 2012 is my last working day as per my resignation letter. please advise me what i should do in this circumstances.

    Reply
  65. jyoti

    i want to know if i leave the porperty before 2 months of bonus .than could i get the bonus or not or what is esi policies of the hotel

    Reply
  66. Raghav

    Hello sir,

    I’m working one private engineering college, in the august 15, 2012 college announced working day.. if you are ascent means that day salary deduct our monthly salary..

    kindly help me or advise me..

    Thank you.

    Reply
  67. Sasmita Mohanty

    hi i wish to conduct an audit for my manpower contractor. Which are the areas that i need to look into to – all including stats, policies, proceedures, compliance etc… could any of my friends send me a checklist?

    Reply
  68. sushant

    can company take any legal action against an employee if he/she refuses appraisal letter and wants to continue with the last salary ?
    (what if an employee returns PLR amount and revised salary amount granted to him/her to company by cheque?

    Reply
  69. Amaresh

    In case of termination, is it mandatory to provide a letter of termination according to Indian laws?

    Reply
  70. srinivas

    sir
    i am working oil&gas Exploration company in contract basic since 5years earn leave not given my company yearly how meany leave coming sir please give any one ans

    Reply
  71. Raju Khandelwal

    Hi! This is Raju Khandelwal, i am working with Radiotelevisione Italiana RAI, Italian national broadcast channel.
    They decided to close services from India, and they shut down office on July, 2012.
    Question: How many months salary i can charge from this company at the time of closing? Please help me. They are only giving me 1 month salary in advance.

    Reply
  72. Subramonian

    I’m working in HCL. The company has not paid my salary as per agreed .Now i’m in the notice period. The company has to pay my appraisal amount but my manager closed it very lately.HR is saying since i’m on notice period they won’t be paying it.How do i proceed?pls help

    Reply
  73. Jivesh

    Hi,
    I was appointed as an OJT in HCL but now they are giving me the relieving letter as an Associate in Customer care and said that this is as a process. but i want my appointment letter as an OJT only.. May I do anything??

    Reply
  74. Swathy

    Sir,

    Need your advise, i have working in an insurance co for last 5 years , as per there offer letter probation period is 6 months 7 we need to confirm after, but now i head i am in probation period – during these period i got increments , bonus etc

    waiting for your advise

    Reply
  75. puranalawyer

    hello everyone,
    I want to ask a question regarding an educational providing company basically an institution. The company has terminated an employee and also refused to pay his salary of 3 months which was continuously being delayed by the company from last 1 &half year. The company never paid the salary on time. The reason of terminating the employee was that he had some data of the company saved in his personal hard disk and he was also found guilty for giving private tutions to the in-house students of that particular institution.

    The company also asked the employee to pen it into paper and sign it that he is guilty of the tasks he has done ie.providing private tutions and keeping the company’s data.

    I want to ask you that is this a crime and if not what actions could be taken and how can he get back his 3 months salary.

    Tell your answer according to Indian Law

    Reply
  76. manish kumar

    I Can help of all poors and abused for chiuld labour or forced working i am not charge any fee on all procedure and provide you all kind of facility as spending amount pay by my self my name manish kumar if you can trust contact me i will fast help in give you justice by govt. of india

    manish kumar

    Reply
  77. Ashok saini

    Sub – Three month Salary are pandding in
    ganesh S. Chaurasia & company
    Add-HN.3 Block-FPalam vihar Extension Dharam Colony.Near Kamdhenu Gaushala Gurgaon Haryana
    PIN No 120001

    sir,
    i m working in Gurgaon of Ganesh s. Chaurasia & company .last two month r very truble.so i m not found salary .the join letter r provided by company.the company honor not salary provid with me And other employer.i m problamatic .i wants salary. Familly r poor .

    plz Suggest me .what can do it matter .
    With Regard
    Ashok kumar Saini
    Interior Designier
    mob -09650665667

    Reply
    • t. vinod

      mr. saini!
      here you have mendtioned your problem but i think your communication in english is worst and you have written rubbish garbage. therefore first of all go and learn properly how to write your own problem.
      thanks

      Reply
  78. CHANDER PAL

    Kindly tell me
    what are the responsibilities of principal employer in cases of contract labour engaged by the private contractor for the department of Govt of India

    Reply
  79. Priyank Soni

    Dear Sir,

    i was working with Hybrid systems ltd. and along with me 10 more people were working at tehir Ahmedabad office. company shut down their operation in by 2Feb,2012 in Ahmedabad. the Higer mamagement of the company commited us to pay the salary by 15 Feb along with the expences. but still we didnot get any payment so please guide us what action we can take against the company

    Reply
  80. Jakir beg

    Dear sir
    I was appointed as Sales Executive in Espacio industries india pvt ltd in July 2011 i work well but they cant given me Appointment letter they give me salary of Rs 5000 i do my duties well i sell product very well but two delar not given payment bt company company has collecting this payment from me i don’t have any option they cant give me salary from Oct 2011 to Jan 2011 i have advance from company of rs 11000 rs what will i do i want to leave this company
    please give me advice i am unable to brief hear due to poor English

    jakir beg
    9860956915

    Reply
  81. Mukesh kr singh

    I have resigned from the company on 6th june 2011 and the HR have told to give the full and final settlement but I have get nothing now a day what shell I do

    Reply
    • s.p.srivastava

      In view of the fact that you have neither been paid wages/full&final payment nor have been communicated about acceptance of your resignation or have been relieved,you are deemed in the employment & therefore immediatelly withdraw your resignation

