Dear Sandy,
Under Shops and establishment Acts generally it is provided that experience certificate has to be issued whether employee is to be dispensed with simpliciter or by way of misconduct.Besides full and final settlement of dues has to be done at the time of discharge. It is the duty of inspector to ensure compliance of these. Similarly Under Payment of wages Act, those employees drawing less than Rs.18000 can recover wages under the Act.
From India, New Delhi
221Under Shops and establishment Acts generally it is provided that experience certificate has to be issued whether employee is to be dispensed with simpliciter or by way of misconduct.Besides full and final settlement of dues has to be done at the time of discharge. It is the duty of inspector to ensure compliance of these. Similarly Under Payment of wages Act, those employees drawing less than Rs.18000 can recover wages under the Act.
From India, New Delhi
Can anyone help me to know ,How to create ESIC report through Saral Pay Pack software- also mention complete process of ESIC payment
From India, Mumbai
From India, Mumbai
Dear PSHINGARE,
If you are comes under defination of workman under section 2(S) of Industrial Dispute central Act 1947 e.g unskilled,skilled,technical,clerical & supervisory work ocassionally then not to submit any resignation letter,let the employer terminate the employment then you have full rights to lodge a case in the labour court of your region to get the service with full back wages else resign from service.And regarding the maternity benefits filed a application before the labour officer of concern area of your region ,you will get leave with salary along with all medical expenses inccurred during pregnancy period to delivery period also you can file a application before the Asst.Labour Commissioner of your region to get all salary.
Manoj
If you are comes under defination of workman under section 2(S) of Industrial Dispute central Act 1947 e.g unskilled,skilled,technical,clerical & supervisory work ocassionally then not to submit any resignation letter,let the employer terminate the employment then you have full rights to lodge a case in the labour court of your region to get the service with full back wages else resign from service.And regarding the maternity benefits filed a application before the labour officer of concern area of your region ,you will get leave with salary along with all medical expenses inccurred during pregnancy period to delivery period also you can file a application before the Asst.Labour Commissioner of your region to get all salary.
Manoj
Mr.Sandy,
You can't terminate the service of any employee without domestic enquiry & punishment by the legal ground.i.e when any employee do the misconduct like dis-obeyed the superiors suggestions,fraught with incidence or convicted by the court order.first two require the domestic enquiry by the police officer ,if possible police officer will filed a FIR ,so you can suspend the service of employee by payment of 50% wages to him upto 6 months and after six months 1/3 of full wages& third it does not require any.Again,you can't hold the full & final settlement including salary except gratuity under the eye of law,the full nd final settlement should pay within 15 days's completion of termination from service otherwise no employer will terminate the service of any employee,if it prove in the court that bad practice by the employer then he will penalize by awarding to employee by reinstatement of service with full back wages.
You can't terminate the service of any employee without domestic enquiry & punishment by the legal ground.i.e when any employee do the misconduct like dis-obeyed the superiors suggestions,fraught with incidence or convicted by the court order.first two require the domestic enquiry by the police officer ,if possible police officer will filed a FIR ,so you can suspend the service of employee by payment of 50% wages to him upto 6 months and after six months 1/3 of full wages& third it does not require any.Again,you can't hold the full & final settlement including salary except gratuity under the eye of law,the full nd final settlement should pay within 15 days's completion of termination from service otherwise no employer will terminate the service of any employee,if it prove in the court that bad practice by the employer then he will penalize by awarding to employee by reinstatement of service with full back wages.
Hello Sir,
I am MD. Razi I am Medical Coder in Champ Info Software since 1 year in Noida. I have bond one sided of 5 month. If I leave the company I will pay 5 months of salary, suddenly company have no work, If the company terminated our job without any compensation or without notice period , so we want know your advice. can we take any legal action, please advice.
From India, Noida
I am MD. Razi I am Medical Coder in Champ Info Software since 1 year in Noida. I have bond one sided of 5 month. If I leave the company I will pay 5 months of salary, suddenly company have no work, If the company terminated our job without any compensation or without notice period , so we want know your advice. can we take any legal action, please advice.
From India, Noida
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Full n final settlement.doc