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CONTENTS OF MAY 2011

  . Current Labour Scenario
  • Maharashtra mulls new labour policy
  • Govt. Employs more contract labour than private sector : study
  • PSU salary - substantial increase
  • Six units employing child labour sealed
  • 2 factories not having crèches fined
  • Maharashtra contract labour issue goes to SC bench
  • Ignorance of welfare schemes by Migrant workers
  • Revision for tea garden workers
  • New ESIC hospital inaugurated
  • Darjeeling labour unions’ demands termed unrealistic
  • National Social Security Board soon
  • Govt. relaxes norms for hiring of kin by directors
  • MCD to pay contract workers at part with staff
  • National minimum wage floor level revised
  • A survey finds young India lacks soft skills
  • Educational Institutions and Medical establishments in Karnataka to be covered under ESI Act


 
 
. Case Study

  . Delay in justice is mockery of justice

  . Labour Problems & Their Solutions

  • Maintaining records in electronic form – acceptability of
  • Conditions for non-payment
  • Excluded allowances
  • Bonus – whether part-time employees eligible
  • Obligation of an employer to pay gratuity
  • Termination by subordinate authority
  • Receipt for full and final settlement
  • Sexual harassment – complaints under
  • Equal wages for equal kind of work to the employees of the contractor
  • Reduction in wages/allowance - when permissible

  . 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 a letter to be issued to a candidate for engaging him as a trainee
  • Pro-forma suggested for an advisory letter to be issued to an employee who has not been performing his duties even during probation period
  • Pro-forma suggested for an order or discharge to a probationer
  • Pro-forma suggested for form of acceptance of appointment by an employee
  • Pro-forma suggested for a circular for regulating attendance marking system
  • Pro-forma suggested for charge-sheet for unauthorised and habitual absence from duty
  • Pro-forma suggested for notice to an employee asking him to wear uniform
  • Pro-forma suggested for a notice of starting new shift in a factory when there are no certified standing orders under the Industrial Employment (Standing Orders) Act, 1946
  • Pro-forma suggested for charge-sheet for theft
  • Pro-forma suggested for letter of warning to an employee who is found drunk while on duty


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Latest Notifications, Amendments & Developments

  • Employees’ State Insurance Act, 1948 - Extended upon Schools, Hospitals etc. (23.3.2011)
  • The Payment of Bonus (Maharashtra Amendment) Act, 2010 (21.3.2011)
  • The Maharashtra Contract Labour (Regulation and Abolition) (First Amendment) Rules, 2010 (25.2.2011)
  • The Factories Act, 1948 - Tamil Nadu (6.12.2010)
  • The Employees’ State Insurance Act, 1948 - Tamil Nadu (26.11.2010)
  • The Minimum Wages Act, 1948 - Tamil Nadu (23.12.2010)
  • Minimum Rates of Wages in State of Punjab w.e.f. 1.3.2011

  . Team Leader as Dhoni : A New HR Mantra

  . HR Around the World

  . HR Scenario

  • Flexible working hours on increase: study
  • Small scale industries on hiring spree : survey
  • HR excellence award to HPL
  • Hiring trends better in Q1 of 2011
  • CII to set up four skill centres
  • Nitish to Focus on Human Resource Development
  • Assocham says smaller cities grab lion’s share in job market
  • Providing jobs a challenge : FM
  • High attrition in BPO sector
  • 45,000 to join firm in 2011-12, attrition down to normal
  • Indian firms make profit of Rs.6 lakh per employee
  • 15 lakh jobs in Education sector
  • Skill development mission planned
  • Wipro execs flood job market

  . 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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