      Reply
  82. amit

    Dear sir, i am working in a private university from 26 oct. 2008 to till now. i joined this university in one year adhoc base with fixed salary but university do not continue or discontinue.i informed to registrar about letter he saying to me letter is nothing so plz. give me advice about this problems and when i permanent employe of this organization (after how much time)

    Reply
  83. abhishek mishra

    Dear Sir,
    I am working for a private company in hyderabad, the company is into engineer Consultancy business.the company had made a lot of promises related to increment in the time of joining,i have completed here 8months but up to that they are paying me only 8k/m . I want to know what action can i take against the company as the company has not paid the salaries according to there promises,and they took all of my certificates and made over me a bond money of 2 lakhs for 30 months. I also want to know the remidy for employees who had signed a appointed letter which includes a clause that the employees has to give 3 months prior notice for resigning. As the company is not able to pay the salary according to there promises, there is no meaning in staying in the company for more 3 months. sir please help on the issue

    Reply
  84. Anant Bhosle

    Dear Sir,

    I have resigned on August 08 2011 and till date I haven’t recd the F&F and PF details. What action I will take against the company ? The company is located in Mumbai and I am also residing at Mumbai. Please guide us.

    Your co-operation will be highly appreciable in this matter.

    Regards
    Anant

    Reply
  85. Ashish kumar

    Respected Sir / Madam,
    I was working for DSM INFOCOM PVT. LTD. as Engineer since nov 2009. On aug 2011, I sent resignation letter completing my project. Company is delaying and put my letter process in cold box please clear salary, local conveyance, mobile bill reimbursement and the amount I had spent on the official project works. When I asked them about my Full and Final Settlement, they saying it is in process. They are not ready to give me my Full and Final Settlement
    What should I do against them? Kindly advice.

    Regards,
    Ashish kumar
    DSM/1796

    Reply
  86. Shiva

    Sir, I am not getting salaries since October’ 11 from current organisation. What action I can take?

    Reply
  87. Krishna Ranjan

    Respected Sir / Madam,
    I was working for Stellar Holidays Pvt Ltd. as Senior Manager – Sales & Business Development since May 2010. On 14th December 2011, they sent me the termination letter when I was on leave. And they have not given me my last month’s salary, last 02 month local conveyance, mobile bill reimbursement and the amount I had spent on the official tour to Hongkong (2nd Dec – 8th Dec 2011) . When I asked them about my Full and Final Settlement, they said it has been adjusted to the damages I have caused to the business I was handling and also against my non performance. And they are not ready to give me my Full and Final Settlement
    What should I do against them? Kindly advice.

    Regards,

    Krishna Ranjan

    Reply
  88. S K DUTTA

    Dear Sir,
    I appointed as permanent employee for a private company since 01.5.2011 but they discontinewed from 09.12.2011. They are not paying my salary for last 38 days and some arriers, if i ask for the salary they say because of non-performance we will not give salary. Kindly guide me what legal action I should take against the company to get my salary. Company is in Karnataka.

    Reply
  89. aneesh

    Dear Sir,
    I am working for a private company this company is not paying me salary for 2 months,if i ask for the salary they say because of non-performance we will not give salary.what should i do because same problem my other friends are also facing as salary is on hold,this company is in kerala.
    Help me with right guidance

    Reply
  90. Akhil

    Sir i am working in a private limited company in mumbai, the company is into Management Consultancy business. I want to know what action can i take against the company as the company has not paid the salaries to the employees from last 3 months, also want to know the remidy for employees who had signed a appointed letter which includes a clause that the employees has to give 3 months prior notice for resigning. As the company is not able to pay the salary dues, there is no meaning in staying in the company for more 3 months and unnecessarily accumualate the salary. sir please help on the issue

    Reply
  91. NILKESH GOHIL

    Dear Sir, I have not get salary from last two months, i working in FIITJEE LTD. company, the have done some fack commitments to the employee for released salary, but they hade not released yet. Oct., 2011 & Nov., 2011 salary has been not given by employer. what should i do against them. kindly advise.

    Reply
  92. NILKESH GOHIL

    Dear Sir,

    I have get salary from last two months, i working in FIITJEE LTD. company, the have done some fack commitments to the employee for released salary, but they hade not released yet. Oct., 2011 & Nov., 2011 salary has been not given by employer. what should i do against them. kindly advise.

    Reply
  93. Sayed Saleem Ashraf Jilani

    R/sir
    I was working in Jaihind Projects Limited at BCPL ASSAM Site firm that takes pipelaying construction work in Oil & Gas piping Projects From GAIL and HP,NTPC AND others client.
    there my basic was 4600/- & no TA DA & PF now i resign it because they take work from me 14 hrs daily & some times in night shift. Now they not give me full & final settlement amt & releaving letter, what will I do, plz help me & tell me on my Mail.

    Reply
  94. srikanth

    sir i joined in aug2011 in a small sclae pharma pvt company in nagpur and they offered me 5.2lac per annum ctc in that medical and lta is 40 thousandn and 1 lack rupee is perfromance allowance for hole year and they sended me offerletter through emai. is email is legal. and whether their is rule or act that i should get that 1 lac rupee which is performance allowance in ther year ending. is their chances to get full amount.
    if i not got that full ctc amount can i put case againt company in labour court.
    please help me and provide me proper guidlines.
    thank and regards
    D.srikanth sarma
    nagpur

    Reply
  95. makarand

    Dear sir/mam,

    I was working with a small interior design firm in pune, for 3 months. and i had been told that we will be merging in pvt.ltd. in a month. But as i observed there was constant mental & salary harassment from the both bosses. we never use to get on time salary plus they use to cut the salary for 5 to 7 minutes late, but at the same time they never use to consider the over time working of every employee.
    The height of the story- we were not given Diwali bonus or advance salary for this(Oct.2011) Diwali. Instead there will be deductions in salary because of Diwali leaves.
    So due to mental & economical harassment i resigned from 1st Nov.11
    And now when I am asking for my Oct. months salary they are making stories & refusing it. I really feel stupid for my decision to join in small firm.(previously i was working with future group company)
    Is there any thing I can do to get my salary & help the other employees too?

