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CONTENTS OF JAN 2012

  . Current Labour Scenario

  • SCOPE for uniform policy on sexual harassment
  • Unions to strike for better labour laws
  • Labour ministry drafts national policy for domestic workers
  • IT employees constantly live in fear of blacklisting
  • Two directors of a refractory arrested for non-payment of workers dues
  • View labour cases in changed economic context, Supreme Court tells courts
  • Maruti defends stand on good conduct bond
  • Vocational education revamp on cards : Ministry
  • Young officers may get a chance to head public sector banks
  • Overseas Indians look homewards for employment
  • Textiles Minister launches skill development programme
  • Air India plans VRS to reduce 3k employees
  • ITC wins National Award for excellence in employee relations
  • Retail chains to invest more on staff training

  . Provident Fund Update

  . Annual Increments - Principles & Practice

  . Case Study

  . Labour Problems & Their Solutions

  • Refusal to accept charge-sheet - action to be taken against delinquent
  • Contractor not having licence - consequences
  • Punishment imposed on a workman - High Court can also modify
  • Wages - can’t be reduced
  • Principal employer to pay the arrears or underpaid wages to the workers of contractor
  • Prohibition of contract labour and sham contract
  • Overtime ceiling
  • Arising out of and in the course of employment - meaning of in context with employers’ liability for accident compensation
  • Calculating earned leave - Sundays & holidays are to be excluded
  • Maintenance of registers of workers is obligation of manager not of occupier
  • Right of representation in the enquiry

  . Model Forms & Precedents

  • Pro-forma suggested for agreement between employer and employee when the latter is sent abroad for training
  • Pro-forma suggested for indemnity cum surety bond
  • Pro-forma suggested for application by an employee
  • Pro-forma suggested for charge-sheet when an employee disobeys the order of his transfer


  . Digest of EPF Appellate Tribunal Orders

  • Pre-deposited amount to be refunded - when appeal is allowed
  • Damages reduced to 22%
  • No default - when dues timely paid
  • Damages for delayed deposit - untenable
  • Section 7A order including allowances for contribution to be re-examined
  • Review petition tenable on discovery of new facts
  • EPF authority to re-examine levy of damages
  • HRA not wages for contributions
  • EPF contribution need not be on minimum wages
  • Assessment for excluded employee - not legal
  • Seasonal industry has to cover the additional employees

 

  . Latest Notifications, Amendments and Developments

  • The Sales Promotion Employees (Conditions of Service) Act, 1976 (24.2.2011)
  • The Contract Labour (Regulation and Abolition) Act, 1970 (25.5.2011)
  • The Contract Labour (Regulation and Abolition) Act, 1970 (2.8.2011)
  • The Employees’ State Insurance Act, 1948 (9.8.2011)
  • Revised Minimum Rates of Wages in State of Bihar (w.e.f. 1.10.2011)

  . HR Scenario

  • IIT graduate grabs top US energy job
  • Vocational education to be strengthened
  • 85% law grads taking up corp jobs
  • Facebook hires IIT-Delhi student for Rs 65 lakh a year
  • Luxe brands pick million-dollar salesmen

 

  . HR Around the World

  .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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