Businesses registered under Shops and Establishment Acts are supposed to display their registration certificate in the office prominently.
If employer has lesser than 10 employees they can be out of PF net and MB net also.
Employers play all these tricks as these social security enactments punch a hole in their finances.
It becomes difficult in such cases to prove and fight the company legally.
From India, Pune
3131If employer has lesser than 10 employees they can be out of PF net and MB net also.
Employers play all these tricks as these social security enactments punch a hole in their finances.
It becomes difficult in such cases to prove and fight the company legally.
From India, Pune
Hello Nathrao Sir,
Agree to what you say. However, in the contract, there is a clause which says one month notice period is required from either side before terminating employment. However, employer has not given any notice period and asked employee not to come to office from a week after that. In that case, I believe it is a breach of contract. Even if MB Act and PF is not applicable, this should be applicable. The employer has not given a termination letter and employee has not submitted a resignation letter where the employee was advised to submit a back dated resignation letter. In this case, as per the contract, the employer is liable to pay a month's salary right? Any legal validity in this case. So is it better to claim this instead of MB which as per your opinion would be tricks played by employers
From India, Pune
Agree to what you say. However, in the contract, there is a clause which says one month notice period is required from either side before terminating employment. However, employer has not given any notice period and asked employee not to come to office from a week after that. In that case, I believe it is a breach of contract. Even if MB Act and PF is not applicable, this should be applicable. The employer has not given a termination letter and employee has not submitted a resignation letter where the employee was advised to submit a back dated resignation letter. In this case, as per the contract, the employer is liable to pay a month's salary right? Any legal validity in this case. So is it better to claim this instead of MB which as per your opinion would be tricks played by employers
From India, Pune
Breach of contract is a civil offence and civil cases take time.Employer is taking advantage of the delays in justice.
If employee has to give one month notice, employer also has to give one month notice or pay before terminating an services of employee.From what you said about the notice period you have a case to fight.
Whether it is practical to fight is another question.
So think of all angles before any action is taken.
From India, Pune
If employee has to give one month notice, employer also has to give one month notice or pay before terminating an services of employee.From what you said about the notice period you have a case to fight.
Whether it is practical to fight is another question.
So think of all angles before any action is taken.
From India, Pune
Dear colleague,
The question being asked is whether M. B. Act continues to apply after the strength has fallen below 10. The answer is yes, it applies.
Whether the institution is registered under the Shops Act or not , you can check in the office of Municipal corp. Office dealing with registration.
I suggest you have a strong case for getting benefits under M.B.Act and under terms of appointment / contract letter.
I suggest you send legal notice drafted by competent Labour Lawyer demanding
M B. benefits after briefing him all the facts of the case revealed in your post.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
The question being asked is whether M. B. Act continues to apply after the strength has fallen below 10. The answer is yes, it applies.
Whether the institution is registered under the Shops Act or not , you can check in the office of Municipal corp. Office dealing with registration.
I suggest you have a strong case for getting benefits under M.B.Act and under terms of appointment / contract letter.
I suggest you send legal notice drafted by competent Labour Lawyer demanding
M B. benefits after briefing him all the facts of the case revealed in your post.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
In the Philippines, it is unlawful to terminate a pregnant female employee.
There are 5 just causes for terminating the employer-employee relationship, which are:
1) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
2) Gross and habitual neglect by the employee of his duties
3) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;
4) Commission of a crime or offense by the employee against the person of his employer or any
immediate member of his family or his duly authorized representatives; and
5) Other causes analogous to the foregoing.
Remember, the burden of proof is always on the employer's end.
From Philippines
There are 5 just causes for terminating the employer-employee relationship, which are:
1) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
2) Gross and habitual neglect by the employee of his duties
3) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;
4) Commission of a crime or offense by the employee against the person of his employer or any
immediate member of his family or his duly authorized representatives; and
5) Other causes analogous to the foregoing.
Remember, the burden of proof is always on the employer's end.
From Philippines
Yes
Your Boss deserves PUNISHMENTS.Removal of temporary or permanent employee during. Pregnancy time to avoid free leavepay. For maternity..
This shows cruelty and unfair labour practices of that selfish fellow..
Bring him to local labour dept.Authority court....So you are advised to file a complaint in the local labour office...
Tell the details during joint meeting..
All the best.. the job will be protected...The order for removal can't be in force...
He has no right to remove ...Or even doesn't compell for resignation...
If they are proved lead to imprisonment also... That foolish boss knows in due course. If he does willfully all. .these
From India, Nellore
Your Boss deserves PUNISHMENTS.Removal of temporary or permanent employee during. Pregnancy time to avoid free leavepay. For maternity..
This shows cruelty and unfair labour practices of that selfish fellow..
Bring him to local labour dept.Authority court....So you are advised to file a complaint in the local labour office...
Tell the details during joint meeting..
All the best.. the job will be protected...The order for removal can't be in force...
He has no right to remove ...Or even doesn't compell for resignation...
If they are proved lead to imprisonment also... That foolish boss knows in due course. If he does willfully all. .these
From India, Nellore
Finally I have submitted an online complaint on the website of Department of Labour. Also have emailed the employer that we will be proceeding legally. In return to that the employer has sent a letter from their advocate twisting the incident and now saying the employee didn't inform before leaving the organisation and that had hampered the reputation of the institution. I am attaching the document which the employer has sent. Also I want to know that if we can directly approach labour commisoner ? I believe the employer got nervous seeing the email which was sent to them.
From India, Pune
From India, Pune
Mr Anish,
You need to seek advice of a lawyer and give a proper reply as per the facts from your side and reply.
Lawyers will try to sound legal and frighten the opponent.
It is time to approach Labour Commissioner with the problems.
Deal things with a cool mind as health during this stage is of utmost importance.
Law is in favour of ladies who are pregnant.
So take legal actions necessary to protect your interests.
From India, Pune
You need to seek advice of a lawyer and give a proper reply as per the facts from your side and reply.
Lawyers will try to sound legal and frighten the opponent.
It is time to approach Labour Commissioner with the problems.
Deal things with a cool mind as health during this stage is of utmost importance.
Law is in favour of ladies who are pregnant.
So take legal actions necessary to protect your interests.
From India, Pune
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Legal Clarification on Maternity Leave.pdf