    Reply
  96. Sahil

    Dear admin
    i nee ur help. Actualy, u have heard abt muthoot finance co. There a security gaurd open firied at 4 employee nd in which 3 are dead nd one is alive nd i m in relation of employee who is alive.sir, i want to know what compention would she legaly get from co. As her completly body is damaged.

    Reply
  97. sunil kumar

    dear sir i m working in a psu co. i signed a bond of 3 years service for 1 lac rs. Now i m leaving co after 2.5and co ask me to pay total 1 lac rs. i asked them to reduce the bond amount as i served 2.5 year but they said it is for 3 year as and dnt reduce with time. is there any law regarding bond amount decreases as duration of services increases. imean to say that bond amount is decremental with time or not

    Reply
  98. sumeet

    my brother is working in pvt. ltd. company and they are imposing the bond period of 5years.so my question is ,,,,is there no boundation over the bond period which a can company can impose over its employee who joined as a freshser????

    Reply
  99. Om Prakash Bishnoi

    R/sir
    my name is Om Prakash Bishnoi am an emplyee of an india bulls financial services ltd. in this company my salary package is 1,50000,/- rs per anaum from Nov 2007 . there is no t.a. and d.a. and h.r.a. include in this salary . And the diduction of p.f. is 550/- rs per month .i recived only 11950/- rs per month in my hand.and company give me two increments in 4 year and then my salary package is 178900 in the month of DEC 2010.but my collection head is stopped my Oct 2010 salary for any reason but
    Nov 2010 salary is also come.i am trying to solve my problem.from my company Head.they asked me you completed your work salary is come in next month.and i
    have also done my job as a Collection Officer in Bikaner Branch ..
    suddenly Company HR Dep.say to me in july 2011 kindly sign your exit form and take 2 month salary and relive your duty.
    now i am trying last 3 months
    company did not send me any notice..but i have been sent also 2 notice for my problem
    kindly suggest me the right way
    in this matter i have a problem and the problem is as under-

    1- one month salary 14500
    2- my due salary is OCT 2010,DEC2010 & JAN 2011 TO July 2011
    for employee.and if it is not a correct system then what can i do in my future for myself and other employee of this company.
    kindly look this matter and do the need full as soon as possible

    Thanking you
    your; faithfully
    Om Prakash Bishnoi
    mob no- 098280-24870
    Email- omibishnoi@rediffmail.com

    Reply
  100. Mahesh kumar Ojha

    R/sir
    I was working in Limited firm that makes plastic bags & import it
    there my basic was 4600/- & no TA DA & PF now i resign it because they take work from me 10 hrs daily & some times in night shift. Now they not give me full & final settlement amt & releaving letter, what will I do, plz help me & tell me on my Mail.

    Reply
  101. vinay kumar pandey

    R/sir
    my name is vinay kumar pandey i am an emplyee of an india limited company. in this company my basic salary is 6240/- rs per month from april 2011 . there is no t.a. and d.a. and h.r.a. include in this salary .The total salary (6240) is basic salary. And the diduction of p.f. is 749/- rs per month .i recived only 5491/- rs per month in my hand. in this matter i have a problem and the problem is as under-

    1- the total salary ( basic salary) 6240/- rs is grater than in hand salary 5491/-s.
    2- T he basic salary 6240/- rs is grater than in hand salary 5491/- rs
    In this case i want to know that this type of salary system is correct or not bccause in this case the basic salary is grater than the total net payble(in hand ) salary . If this type of salary system is correct for a company that’s it is very good and if not then it is very harmfull for emplyee.and if it is not a correct system then what can i do in my future for myself and other emplyee of this company.
    kindly look this matter and do the need fuul as soon as possible

    thanking you
    your; faithfully
    vinay kumar pandey
    mob no- 09335359904, Email- vin.pbh@gmail.com

    Reply
  102. michael

    respected sir,
    i have been working for a bpo for the past 6 months. this bpo have been outsourcing work from a billion dollar us clients. and have been working without providing any salary receipt or pf for the employees. And the company have not put out display their company name outside . when asked owner of the company says some formalities needed to be completed but he has been saying this for the past 6 months. i am pretty much sure the company is not registered properly and their is some significant tax evasion going on. i have resigned but i would like to know were to complain and wat procedures are to be followed to register my complaints. this company is a BPO in kerala.

    Reply
  103. amrit saxena

    Can a pvt ltd co. continue to run for 5 years only by keeping the same staff on contracts. Does such a staff have the similar rights as that of permanent employees. Whom is a pvt ltd co. supposed to give earn leave a contract employee, a permanent employee or both.

    Reply
  104. Anshul Malpani

    Dear Sir/Mam,

    I’ve joined Axat Technologies Pvt. Ltd. Registered address: Office No. 17, Evershine Mall, Link Road, Malad West, Mumbai, on 14th April 2011, and resigned the company providing the due notice of 25 days on 22nd june due to personal reasons. He accepted my resignation with the due notice period. As per the agreement the notice was to be paid for 2 months or salary in turn. The Owner of the company Mr. Malay Pankhania asked me to leave on 7th July 2011 itself from his side.

