sambtmir

"I am astonished to learn that a school is indulging in such an unfair and utterly illegal practice of employing teachers. Someone should be bold enough to challenge these practices in the appropriate legal forum or authority to stop these practices. Contractual employment per se is not illegal, but th" ... (more)

"You are entitled to wages for the work done by you for a month. It is not clear under what grounds the employer did not pay your due wages for the work done by you and under what clause of your contract of employment, if any. What was the employer’s reply when you demanded it? However, you ar" ... (more)

"Employment contract is made by the employer and the employee - inter alia with the right of the employer to terminate you vis-a-vis the right of the employee to leave the job, in accordance with the contract, which cannot be one-sided only as otherwise it will be invalid and illegal. However, it is difficul" ... (more)

"Yes, I agree with Mr. Sudhakar. If it is within Rs. 15,000/-. Thanks" ... (more)

"Coverage of the employee is based on paid or payable wages. If "washing Allowance" is not a conditional payment but is payable or paid every month as a condition of service under the contract of employment/agreement, it should be taken into consideration when calculating wages of Rs. 15,000 for coverag" ... (more)

"The employee is a new entrant. What is his probation period? He should not be allowed to go on indulging in breaking the service rules/rules of discipline. He has disobeyed two verbal warnings, which should be followed by a written caution notice advising him to refrain from resorting to these kind" ... (more)

"Could anyone enlighten me, please, as to the form in which the Annual Report should be prepared and the authority to whom it is to be filed under Section 21 of the S.H.W. (PPR) Act, 2013 by the private sector? It is to be submitted to the employer only by the ICC. How does this Act become applicabl" ... (more)

"Washing Allowance - First, its nature of payment is to be decided, and how it is paid every month along with wages following an agreement or contract of service. Depending upon its nature of payment, the coverage of the employee will be determined. If it is not a conditional payment or could not be withdraw" ... (more)

"You are eligible to receive a bonus. Your contract of service, particularly the condition relating to your eligibility to receive a bonus, is contrary to Section 34 of the Payment of Bonus Act, 1965, which will prevail over your contract of service. Thanks, Samir Kr. Bhattacharya HR & IR Consultant" ... (more)

"Request discussion as to whether this decision will adversely impact the "hire and fire" policy followed by IT industries and consequently its competitiveness from a performance point of view, but will ensure job security of the employees in the IT industries. In fine, will this decision be good or ba" ... (more)

"I have already stated the SC decision on Section 17B of the I.D. Act (Payment of full wages to workmen pending proceedings in the higher court). The Labour Court decision needs to be highlighted clearly as to why the employer was to reinstate the employee with the back wages as per its order. While th" ... (more)

"There is a Supreme Court judgment on the status of the last drawn wages received by the workmen during the pendency of the proceeding before the higher courts. Wages received for this period are not to be refunded by the workman if the higher court judgment goes against him. For details, please refe" ... (more)

"I will upload the full text of the H.C. Judgment the moment I could lay my hands on it. Whatever I have uploaded is the gist of the judgment as it appeared in The Telegraph Metro on Wednesday, 20th January 2016. Honorable Justice Ashok Kumar Dasadhikar of Calcutta High Court ruled, "Employees of housin" ... (more)

"Efforts are underway to obtain the full text of the judgment, which will be uploaded for the information of all those interested. It holds academic value and is relevant to management-union relations, a dynamic that is gradually giving way to relations between individual employees and management, particularl" ... (more)

"Forming associations or unions is one of the Fundamental Rights of citizens of India under Article 19(1)(c) of the Indian Constitution. What is the impact of the High Court decision on this right of the Indian employees/workmen? Are they barred from forming unions in non-profit establishments or NGO" ... (more)