1
I am afraid this answer is incorrect. In the fourth year the employee could not have completed 240 days' of continuous service having worked only for 6 months.
Therefore the employee under these circumstances will NOT be eligible for payment of Gratuity.
Vasant Nair
From India, Mumbai
Therefore the employee under these circumstances will NOT be eligible for payment of Gratuity.
Vasant Nair
From India, Mumbai
q1: An employee had three manufacturing units at different places, each registered separately as a factory under the factories Act, 1948 and each employing 50 employees.
The competent authority under the Apprentice Act,1961 clubbed the three units and determined the total strength of apprentices to be inducted into the units.
Is the clubbing valid?
ans: aCC. TO THE LAW NOTHING IS SPECIFIED BUT LOGICALLY AUTHORITY CAN DECIDE ON THE ISSUE AND WE HAVE TO OBEY IT.
Q2:Under Payment of Gratuity,1972 an employer can withhold the payment of Gratuity of an employee when the latter fails to vacate the accomodation alotted to him by the employer.
ans: UNDER THE ACT WE CANNOT WITHHOLD THE AMOUNT HOWEVER THE CHARGES CAN BE ADJUSTED WHILE DOING FULL & FINAL!! GRATUITY IS A PART OF FULL & FINAL SETTLEMENT! AND AS EMPLOYEE DOES NOT VACATE THE PRIMISES YOU CAN ISSUE HIM SHOW CAUSE NOTICE BY MARKING CC TO LABOUR OFFICE TO AVOID ANY FUTURE LEGAL HURDELS
Q3:A bus conductor died of a heart attack after working hours while he was sleeping in the bus which was standing at a bus depot. The nominee of the deceased conductor claimed compensation under Workmen's Compensation Act,1923.
Is the emloyer liable to pay the compensation to the nominee?
ANS: NO ! BUT YOU SHOULD BE SURE AND MUST PROVE THAT HE IS NOT ON DUTY WHILE DEATH! AND DEATH SHOULD NOT BE RESULTED OF ANY ACCIDENT AND IT SHOULD BE NATURAL, MEDICAL CERTIFICATE IS ALSO REQ.
Q4:On the basis of an agreement signed between the trade union and the management it was agreed to pay a bonus of 30% of wages to all eligible employees under Payment of Bonus Act,1965.
Is the agreement valid?
YES MIN SET BONUS IS 20% !! THERE IS NO MAX LIMIT DEFINDED BUT ONCE YOU HAD GIVEN PRIVELDGE YOU CANNOT WITHDRAW IT UNDER THE ACT!
REGARDS
MANISH GUPTA
From India, Mumbai
The competent authority under the Apprentice Act,1961 clubbed the three units and determined the total strength of apprentices to be inducted into the units.
Is the clubbing valid?
ans: aCC. TO THE LAW NOTHING IS SPECIFIED BUT LOGICALLY AUTHORITY CAN DECIDE ON THE ISSUE AND WE HAVE TO OBEY IT.
Q2:Under Payment of Gratuity,1972 an employer can withhold the payment of Gratuity of an employee when the latter fails to vacate the accomodation alotted to him by the employer.
ans: UNDER THE ACT WE CANNOT WITHHOLD THE AMOUNT HOWEVER THE CHARGES CAN BE ADJUSTED WHILE DOING FULL & FINAL!! GRATUITY IS A PART OF FULL & FINAL SETTLEMENT! AND AS EMPLOYEE DOES NOT VACATE THE PRIMISES YOU CAN ISSUE HIM SHOW CAUSE NOTICE BY MARKING CC TO LABOUR OFFICE TO AVOID ANY FUTURE LEGAL HURDELS
Q3:A bus conductor died of a heart attack after working hours while he was sleeping in the bus which was standing at a bus depot. The nominee of the deceased conductor claimed compensation under Workmen's Compensation Act,1923.
Is the emloyer liable to pay the compensation to the nominee?
ANS: NO ! BUT YOU SHOULD BE SURE AND MUST PROVE THAT HE IS NOT ON DUTY WHILE DEATH! AND DEATH SHOULD NOT BE RESULTED OF ANY ACCIDENT AND IT SHOULD BE NATURAL, MEDICAL CERTIFICATE IS ALSO REQ.
Q4:On the basis of an agreement signed between the trade union and the management it was agreed to pay a bonus of 30% of wages to all eligible employees under Payment of Bonus Act,1965.
Is the agreement valid?
YES MIN SET BONUS IS 20% !! THERE IS NO MAX LIMIT DEFINDED BUT ONCE YOU HAD GIVEN PRIVELDGE YOU CANNOT WITHDRAW IT UNDER THE ACT!
REGARDS
MANISH GUPTA
From India, Mumbai
Dear Member,
In my opinion according to section 4(2) of the Payment of Gratuity Act, 1972 we are to consider as one year for calculation of gratuity if the service rendered by the employee is more then six months. Therefore, in this case we are to pay gratuity for only five years of service. Section 4(2) may be read as under:
Sec. 4(2): - For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned
In my opinion in excess of six months means more than six months & therefore we are to consider one year if the service is in excess of six months.
Regards,
R.N.Khola
From India, Delhi
In my opinion according to section 4(2) of the Payment of Gratuity Act, 1972 we are to consider as one year for calculation of gratuity if the service rendered by the employee is more then six months. Therefore, in this case we are to pay gratuity for only five years of service. Section 4(2) may be read as under:
Sec. 4(2): - For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned
In my opinion in excess of six months means more than six months & therefore we are to consider one year if the service is in excess of six months.
Regards,
R.N.Khola
From India, Delhi
no fraction of six month is calculated for gratuity payable for how much month, and not for eligibility of the fund. Mitesh
From India, Ahmadabad
From India, Ahmadabad
YES the nominee is liable to get the compensation wether da person is on duty or off duty he/she is under duty just he might get a pain or wanted to take some rest so the nominee can claim for the compensation
From India, Gurgaon
From India, Gurgaon
YES the nominee is liable to get the compensation weather da person is on duty or off duty he/she nominee can claim for the compensation
From India, Gurgaon
From India, Gurgaon
When the employee of bank resigning from services by intimation notice of 15 Dsays, Whether he is entitled for pending leave encashment...?
I think by way of premature resignation, employee causing loss to the Bank, as the bank had expended lots on his training, experience, low rate Loan Scheme etc..etc..
Even the employee had joined services with another employer/bank...
So I think for own benefit employee resigned from his services...
In these circumstances I think he can not claim balance leave encashment...?
Frndz plz help me and provide material in this regard..
From India, Pune
I think by way of premature resignation, employee causing loss to the Bank, as the bank had expended lots on his training, experience, low rate Loan Scheme etc..etc..
Even the employee had joined services with another employer/bank...
So I think for own benefit employee resigned from his services...
In these circumstances I think he can not claim balance leave encashment...?
Frndz plz help me and provide material in this regard..
From India, Pune
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