    He didn’t pay me the salary for the month of June and 7 days in July. When i called him either he is not picking up my call or postponing the date of giving me the settlement. Its already more than 2 months I left the organization, but yet I didn’t receive my final settlement. He also deducted the variable amount of 10% from my salary which he is not deducting from any other employee’s salary. which is not proper as per the HR policies. which should be payable on leaving the organization. Kindly suggest what can I do in this case as my salary come near 29,000, after all deductions that he mentioned in the appointment letter. I’m even paying him the basic of 1 month in turn of notice period, after that my salary comes to this amount.

    Reply
  105. GK

    I was working with a Cement manufacturing based company as a Asst. Manager. i resigned with notice period but they had relived after 06.5 months. its about one and half year to left the company. several time contact them and mail/registered letter AD them. now they are writing to me that after project under revival, successful revitalization of the project they may release eligible amount, if any and they had not issued me any full & final settlement and other Dues, also not issued me Salary slip for 06 months.
    Please let me know the how to get the salary for 02 months and other due.

    Reply
  106. Roopika

    I have been terminated from PC CARE 247 BPO technical support for the reason Non productive as I had been working with last 5 months. I asked the reason so they said I did not perform all 5 months… I said you should give me a warning for the performance. But they terminated me.. Although , The company does not pay on time salary. They delays more than 1 month. How can I sue that company ? How can I take legally action for my rights ? I was the top performer in the technical support for all 5 months but they terminated me. Please help me.

    Reply
  107. Rajesh

    Dear Sir,
    I am working in Pharma company hear we are facing lot of problem in this company.
    The Management is not issuing proper increment & Bonus for the employee.
    if we ask increment after 1 year the management is not giving proper response there is no rules to increase the monthly Salary for employee.We ll work nearly 10 to 11 hours per day then also there are telling no performance the company turnover per month nearly 8.9 cores .but the employees are getting only 3.5 thousand salary 8 thousand salary. please suggest me …..

    Reply
  108. Ram

    I am working in one IT company as System Engg.As per mention on offer later they provided the salary to me(like 13K gross & 12K in hand) but they deduct more than one thousand rupees and only 11K came in hand.I ask to my TL,PM,HR but no one give proper reason.
    Please suggest what can I do

    Reply
  109. BINOD

    Dear Sir/Mam,
    This is Binod had working a Private limited company since March 2011 , I left the company as per company rule with 1 month notice period and signed by Hr manager but the company has not paid my full and final they are harrashing me from Month March to till now Pls confirm me what action can take to recovery my payment..

    Reply
  110. SRIVIGNESH

    DEAR SIR,

    MY FATHER IS BEEN REMOVED FROM SERVICE (COTTON CORPORATION OF INDIA)DUE TO ILLEGAL PRACTISE OF SEED PURCHASE AND SELL..BUT PRIVATE TRADERS FILLED A COMPLAINT OVER HIM.AS.AN ACCUSE.BECAUSE HE IS BEEN A COOTON PURCHASE INCHARGE BY THAT TIME..BUT HE HAS’NT PERFORMED SUCH A PRACTISE.INFRMD TO A LOSS OF 8 LAKHS.LATER CASE TOOK OVER FOR 10YRS..FINALLY COME TO THE TRUTH THAT THERE IS NO ANY PROOF OF ACCUSING MY FATHER..HE IS NOT IN A WORK FOR ABOUT 10YRS…AS THE COTTON CORPORATION OF INDIA REMOVED FROM HIM IN THE SERVICE WITHOUT ANY VALID PROOF..MY FAMILY MEMBERS WERE REALLY IN A BAD CONDITION AS MY FATHER HAS NO JOB FOR ABT 10YRS..KINDLY PROVIDE US A INFO REGARDING ANY BENEFITS CAN BE CLAIMED BY US…SUFFER ABT 10YRS DUE TO THIS ACTIVITY WHICH IS UNREASONABLE ACTIVITY ..PLS SMNE POST US A GOOD CMNTS..PLS

    Reply
  111. satish baranwal

    I would answer solutions to similar issues . Rightnow I donot which querry I should answer and how , there is no column for responding to the querries.
    Satish Baranwal

    Reply
  112. shashi singh

    Dear sir,
    I am currently working in a KPO as system engineer. When I joined the company the notice period was only two month and during middle of my employment they changed notice period 3 Month Now I resigned for the company due to better opportunity and i m giving one month notice and two month salary but they are Not reliving me one time
    So can u suggest me what should I do ,or can i take a legal action against company

    Reply
  113. Anita Bhandari

    Respected Sir / Madam,

    My husband was died on 23-07-10.

    He was working in the logistic firm since 2005 but till date we have not receive any benefit from his company.

    PF /ESI was not deducted by his company in this case can we take any benefit from the company or not.

    If yes, Can you suggest me what kind of action I can taken against company.

    We are very grateful to you if you resolve my queries.

    Regards

    Anita

    Reply
  114. Kanika Sareen

    I worked with private bank for 2 year. I resigned & served a notice period of 24 days. For remaining 7 days i have adjusted my salary.

    After 10months of follow up bank has declined my request for relieving letter. They have settled my PF also.

    Is there any way i can ask for my relieving letter

    Reply
  115. Amit Jain

    I was working with a renowned real estate company in ghaziabad as a IT Manager. i resigned and give approx 24 days notice period and replacement on my post. its about one year to left the company. several time contact them and mail/fax them. now they are refusing paying my full and final satelment

    Reply
  116. SHALEN

    Vikram is a trade union leader with fifteen years of experience in a motor parts manufacturing factory. One of the laborer’s in the factory met with an accident while on duty. What will be the different means by which he will ensure that the laborer is well compensated for the work-related injury?

