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CONTENTS OF OCT 2011

  . Current Labour Scenario

- A worker can be sacked if he remains too long in the toilet
- Job opportunities despite slow down
- Hospital chains on hiring spree
- India gears up social security policy
- Sarangi takes charge as labour secretary
- Infosys on hiring mode
- IT cos start campus hiring
- PSU banks hire top-level employees on contract
- Workers in Nepal emulate Anna Hazare
- 11 trade unions plan countrywide protests on Nov 8
- Hospitality sector as job spinner
- ESIC-run hospitals need improvement in services
- ICICI bank to hire 6,000
- Consumer price index for industrial workers eases in July
- Hiring level in IT and ITeS best go globally
- Parliamentary panel for compulsory registration of unemployed

  . Case Study

  . Labour Problems & Their Solutions

- Double employment - prohibition of
- Retrenchment compensation - procedure for calculation of
- Confirmation of a probationer – whether automatic
- Non-payment of gratuity due to financial difficulties
- Clubbing of establishments - criteria for
- Significance of employer & employee relationship
- Termination by subordinate authority
- Forfeiture of gratuity – conditions for


   . 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 employee service card
- Pro-forma suggested for an application form by a candidate for engaging as a trainee
- Pro-forma suggested for letter of appointment to a trainee
- Pro-forma suggested for engaging an employee on piece rate basis
- 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 a charge-sheet to an employee for assault or fighting on the premises of the factory/establishment
- Pro-forma suggested for a charge-sheet for unlawful assembly, shouting slogans and causing damage to property of the factory
- Pro-forma suggested for a surety bond to be executed by an employee alongwith surety

  . Digest of EPF Appellate Tribunal Orders

- Excluded employees - can’t be covered
- Both transferor and transferee are liable for damages
- Coverage under section 1(3)(b) but notice under section 1(3)( a) to be quashed
- Levying damage ignoring excess payment - not proper
- Covering voluntary- without application - unsustainable
- Claim for pension fund untenable in the absence of disposal of plea for exemption
- Coverage sans detail of employees quashed
- Allowances forming part of minimum wages can be split for EPF contribution

  . Provident Fund Update

  . HR Around the World

  . Constant Learning the Key to Success

  . HR Scenario

- Infosys plans to reward staff with Rs.656 cr stock
- Infy HR head relocates to the US
- Steady hiring in Chandigarh
- World leaders can be created in India
- More salary this year : Study
- Management tip - dealing with slow workers

  . 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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