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CONTENTS OF NOV 2011

  . Current Labour Scenario

- Labour laws being streamlined
- Domestic workers will soon be covered by labour laws
- Skill development centre unveiled in Tamil Nadu
- 11 trade unions plan countrywide protests on Nov 8
- Centre plans 45 day deadline for clearing TU registration application
- B-Schools cheer return of companies
- Only 14% of senior execs say workplace is staff-friendly: Survey
- 10 million jobs to be created in India by the new IT policy
- Child labour ban remains on paper, say activists
- India Inc expat hiring in India up 20% this year
- Who moved my labour? Job Guarantee, says Chamber
- Govt may link NREGA wages with minimum wages law
- Executive salaries in Asia may soon surpass those in the US : Study
- G20 Labour Minister for job-centric growth strategy

  . Case Study

  . Avoid making sham contract

  . Provident Fund Update

  . Labour Problems & Their Solutions

- Liability for accident when worker not performing duty
- Sham contract – when not to be presumed
- Binding of an employee under service conditions
- Bonus – whether payable to sales representatives
- Implications of Payment of Bonus Act
- Trainee – also entitled to gratuity
- Time limit for claiming gratuity
- Branches/units of a company for payment of bonus
- Whether conveyance allowance to be paid on shifting of establishment


  . 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 of appointment to an employee employed on temporary basis
- Pro-forma suggested for a charge-sheet for assaulting the superior
- Pro-forma suggested for a letter to the enquiry officer for conducting enquiry and conveying his acceptance
- Pro-forma suggested for a reminder by the enquiry officer of the delinquent employee who is avoiding to participate in the enquiry
- Pro-forma suggested for charge-sheet for habitual absence from duty
- Pro-forma suggested for a charge-sheet to a worker who has allegedly instigated other workers to stop work and stage demonstration at the premises of the factory
- Pro-forma suggested for a letter of warning to a charge-sheeted employee when he admits the charges as contained in the charge-sheet e.g. sleeping while on duty
- Pro-forma suggested for a bond with surety for rendering service for the specified period after successful completion of training
- Pro-forma suggested for a letter to an employee who is in the habit of late coming

  . Digest of EPF Appellate Tribunal Orders

- Employees’ failure to support their claim nulifies the order under section 7A
- Section 7A order set aside - when passed without verifying the deposit challans
- Coverage without hearing appellant - not proper
- Damages for delayed deposit - substantially reduced
- Damages for delayed deposit of contribution - reduced to 17%
- Damages for delayed deposit of contribution - reduced to 22%
- PF contribution - not necessary on minimum wages
- HRA not wages to attract EPE contributions
- Coverage not proper when employees were less than 20
- Defaulting contractor to be summoned for payment of EPF dues

  . Latest Notifications, Amendments & Developments

- Minimum Rates of Wages in UP from 1.10.2011 to 31.3.2012
- The Minimum Wages (Maharashtra Amendment) Act, 2010 (7.9.2011)
- The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (2.8.2011)
- The Contract Labour (Regulation and Abolition) Act, 1970 (6.5.2011)

  . HR Scenario

- Kochhar 1st woman to get ET Biz Leader Award
- Powergrid conferred with Amity HR Excellence Award
- Slowdown concerns to cool attrition
- Google is best employer
- Varsity mooted for skill development

  . 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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