    Reply
  117. P. Haramohan

    All Labour related legislations in India speak with vehemence towards the Employers. This attitude is very IDEAL in the eyes of law to protect the the Labour class which remains in the bottomline of the present Indian society . When the Law was framed majority of labourers were illiterate and present day active media was never present to create a state of awareness amongst the common man .With Globalisation in Industry & corporates in India, the Labour laws in india needs to be suitably modified to serve the real need of the day.
    Thanx & regards

    Reply
  118. Manian

    I am currently doing a project for one electronic indsutry in Noida. I need to know various activities related to labour cost, benefts, rules and regulations, law related to their foods, intervals, OT benefits, etc. Can you elighten about this in detail ?

    Regards

    Reply
  119. CJG

    I retired from a CPSU namely Mazagon Docks Ltd. Mumbai on 31.12.2008 as a Supervisor. Many PSU’s have enhanced their gratuity to Rs.10 lakhs w.e.f. 01.01.2007 and have even paid their retirees whereas we still eagerly await to receive the balance arrears of Rs.6.5 lakhs minus the taxation of almost about Rs.2 lakhs. Can anyone help in this regard?

    Reply
  120. Srinivas Rao

    Dear Sir,

    I am currently working for a multinational company as software engineer. When I joined the company the notice period was only one month and during middle of my employment they forcefully took the signature on 3 months notice period bond. No I resigned for the company due to better opportunity out side and just wondering

    1) What is the legal validity of 3 months notice period they forcefully applied.

    2) What happens to the leaves that still I have.

    Thanks,

    Srinivas Rao

    Reply
    • Praveen Kumar

      Hi Srinivas,

      I am exactly in the same situation. Can you please let me know if you found any remedy to it. will you be able to share with me.

      Regards,
      Praveen

      Reply
  121. kailash nath saran

    Dear sir
    my father woked in centeral gvermant(CTI) and he riterd in 1995 on that time his sevice is not joint he worked in two and haf year from up goverment.
    he also got order of lucknow high court order in 2000. after this he died in 16 jan 2000. i give time to time later to CTI. but some clerk are jevilos him. so
    they were not joind his service perioud. now i want know a long perioud what shall my mother do with legal way.
    thank u.

    Reply
  122. raj

    hi,
    Would appreciate if someone can help me in the following matter. I was working with a private software company in bangalore. As per the employment agreement, it said i have to serve 2 months notice period. It also mentioned that reliving would be subject to proper handover of ongoing tasks during the so said notice period. After i put down my papers saying i will serve 2 months notice period, my manager replied saying we cannot relieve you. Mail said it would ideally take one year to complete the tasks however i need to work for at least 6 months to complete the tasks and then i can be relieved. i replied saying 6 months is not realistic and will server notice period as mentioned in my agreement. I accordingly served for 2 months plus 2 extra days. However they did not give my releiving letter and also did not pay for 2 months. Currently i have been following them but there is no positive reply. Can anyone pls tell if labour law applies for software company employees? One lawyer whom i met said it applies to only people with low income. for me i have to go to civil court. Thanks in advance any help in this regard.

    Reply
  123. ramrajesh

    dear sir, iam working in construction company annually my company giving 12 CL only how many leaves we expect as per labor law ? plz i want to know sir.

    Ramrajesh

    Reply
  124. sripriya

    Dear Sir,

    Iam sripriya. Im working in Public Limited Company from last 2 years & 6 months Now iam carrying 8 months. I am drawing 15000/-
    per month. i dont have ESI facility.

    So, How many days maternity leaves & salary from My COmpany.

    Pl kindly revert.

    Regards
    K Sripriya

    Reply
  125. Vaibhav

    hi….
    i am working in a logistics company from last 4 and half month i.e i am on probation… & now i have got an excellent opportunity to work in another organization so i am resigning from the company and given just 15 days notice but the company is not relieving me and they want 30 days notice.

    I wanted to know as per labor law how much notice period is required for an probationer? pls reply soon

    Reply
  126. Jiten

    Hi,

    My Name is Jiten and currently I am working in Software giant.As per my offer letter ,my probation period is 1 yr and my notice period is 1 month until i get confirmation mail or my probation period is over.
    I have resigned after 11 months and I didnt receive any mail from any one saying that I am confirmed with the organisation.
    I resigned on 29 Sept at 5 pm but after 2 hrs after that My manager sent a mail to me deliberately and asked me to serve 3 months but 3 months is not applicable as I resigned before confirmation.
    Now he is harassing me unnecessarily and I am following up with him and he is telling this is HR issue but when I spoke to HR thn thay are telling discuss with ur manager and sort out.

    I seek someone advise on this as manager is not responding anything.So,wht action I can take and how this can be sorted out.
    Do we have any policy in indian labor law regarding the employee confirmation and separation.
    Please help me out in this mess.

    Thanks
    Jiten

    Reply
  127. Neha Bhatia

    Dear Sir,
    I am a fresher Company Secretary, need help from your side.I have been given an assignment on Economic And Labour Laws applicable to our organisation, which deals in Real Estate and Construction.
    Please take into account. I am eagerly waiting for your reply.

