jpratap

"Greetings Pradeep Manda, Plant and machinery are not to be included in the calculation of labor cess. However, the cost of its installation may be included. Regards, Jacob Pratap Deputy Labour Commissioner, Punjab (Retd.)" ... (more)

"Greetings Rahul ji, The said judgment of Hon’ble Supreme Court is under ID Act and not under Gratuity Act. The provisions of ID Act do not apply to the Gratuity Act. In the said judgment, not even a single word exists mentioning "gratuity". Also, please go to the opening line of your above comment" ... (more)

"Greetings Mohit, Please provide details on how you have calculated the 4 years and 247 days of continuous service." ... (more)

"The Hon’ble Supreme Court, vide its order dated December 15, 2020, in Steel Authority of India Limited vs. Raghbendra Singh & Ors (Special Leave to Appeal No. 11025/2020), has laid down that there does not exist any constraint regarding withholding an employee’s gratuity against the recover" ... (more)

"The solution has already been suggested in my posts in this thread itself. Please go through." ... (more)

"Greetings Barenhr, Gratuity is a statutory right of an employee. They can claim it through Labour Authorities (Controlling Officer under the Payment of Gratuity Act, 1972). Thank you." ... (more)

"Only the Central Government is competent to grant exemption to any employer under Section 6 of the BOCW Cess Act from payment of 1% cess. This section reads as follows: "6. Power to exempt.- Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette" ... (more)

"Reply to Sus_set: The painting of a building, road berms, etc., is 'maintenance' and falls within the meaning of 'building or other construction work' as defined under section 2(d) of the BOCW Act. The Act is applicable to an establishment that employs 10 or more building workers." ... (more)

"Sogemar Ji, But this explanation of yours does not answer the query. It seems that the term 'CTC' is relevant only for the employer for his budgeting purposes. In no way, it inspires any extra motivation in the employee’s mind because he will get these statutory benefits whether the employer write" ... (more)

"Hello everyone. Indeed, writing the word CTC is unnecessarily giving a handle to the Controlling Authority, Appellate Authority of Higher Courts to construe its meaning against the employer. It really does not bring any benefit to him. Maybe he may have to face a hard time to give justifications at differen" ... (more)

"I think employers are using CTC just to make it attractive to their prospective employees. They need not mention CTC because when they do so as an annual package without specifying any other conditions such as per Payment of Gratuity Act, etc., they bind themselves in a specific contract with such a" ... (more)

"Greetings Mr. Ranjan, Answer to your queries is as follows: 1. Cess is not payable on the cost of machinery used in construction. However, the wages paid for the operation of such machinery are included in the cost of construction, and cess is payable on such paid wages. 2. (a) You are required to ge" ... (more)

"Greetings Mr. Pandit, Although I am not a practicing lawyer, yet I feel that the legal position would be somewhat like this:- If you ever witnessed a sale-purchase transaction of a property, like the example you have quoted, you may be knowing that simultaneously the parties also enter into an Agreemen" ... (more)

"Greetings Mr. Madhu, A short reply does not mean it is wrong. It is obvious that other conditions, like having 10 employees, should also be fulfilled. All such conditions are already stated in the replies by other members. Regards" ... (more)

"Under the Indian Contract Act, 1872, a valid contract has three components, i.e., (1) offer, (2) acceptance, and (3) consideration. I think the third part (consideration) is missing in this case. So if the offer is withdrawn by the employer, the party who accepted the offer (employee) might suffer losse" ... (more)