Dear Mr. Harbhajan.
I have come across one issue. We have a branch in Neiveli ( chennai)where we are working for BHEL company. We have hired 25 workers on daily wage and 2 on monthly. Those who are on daily wages are under Neiveli labour License purview.
Now some workers are doing some agitations. But our representative who is on monthly rolls insisting on unofficial negotiations for Full and Final Settlements as we wanted to remove 4 daily wage workers.
Here important issue that even though they are under daily wage, we are paying monthly once in to their bank accounts (no. of days worked * daily wage)..hence it is not a salary but a wage.
Now, it seems local trade union met chennai asst labour commissioner and unauthorizedly made the following issues to follow if we need to remove. Here I have a doubt..whether are they really come under law ? or simply that Labour Commissioner supporting these union ?
Can we oppose this ?
Those points are :
1. we should pay 20 days' leave wages for every 240 days completed.
2. We should pay 15 days pay for every 240 days completed. ( might be gratuity).
3. We should pay Conveyance allowance of Rs. 200 every month for the service they have completed.
4. We should give either one month notice or pay 26 days notice pay amount now itself.
Here we can assume that they have joined on 1.12.06 and working till now.
I have a doubt, if these are daily labour why should we pay bonus, gratuity, leaves salary, conveyance ( no law), and notice pay..?
How to go for argument with that Chennai Labour Commissioner in this regard and how can we support this ?
From India, Visakhapatnam
4I have come across one issue. We have a branch in Neiveli ( chennai)where we are working for BHEL company. We have hired 25 workers on daily wage and 2 on monthly. Those who are on daily wages are under Neiveli labour License purview.
Now some workers are doing some agitations. But our representative who is on monthly rolls insisting on unofficial negotiations for Full and Final Settlements as we wanted to remove 4 daily wage workers.
Here important issue that even though they are under daily wage, we are paying monthly once in to their bank accounts (no. of days worked * daily wage)..hence it is not a salary but a wage.
Now, it seems local trade union met chennai asst labour commissioner and unauthorizedly made the following issues to follow if we need to remove. Here I have a doubt..whether are they really come under law ? or simply that Labour Commissioner supporting these union ?
Can we oppose this ?
Those points are :
1. we should pay 20 days' leave wages for every 240 days completed.
2. We should pay 15 days pay for every 240 days completed. ( might be gratuity).
3. We should pay Conveyance allowance of Rs. 200 every month for the service they have completed.
4. We should give either one month notice or pay 26 days notice pay amount now itself.
Here we can assume that they have joined on 1.12.06 and working till now.
I have a doubt, if these are daily labour why should we pay bonus, gratuity, leaves salary, conveyance ( no law), and notice pay..?
How to go for argument with that Chennai Labour Commissioner in this regard and how can we support this ?
From India, Visakhapatnam
dear
as per factories act they are entitle for 1 leave for 20 days working.so what ever leave comes it has to be encashed.
secondly 15 days pay for every year working as retrenchment compensation not gratuity which is applicable after 5 years of service.
you are not bound to pay conveyance as no law say about it
yes u have to pay one month notice pay if you want to remove them.
these worker will be covered under all labour laws.
in most of the points labour commissioner is correct.
tks
j s malik
From India, Delhi
as per factories act they are entitle for 1 leave for 20 days working.so what ever leave comes it has to be encashed.
secondly 15 days pay for every year working as retrenchment compensation not gratuity which is applicable after 5 years of service.
you are not bound to pay conveyance as no law say about it
yes u have to pay one month notice pay if you want to remove them.
these worker will be covered under all labour laws.
in most of the points labour commissioner is correct.
tks
j s malik
From India, Delhi
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