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CONTENTS OF APR 2011

. Current Labour Scenario

  • Govt. open to labour law amendment - Labour Minister
  • Banks to pay State governments’ minimum wages
  • Public Sector has more contract workers
  • Factories Act amendment at final phase
  • Shiv Sena to protest against outsourcing
  • Journalists’ Wage Board’s issue raised in Lok Sabha
  • Rising wages to erode global competitiveness
  • Strikes few but not in Gujarat
  • Sexual harassment panel set up in Haryana
  • Big staff costs pull down MTNL income
  • Infosys’ brakes on attrition
  • NTPC hiring plans
  • Contract workers’ hopes alive
  • Inflation ruins pay hikes
  • IT industry to hire 225,000 : Deloitte
  • Not enough skilled staff taking mining jobs, says CII
  • Women MPs to seek amendment to sexual harassment bill
  • Sacked air hostess challenges her termination
  • PSU bank staff to get incentive
  • Labour disputes on decline
  • Indian ready to go overseas for job

  . What One Should Know About Fixed-Term Appointment

  . Case Study

  . Labour Problems & Their Solutions

  • Challenging retrenchment after receiving full and final payment
  • Restraining strikers from resorting to strike by High Court
  • Change in service conditions – implications
  • Loss of confidence – denial of reinstatement
  • Declaration of protected workmen
  • Piece-rated workers

  . Factories Act Related Problems & Their Solutions

  . Employees' State Insurance related Problems & Their Solutions

  . Employees' Provident Fund/ Pension related Problems & Their Solutions

  . Income-Tax Related Problems & Their Solutions

  . Model Forms & Precedents

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  • Pro-forma suggested for letter of appointment to an employee for fixed period
  • Pro-forma suggested for letter of appointment to a candidate offering temporary post
  • Pro-forma suggested for letter of appointment to an employee engaged on part-time basis
  • Pro-forma suggested for application for appointment of a temporary employee
  • Pro-forma suggested for prescribing an application by an employee for grant of leave
  • Pro-forma suggested for a letter to an employee intimating refusal to sanction his leave since he has not sent ESI slip in support of his application for leave
  • Pro-forma suggested for an advisory letter to an employee who has refused to comply with the instructions of his superior
  • Pro-forma suggested for an advisory letter to be issued to an employee who has been absenting from duties
  • Pro-forma suggested for a letter to an employee who applies for grant of leave due to sickness but does not attach medical certificate or ESI slip

 

   . Case Study

   . Latest Notifications, Amendments & Developments

  • Revised Minimum Rates of Wages w.e.f. 1.2.2011
  • Sales Promotion Employees (Conditions of Service) Act, 1976 (31.1.2011)
  • Payment of Gratuity Act, 1972 (4.3.2011)
  • Employees’ State Insurance Corporation - Collection/Remittance of ESI contributions through System Generated Challans (17.3.2011)

   . HR Scenario

  • Biggest jump in hiring since 2005
  • Attrition rises as jobs are back

   . HR Workplace Solutions

  

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  • An employee cannot be retired in the absence of specific clause in the appointment letter.
  • If the terms and conditions are not specified in the appointment letter, an employee will note be bound to abide by subsequent conditions.
  • Before availing leave, an employee has to apply and get it sanctioned.
  • When an employee is appointed for a fixed period, no notice or compensation will be payable on his termination.
  • An employee cannot be transferred only when there is a specific clause in the appointment letter.
  • Once a benefit is extended to an employee, it cannot be withdrawn by the employer.
  • House Rent Allowance and overtime payment does not attract provident funds contributions.
  • Absence/late coming, when habitual will justify dismissal from service.
  
         
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