    Thanks & Regrds,
    Neha Bhatia
    nehabhatianb@yahoo.in

    Reply
  128. brighton

    Dear Sir,

    i had gone to a corporative bank asking them for a loan for our workers at the factory, they put a clause saying that if a loan is give to the workers then at the time of their leaving the organization has to give a cheque in the name of the bank – account number of the employee and the name of the employee ( in this case the FnF will have to be deposited in that particular bank.

    is this process legal – if yes or no is there any rule or section pertaining to this.

    please help

    Reply
  129. Ramesh

    Dear Sir,
    Subject: My Pending settlement money from Saudi Arabia Company

    I am Krishnan Ramesh holding the Indian passport of E-5754756 & my residence address is B-16, Bird Street, Block-12, Neyveli-607803, Tamilnadu.
    I was worked more than three years (May 2006 – August 2009) at Saudi Aramco Oil Company in Saudi Arabia with my VISA Sponsor through H.A.Husseini & Partners Trading & Inspection Company (HAINSCO, C.R 2051017447) & my job title was Mechanical / Welding Inspector.
    After completed my end of contract in during last year September my company (HAINSCO) would have to pay my settlement amount of Saudi Riyal 69,944 (Indian Money about Rs 8, 75,000). But that time my company didn’t pay my settlement & they said that at the movement we don’t have the money in our company & we were waiting some amount due from other companies, so you wait some time we will pay after we receive the money, Accordingly I was waiting with my family more than a month after completed my contract with my company in Saudi Arabia for my settlement amount & finally they said that still we don’t receive the money so you go India now & very soon we will transfer your settlement amount to your Bank Account. that time from my side I don’t have sufficient money to manage with my family in Saudi Arabia also I had all the documents proof for my settlement due from my company, so I had left Saudi Arabia on last September 2009.
    After reached India I had contact them by several mails & phones but no response from their side & finally I had realized about my company they don’t like to pay my settlement & they are cheating me. After that I had contact Saudi Arabia Indian Embassy & I was sent all my supporting documents to them for their reference as per the embassy requested me. Then during last February Saudi Indian embassy had filed (My case number of: RIY /CW /235/4/2010(87)) my complaint & sent me the copy of letter which one they had send to my company regarding my issue. But for that latter also my company not responded,
    Mean time last may I had receive one more letter from Saudi Indian embassy & they advised me to keep separate lawyer to deal my problem. For your reference here I have attached some documents.
    Please go through & let me know
    is it possible to file a case in indian court against my saudi company to get my settlement ? Thank you

    Reply
  130. rakesh

    DEAR SIR,
    I AM WORKING IN PSU FROM LAST TWO YEARS, MY PROBATION PERIOD IS OVER. BUT I AM NOT CONFIRMED YET.BUT I NEVER RECIEVED
    ANY EXTENTION OF PROBATION.ON CONFIRMATION I MAY RECIEVE BENEFIT OF 2500 PER MONTH . KINDLY TELL ME MAY I BE CONFIRMED FROM PREVIOUS DATE AND AND WILL I GET MY ALL BENEFITS FROM RETROSPECTARY AND HOW?. KINDLY GUIDE.

    Reply
  131. N.RAVINDER REDDY

    Respected sir, i was worked in Marine and Communication Electronics (india) limited(a unit of apidc and ap govt) ,auto nagar,visakhapatnam. as tradesman(an electronic technician) the organisation was declared as sick industry in 1995. till to day the
    the gout of ap was not given alternative employment and compensation. please advise me as per the constitution i am eligible to ask alternative govt employment. or not.
    thanking you sir

    Reply
  132. Supreet

    I work for a public ltd co. My CTC is Rs.100000/pm.
    Currently my BASIC salary component is Rs.22000/pm.
    Is there any rule to define/arrive at a BASIC salary, as other factors are linked with this?
    Simply how much should be a BASIC Salary of CTC?

    Thanks
    SS

    Reply
  133. Abhay

    Hi,

    I am currently working in a software company in Bangalore, the notice period at the time of joining and that the time of me resigning was 3 months, but now i am given more work and asked to complete it and then leave, it will take atleast 2-3 months to complete the work. My question is if the company policy says notice period as 3 months, is it possible to extended more than that????

    Reply
    • Alim

      No the notice period can’t be extendable if you have not taken any leave in the notice period.

      Regards,
      Alim

      Reply
  134. kumar

    dear sir,
    i am working in leading logisticts company i had been working from since 8months, last month company did a increment to all employees except below 1year so should i question to organsitation.
    And in my appointment letter had mentioned after 6months we will ge a confirmation letter (its depends upon management) and till date pf not deducting so above all this how should i approach my organisation/company.
    please guide me thank u

    Reply
  135. Sanjay

    Dear sir,

    I have signed a temporary subcontractor agreement with a agency for six month. that agency have mentioned the client name in the agreement is (Big CMMI level 5 Company). When i went their and joined them. that agency called me and said know need to disclose their name to the company, actually you are through some other company and they have provided contact details of other company through which i have joined the CMMI 5 company, then i understand that my agency and the other company is running this through mutual understanding. from the same date i was in big dilemma what should i do to save my job i was calmly doing my work with CMMI-5 company. After 5th month they were very happy with my performance and they absorb me as a permanent employee with paying the second company fees. Now my problem starts, till 5th month i was sending all my time sheet approvals to second company and my payment was coming from the first agency. Now there is some problem with second company and my agency, and my agency is refuse to pay my last month payment. saying second company have not paid us. When i forcefully demand for my payment they threatening me that they will complain to CMMI-5 company that i can not join them without their clearance. (Even I understand my agency have falsely mentioned CMMI company name in my agreement latter but they have no such agreement with CMMI company.). And second company is saying we have made your payment to your agency so you can take your payment from them.

