My name is kaveri, my designation is senior manager dealing, i was working in a private limite company in salem for past 3 years and 6 months, our branch is set to close in september 15 th, what is the compensation which i got and what is the rule for intimate the employee. there is no security in private limited company. same time employees are considered as slaves. i got incentives many times, please tell me how to climb my compansation. say some ideas to get proper settlement.
From India, Coimbatore
From India, Coimbatore
Dear Kaveri,
In the first place, people employed in managerial capacity can not claim any remedy under the existing Labour Laws other than their gratuity. Since your total service is less than 5 years, you are not eligible for gratuity. You have not mentioned the total no of workmen employed in the company including the branch to be closed. If it is 100 and above on average in the preceding 12 months, you have to get prior permission from the State Govt before retrenching the employees of the particular branch likely to be closed. Otherwise, you can straight away retrench them by issuing one month's notice or paying one month salary in lieu of notice and retrenchment compensation @ 15 days average wages for every year of completed service. Regarding your compensation as senior manager, it is based on the terms of your letter of appointment only.
From India, Salem
6018In the first place, people employed in managerial capacity can not claim any remedy under the existing Labour Laws other than their gratuity. Since your total service is less than 5 years, you are not eligible for gratuity. You have not mentioned the total no of workmen employed in the company including the branch to be closed. If it is 100 and above on average in the preceding 12 months, you have to get prior permission from the State Govt before retrenching the employees of the particular branch likely to be closed. Otherwise, you can straight away retrench them by issuing one month's notice or paying one month salary in lieu of notice and retrenchment compensation @ 15 days average wages for every year of completed service. Regarding your compensation as senior manager, it is based on the terms of your letter of appointment only.
From India, Salem
Hi all,
I have recently started private Limited company with business activity as staffing service, wherein employees will be on my payroll but serving others clients on contract basis. Do I need to have registered under my company under labor contract act?
Currently number employees less than 20 but number may go up in few months.
I have recently started private Limited company with business activity as staffing service, wherein employees will be on my payroll but serving others clients on contract basis. Do I need to have registered under my company under labor contract act?
Currently number employees less than 20 but number may go up in few months.
Dear Sachinz,
You need to register as per Contract labour Act before Labour Dept. for your company and the company (Principal Employer) you give contract labor if you supply more than 20 employee to a single company and collect license.
Vivian Chandrashekar
Advocate & HR Consultant
Ph: 9916138191
From India, Bangalore
You need to register as per Contract labour Act before Labour Dept. for your company and the company (Principal Employer) you give contract labor if you supply more than 20 employee to a single company and collect license.
Vivian Chandrashekar
Advocate & HR Consultant
Ph: 9916138191
From India, Bangalore
Thanks sir for your guidance.
Does this same applies in case if I (my company) supplies drivers to individuals/commercial cab owners? In that case drivers will be on my payroll but serving different clients. Will labor contract act applies in this case or Transport workers Act?
Thanks
Does this same applies in case if I (my company) supplies drivers to individuals/commercial cab owners? In that case drivers will be on my payroll but serving different clients. Will labor contract act applies in this case or Transport workers Act?
Thanks
Dear Mr Sachin,
Pls note, whenever you need advice from fellow members, always start the discussion in a Fresh Thread. You have started your query in a running discussion. Now few members can see your query. If you started a new thread, you can get more suggestions.
However, pls note my suggestion/s:-
You need to obtain/apply Labour Licence in case you deploy 20 or more people in a single place agst a single Contract (single client). Even if you have different agreements for different places with same client, in which less than 20 person involved you need not to obtain Labour Licence.
However, when you to enter into agreement to deploy person/s at client place, than you are bound to obey all rules under CL (R&A) Act, 1970.
Taking labour licence is something higher thing under CL Act, which involved some extra obligations (Licence, record maintenance, Labour Return etc.).
Fellow members can correct me, or put more light to resolve the matter.
From India, Delhi
Pls note, whenever you need advice from fellow members, always start the discussion in a Fresh Thread. You have started your query in a running discussion. Now few members can see your query. If you started a new thread, you can get more suggestions.
However, pls note my suggestion/s:-
You need to obtain/apply Labour Licence in case you deploy 20 or more people in a single place agst a single Contract (single client). Even if you have different agreements for different places with same client, in which less than 20 person involved you need not to obtain Labour Licence.
However, when you to enter into agreement to deploy person/s at client place, than you are bound to obey all rules under CL (R&A) Act, 1970.
Taking labour licence is something higher thing under CL Act, which involved some extra obligations (Licence, record maintenance, Labour Return etc.).
Fellow members can correct me, or put more light to resolve the matter.
From India, Delhi
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