Dear Sandy,
Under the Shops and Establishments Acts, it is generally provided that an experience certificate has to be issued, whether the employee is to be dispensed with simpliciter or due to misconduct. Additionally, the full and final settlement of dues must be completed at the time of discharge. It is the duty of the inspector to ensure compliance with these regulations. Similarly, under the Payment of Wages Act, employees earning less than Rs. 18,000 can recover wages under the Act.
From India, New Delhi
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225Under the Shops and Establishments Acts, it is generally provided that an experience certificate has to be issued, whether the employee is to be dispensed with simpliciter or due to misconduct. Additionally, the full and final settlement of dues must be completed at the time of discharge. It is the duty of the inspector to ensure compliance with these regulations. Similarly, under the Payment of Wages Act, employees earning less than Rs. 18,000 can recover wages under the Act.
From India, New Delhi
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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
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From India, Mumbai
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Dear PSHINGARE,
If you come under the definition of a workman under section 2(S) of the Industrial Dispute Central Act 1947, for example, unskilled, skilled, technical, clerical, and supervisory work occasionally, then do not submit any resignation letter. Let the employer terminate the employment, and then you will have full rights to lodge a case in the labor court of your region to get the service with full back wages. Otherwise, resign from service.
Regarding maternity benefits, file an application before the labor officer of the concerned area in your region. You will get leave with salary along with all medical expenses incurred from the pregnancy period to the delivery period. You can also file an application before the Assistant Labor Commissioner of your region to receive all salary.
Manoj
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If you come under the definition of a workman under section 2(S) of the Industrial Dispute Central Act 1947, for example, unskilled, skilled, technical, clerical, and supervisory work occasionally, then do not submit any resignation letter. Let the employer terminate the employment, and then you will have full rights to lodge a case in the labor court of your region to get the service with full back wages. Otherwise, resign from service.
Regarding maternity benefits, file an application before the labor officer of the concerned area in your region. You will get leave with salary along with all medical expenses incurred from the pregnancy period to the delivery period. You can also file an application before the Assistant Labor Commissioner of your region to receive all salary.
Manoj
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Mr. Sandy,
You can't terminate the service of any employee without a domestic enquiry and punishment by legal grounds. For example, when an employee commits misconduct such as disobeying superiors' suggestions, being involved in incidents, or being convicted by a court order. The first two instances require a domestic enquiry by a police officer. If possible, the police officer will file an FIR. In such cases, you can suspend the employee's service by paying them 50% of their wages for up to 6 months. After six months, the payment should be reduced to 1/3 of their full wages. In the third scenario, no enquiry is required.
Moreover, you can't withhold the full and final settlement, including salary, except for gratuity under the law. The full and final settlement should be paid within 15 days of the completion of termination from service. Failure to do so may result in the employer not being able to terminate the employee's service. If it is proven in court that the employer engaged in bad practices, the employer may be penalized by having to reinstate the employee's service with full back wages.
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You can't terminate the service of any employee without a domestic enquiry and punishment by legal grounds. For example, when an employee commits misconduct such as disobeying superiors' suggestions, being involved in incidents, or being convicted by a court order. The first two instances require a domestic enquiry by a police officer. If possible, the police officer will file an FIR. In such cases, you can suspend the employee's service by paying them 50% of their wages for up to 6 months. After six months, the payment should be reduced to 1/3 of their full wages. In the third scenario, no enquiry is required.
Moreover, you can't withhold the full and final settlement, including salary, except for gratuity under the law. The full and final settlement should be paid within 15 days of the completion of termination from service. Failure to do so may result in the employer not being able to terminate the employee's service. If it is proven in court that the employer engaged in bad practices, the employer may be penalized by having to reinstate the employee's service with full back wages.
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Hello Sir,
I am MD. Razi, a Medical Coder at Champ Info Software in Noida for the past year. I am currently under a one-sided bond for 5 months. If I choose to leave the company, I will be required to pay 5 months' worth of salary. However, if the company terminates our employment without any compensation or notice period, we would like to seek your advice on whether we can take any legal action.
Please advise.
From India, Noida
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I am MD. Razi, a Medical Coder at Champ Info Software in Noida for the past year. I am currently under a one-sided bond for 5 months. If I choose to leave the company, I will be required to pay 5 months' worth of salary. However, if the company terminates our employment without any compensation or notice period, we would like to seek your advice on whether we can take any legal action.
Please advise.
From India, Noida
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