    Please suggest me On the basis of that false contract my agency can harm me working as a permanent employee of CMMI Company. And how can I take my due payment from that agency.
    What legal action can I take against them for my due payment, without loosing my permanent job?

    Reply
  136. Benjamin

    Does Indian Labor act permits employees should submit certificate to employers. My Employer is demanding for educational certificate as assurance to the company. If yes can you explain the documentation i have to get from my employer. Wanted to understand the stand of the same. Can some one help me in this regard. Thanks

    Reply
    • Sanjay

      you can submit xerox no need to submit orignals …. otherwise they will ditch u at the time you will require the most..

      Reply
  137. Srinivasa Reddy

    Hello Sir/Madam,

    I was working with an Company in Bangalore and I got relieved on March 25th 2010, and the final settlement was about to completed after 90 days of my relieved date. My concern is still iam didn’t received my final settlement with my previous employee and if I approach them for final settlement, they use to skip every month to month.

    Kindly I need assistance for the same, how to deal with this situation and Iam planning to go with LAW.

    Reply
  138. Sabareesh

    Sir,

    I was working in an IT company for 2.8 yrs, singing a bank guarantee for 3 yrs. When i got better opportunity i consulted my unit HR and en-quired about my bond period. He directed me to close the bank guarantee as the corresponding documents were surrendered to the mentioned bank. Only after closing the deal with the bank i submitted my resignation. My resignation was duly approved and accepted by my manager and served the notice period as per the corporate norms and i received the resignation acceptance letter the day before my last working day. After four months when i asked for full and final settlement (including relieving and experience letter), the HR people are mentioning about my existence of bond. Now my future employment is at stake. Please advice me whether i can file against the company on this regard, if so what measures should i take.

    Thanks

    Reply
  139. Uttam Salunkhe

    I am working for a priviate company for 10 years 6 month. Now my boss is asking me to leave the job and saying there is no business and I cannot pay. What are the compensation I should get and ask him

    Reply
  140. Subhankar

    Dear Rajesh,

    I have been denied payout of my annual performance linked incentive as i was not a part of the organisation on the date of disbursement. I left the company 25 days prior to the date of disbursement after repeated assurances from the CEO and Head HR that APLI is based on the financial year and it cannot be stopped. i had completed my appraisals as well.My letter of association does not mention this clause. can i seek legal help to obtain my rightful claim ? this is a pvt limited company.

    Reply
  141. Ratnesh Sinha

    Dear Sir,

    i am working in last 3 years in a LIMITED COMPANY from 1.05.2010 to 12.06.2010. my last withdrawn salary is Rs 10200/- my salary is emempted
    in ESI Or PF. Suddenly one day company decited to Terminate with given any resion.
    So, i am want to how much compensation demand from company. please give the complete breakup for my compesation in the above conditions.

    With regards ,

    Ratnesh Sinha

    Reply
  142. CJG

    It is most unfortunate that we the retirees of Central GOVT. CPSU’s working under the guidelines of the DPE have come in for a rude shock. The Govt. initially approved the 2nd pay revision on 26.11.2008 by approving the enhanced gratuity of Rs.10 lakhs w.e.f. 01.01.2007. What made them change their minds? If the 6th CPC gratuity is to be implemented from 01.01.2006, then why this step motherly treatment to us? Are’nt we paying the same taxes as them? Hon. PM and FM, please look into this aspect as we have become easy targets and have lost out on Rs.6.5 lakhs which we were eagerly looking forward to.

    Reply
  143. PUSHPAKARAN

    I would like to know a querry that my daughter joined Muthoot finance(Banglore) George group with one year Bond but after marriage due to ill health she is not able to continue and she has rendered her resignation with 2 months notice. But they are asking her to pay Rs.15000 to relieve her and give back the original SSLC book retained by them. Pls adv me whether it is legal after giving 2 months notice also and the bank is not giving any detailed letter as to how they arrived at this amount. Pls publish in maximum possible media so that MUTHOOT BANK should not black mail the masses.

    thanks

    Reply
  144. Rajesh Upadhyay

    I joined FUJIFILM India Pvt. Ltd. on 7th December 2009 as an outsourced employee. I was on the pay rolls of Caliber HR. FUJI’s office at Janak Puri does not have basic amenities (Urinal, drinking water). I resigned from their office on 13.5.2010 and also handed over all belongings to my immediate supervisor. My supervisor Mr.Sameer didn’t accepted my resignation and also threatened of dior consequences as he didn’t wanted me to resign. He threatened me to ruin my career and trap in a fraudulent case. Now when he has accepted my resignation he wants me to serve for a notice period of 30 days, whereas I want immediate relieving. In these circumstances insecured in serving notice period as he can frame me in a fraudulent case.
    I am ready to pay for not serving the notice period.
    Can my salary be adjusted against those days which I have served i.e. 12 days of May 2010 and other pending bills. Balance amount for notice period can be paid to FUJI/Caliber HR?
    What legal rights I have or I can exercise, they are threatening me to go legally if I do not serve notice period?

    Kindly help and suggest, what to do?

    Rajesh Upadhyay

    Reply
  145. Ravi

    Dear Sir,

    My employee has in contract that my notice period is 3 Months to leave the company. I have urgent need to leave it within a month and am ready to for buy out.

    They do not want to release me. Please help.

    Ravi

    Reply
  146. kaushik

    Dear Sir,
    I am Working in Privat LIfe Insurance company in gujarat and i am asked to Resign as the company is entering in to cost cutting.
    They are also threating me that if i do not resing they will terminate me from the services and my future will be spoiled.
    I have been working with last 35 month s with this company.
    can you pls guide me what legal course should i take in case they are terminating me.

