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CONTENTS OF JUL 2011

  . Current Labour Scenario

  • Labour laws to be amended soon
  • Lawyers’ access to all Labour Courts/Industrial Tribunals
  • Haryana employers asked to notify vacancies
  • Hope for tea labourers
  • Medical facilities for beedi workers
  • No child labour in garments : India to US
  • Lack of skill for newly hired engineering grads
  • Mahindra Satyam to hire former women employees
  • Plan to eliminate child labour soon : Delhi Govt.
  • Demand of IA cabin crew resolved
  • Trade Union Leaders to study industrial safety measures
  • MTNL plans VRS for a third of workforce
  • Maruti strike caused huge loss
  • Double digits wages back
  • Unions decry labour law exemption for investment zones
  • Farmhand wages soar in Kerala
  • Wage board outdated : Experts
  • Equality for maids supported by India

  . Labour Problems & Their Solutions

  • For an accident – whether employer liable to pay compensation
  • Enquiry officer – who should be
  • Closure of restaurant – permission for
  • Denial of representation by a legal practitioner
  • Dismissal for not achieving productivity norms - justified
  • Retrenchment without prior approval will be illegal
  • Owner of the trade mark also liable to pay gratuity
  • Transfers – who can order and reasons thereof
  • Employees of agricultural farm not covered by the Payment of Wages Act
  • Code of discipline in industry – whether mandatory
  • A probationer – whether confirmed automatically on completion of probationary period
  • Increasing working hours sans notice of change
  • Non-acceptance of resignation - legality of

  . Factories Act Related Problems & Their Solutions

  . Employees' State Insurance related Problems & Their Solutions

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

  . Model Forms & Precedents

  • Pro-forma suggested for an agreement between employer and an employee (appointed as cashier) and his surety
  • Pro-forma suggested for a charge-sheet to a worker for adopting ‘go-slow’ tactics
  • Pro-forma suggested for a letter of authority by the employees in favour of representatives to negotiate, sign and execute a settlement with the management pertaining to their demands
  • Pro-forma suggested for an order of discharge to a probationer
  • Pro-forma suggested for show cause notice to employee alongwith enquiry report calling upon him as to why appropriate punishment should not be awarded
  • Pro-forma suggested for a charge-sheet to an employee for holding meeting of trade union in the premises of the factory/establishment despite refusal of the management to grant permission
  • Pro-forma suggested for Model Rules for sexual harassment of women at work place
  • Pro-forma suggested for notice to a sales representative to send the daily reports
  • Pro-forma suggested for notice to an employee to attend duty regularly

  . Latest Notifications, Amendments & Developments

  • Employees’ Provident Fund Organisation - Splitting of minimum wages (23.5.2011)
  • Representation by Labour Law Reporter - Splitting of minimum wages (25.5.2011)
  • Employees’ State Insurance Corporation - Eligibility condition for dependant parents for medical benefit (19.5.2011)
  • Employees’ State Insurance Corporation - Enhancement of Funeral expenses from Rs.5000/- to Rs.10,000/- (19.5.2011)
  • Employees’ State Insurance (General) Regulations, 1950 - Substitute Form 01, 1 and 12 (30.3.2011)
  • Employees’ State Insurance Corporation - Extension of the ESI Scheme to the Construction site workers (3.1.2011)

  . Case Study

  . HR is Increasingly Female-Dominated

  . HR Around the World

  . HR Scenario

  • SBI to hire over 5,000 officers
  • Wipro Infotech to hire 7,500
  • Healthcare sector attracts top talent
  • Tackling attrition
  • IT sector to see positive hiring trends this year survey
  • India to see strongest hiring trend in next 3 months
  • Flexi hours help women : Study

  . 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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