Disciplinary action against employee

Posted on March 25, 2016February 21, 2018 by Team asklabour

Disciplinary Actions are those which are taken by an employer against his employee for misconduct committed by the employee within the establishment and in certain circumstances, even outside the premises of the establishment. In keeping with Principles of Natural Justice, every employee who has been charged with any misconduct must be given an opportunity of being heard and explaining his actions before his employer, this opportunity is given to an employee during disciplinary action. The…

Delay in commencing proceedings under Section 14B of the Provident Fund Act – does it waive the responsibility of a Company from making contributions?

Posted on March 25, 2016February 21, 2018 by Team asklabour

As per Section 14B of the Provident Fund Act; “Where an employer makes default in the payment of any contribution to the Fund the Pension Fund or the Insurance Fund or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17 or in the payment of any charges payable under any other provision of this Act or of any Scheme or Insurance…

Maternity leave available for women attain motherhood through surrogacy.

Posted on March 22, 2016June 2, 2016 by Team asklabour

The Bombay High Court recently granted maternity leave to a woman who had attained motherhood through surrogacy. The Court relied upon the judgment of Nagpur Bench of Bombay High Court in the case of Dr. Mrs. Hema Vijay Menon v. State of Maharashtra & Ors, wherein it was held, “A woman cannot be discriminated, as far as maternity benefits are concerned, only on the ground that she has obtained the baby through surrogacy. Though the…

Can the assets of an establishment, already pledged to a bank against loans, be sold to clear Provident Fund dues?

Posted on March 9, 2016April 21, 2016 by Team asklabour

In Maharashtra State Co-operative Bank Ltd. V/s The Assistant Provident Fund Commissioner, 2009 the Hon’ble Supreme Court, was faced with the question of whether the sugar bags pledged by two sugar mills in favour of the appellant-bank as security for repayment of the loan together with interest could be attached and sold for realization of the dues of provident funds etc. payable by the employer i.e., the management of the Sugar Mills under the Employees’…

Is it necessary under Indian employment laws to have Employment Agreement between the Company and its Sr. Executives? If so, should it be stamped?

Posted on March 9, 2016 by Team asklabour

Although the terms of employment of the Executives are not governed by statute or statutory rules under Indian employment laws, it is essential to have an Employment Agreement between the Company and it’s Senior Executives. The provisions of Indian Contract Act shall be applicable since the terms of employment are required to be decided by way of agreement. Recent trends show that the Senior Executives leave their jobs without notice and sometimes even join competitors…

Components forming part of Wages for deciding contribution under Provident Fund Act, effect of splitting salary into components/allowances and its effect on Contribution under Provident Fund Act

Posted on March 9, 2016 by Team asklabour

I. Components forming part of wages under the Provident Fund Act Section 6 of the Provident Fund Act in India provides for “Contribution”. The Section reads as under; ‘The Contribution which shall be paid by the employer to the Fund shall be twelve per cent of the basic wages, dearness allowance and retaining allowance (if any) for the time being payable to each of the employees (whether employed by him directly or by or through…

Employees of E-Commerce market place approach Labour Department against unfair labour practices.

Posted on February 26, 2016 by Team asklabour

The Indian e-commerce ecosystem is brimming with fierce competition and to keep up, an internet marketplace giant is looking to crack down underperformers. Based on their performance of the last six months, 200 employees of its customer care wing have been identified for the “Performance Improvement Plan” or “PIP”. Employees have been given a choice to either resign immediately; or undergo the PIP and if unsuccessful be terminated. An employee opting for a PIP is…

What’s appropriate behavior at the workplace, and what’s not?

Posted on February 24, 2016 by Team asklabour

In light of the burgeoning number of sexual harassment cases being filed lately, the new law on the subject and the recent resurfacing of the issue concerning allegations against a senior journalist, we thought it prudent to compile a few behavioral pointers for male bosses from various sources and enlist them here; No Suggestive/Explicit Talk: Avoidance of sexually explicit language at workplace or saying/writing things even distantly suggestive is taboo. While people may not object…

Sexual Harassment and Labour Laws in India – The Vishaka Perspective

Posted on February 24, 2016 by Team asklabour

The Hon’ble Supreme Court of India, in its judgment in Vishaka v. State of Rajasthan, laid down certain guidelines to effectively deal with sexual harassment of female employees at the workplace. The guidelines are 12 in number, and may be considered the law on the subject until statutory provisions are made in that regard. In the past many companies have faced the wrath of government authorities, NGOs, political parties, the media and the courts for…

Supreme Court Decides On Jurisdiction For Termination Of Employee

Posted on February 22, 2016February 22, 2016 by Team asklabour

The Supreme Court in Nandram vs M/s Garware Polyster Ltd, decided upon an important point of jurisdiction of the Labour Court when deciding the termination of an employee. The Appellant/Complainant was an employee in Aurangabad and was later transferred to Pondicherry. Due to the closing down of the Pondicherry establishment, the management decided to terminate his services. The Labour Courts of both, the place where the decision to terminate and the place where the termination…

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