    Thanks and regards,
    Kaushik.

    Reply
  147. anil gupta

    dear sir

    i m working in SAIL

    here is one union is function 1977, the registration of the above union was cancelled by registrar of trade union above 20 years, and a new Trade Union has been registered under the Indian Trade Unions Act 1926 in March 2010.

    SAIL Management and cancelled Union’s Office Bearers is taking decision against the interest of Employees.

    sir, i m asking u management have wright to barganing cancelled Union’s Office Bearers. when here is one recognised union.

    what a Act says in this matter.

    anil gupta

    Reply
    • Sanjay S

      Dear Mr.Gupta,

      You can raise a dispute under Industrial Disputes Act with Asst.Labour Commissioner indicating that the so-called Union does not enjoysupport o fthe workers.

      Reply
  148. Sree Hari

    Hi,

    One of friend works in Software Company, while joining he was been told as 1 month notice period(2 years back)(specified in offer letter)
    now company has changed the policy notice period has been made to 3 months. with out any written or employees approval.

    now he wants to leave company, but comapany is not ready to relive him before 3 months..

    i would like to know wheather we can we go for legal proceedings..

    can you please let us know regarding this.

    Reply
  149. Mukesh & others

    Hi,

    We are working with one group of companies (Firms & Pvt. Ltd. Cos) in Bombay. We are in Head Office & drawing salaries ranging from 10,000 to 50,000 p.m. At present we do not have any bifurcation of salary structure into Basic, DA, HRA, Conveyance etc. However now our management wants to do break-up of our salary keeing total amount untouch. We are working since ten years. We don not gets holiday on any saturday as others are enjoying.

    Will anybody will guide us whether it shall be favourable to us or not?
    What Shall be impact on our Gratuity, PF, Leave Salary?
    Further pls tell us about how much paid leave we should get & what should be the calculation for the same.

    Which Act, Rules shall be applicable to us.

    Pls guide us, we are in DARK.

    REGARDS

    Mukesh & Others.

    Reply
    • Dashrath

      Mukesh,

      My dear friend it is very lenthy procedure .But your organisation will not except . If you go through PF rule & Gratuity act it is difficult stil
      Salary Brekup Example.

      10,000/-
      BASIC 3500/- 12% PF(Basic + DA ) 540 employee contribution+ same employer ( please go through Wages act )
      D.A 1000/- (This figure has to be change every 6 month as per Govt decide )
      HRA 1000/ Lumsum figure ( Every increment 5%add in Hra on Basic + Da
      Education allow 2000 Lumsum Figure
      Conven. 1000/-
      M.H.A 0
      AP/OTHER 1500/-

      Baic is very important this figure is play very important role in CTC OR Compnay CTC

      Reply
  150. Amit

    I have a query regarding death depended job. My father was in a govt job and he died during his job. I have a sister and she is unmarried. I am having a good job in private sector. Can my sister get a job in place of him? She fulfills all the educational requirement.

    Reply
  151. amar sharma

    Hi,

    One of my relative is working in following company

    RAJSHANTI METALS PRIVATE LIMITED

    Address :
    B-42, G.I.D.C., Shankar Tekari,
    P.B. No. 705, JAMNAGAR – 361004,(GUJARAT)

    ** This company taking more than 10 hrs work from employee.
    ** they are not giving salary slip to employee
    ** Even in this company they are taking 10+ hrs (8:30 AM to 6:15 PM is office hours) from ladies emp.

    I’d request some one from labor department to action against this company because there should be human values .

    Reply
      • prithviraj

        friend
        they can move an application to labour commisssioners office at district place,or can rise an dispute in Labour Court.

        Reply
  152. yash kamthan

    The information is very good on this website. Specially the case studies and the free judegement of high court are very helpful.

    If a company did not want to take labour license or registration, but hiring through agencies for every work. then can it be possible. The company is showing that it is not having any labour as staff but only highly skilled people are there. Now in this case what can be done?

    Please help in this matter.

    regards,
    yash

    Reply
  153. dheeraj upadhyay

    hi,
    my name is dheeraj upadhyay & i have worked with an organization(specially a Leading B.P.O.) for 3 months.
    i have joined the company on may 2009 & left on aug 17, 2009.
    now the problem is that the company is deniying to pay my last month salary(working days 22), i requasted to the authority(H.R.dept.) that there was some problem at my native place, due to some reason i could not able to inform them, can i take any furthur legal action against the employer regarding my working days salary?
    please help me out about this situation?

    Reply
    • Dashrath

      Dheeraj

      3 Month is your probation Period .

      Please read your offer latter what is term & Condition .

      Reply
  154. Prof P.K.Pattnaik

    Mr Rajesh
    Greetings. I found your write up to be very informative. The first part of your writing needs slight modification. Please do not insert your text in italics it gives visual pain.Little bit of case law from SC will enrich your writing
    I congratulate you for your effort. Keep writing
    Prof P.K.Pattnaik
    Utkal University
    Bhubaneswar

    Reply
  155. rajesh balmiki

    Dear Sir,
    whose liabilities to pay the leave incashment

    Thanks & Regards

    Rajesh Balmiki

    Reply
    • Dashrath

      Rajesh

      Every company have their own policy .

      If you are working continued so you can enjoy your leave .

      If you are leaving the company or resignation or termineted compnay has to pay ur full & final settlement with leave incashment .

      PL is maximum 120
      sl 10
      cl 10

      depand on orhanisation

      Reply

Trackbacks/Pingbacks

  1.  Top Lawyers in America

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>