All Questions
- 1 -Such as conduct on the part of an empoyee will be treated as a grave misconduct. Reference is made to one case wherein it has been held that making false claim for medical reimbursement by a workman will be a serious misconduct to justify his dismissal.
- 1 -In one case, the Supreme Court had held that non-providing of list of witnesses will not vitiate enquiry. However, in another case it was found that the workman was not given a list of the Management's witnesses before the commencement of the domestic enquiry and it was held that the proceedings of the enquiry were not proper as the workman concerned was not given full opportunity as required by the law.
- 1 -It is immaterial whether the employees are working for 22 days or more in a month. The gratuity will be calculated as if an an employee is working for 26 days in a month. Reference is made to one case, decided by Bombay High Court, wherein it has been held that the payment of gratuity to an employee working in an establishment for 22 days in a month will be calculated @ 26 days 'working in a month.'The Madras High Court has also followed the ratio as laid down by the Bombay High Court.
- 1 -There is a fundamental distinction between leave and holidays. Holidays are off-days granted by the employer to the workmen either voluntarily or compulsorily under the force of law.'Holiday is a total closure of work, whereas leave is absence with permission from work which would otherwise be available. Hence, for leave, there should be an application by individuals every time and the sanction thereof, whereas for a holiday, no such thing is necessary. In case of leave, the workmen would be free to avail themselves of the same according to the pressing needs of individuals of one day or more days at a time. In one case, while distinguishing the leave from holidays, it has been held that in this connection referenve can be made to item (4) of Schedule III to the Industrial Disputes Act, 1947 which is the terms 'Leave with Wages and Holidays'. This shows that holidays stand on a different footing altogether from leave with wages and a reference for adjudication made by the Appropriate Government to the industrial tribunal with respect to leave with wages and a reference for adjudication made by the Appropriate Government to the industrial tribunal with respect to leave facilities cannot include a consideration of holidays.
- 1 -It has serious consequences. Be it clarified that where any person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action to be taken under the provisions of this Act, contravenes the provisions of section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, he shall be liable for penalty in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist, in such manner as may be prescribed.
- 1 -The substitution of the words 'Local Compliant Committee' and 'Internal Complaint Committee' to 'Local Committee' and 'Internal Committee' in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in Gazette of India Extraordinary Part II, Section 1 dated 9.5.2016.
- 1 -Every employer of a workplace employing more than ten workers shall constitute, by an order in writing, a Committee to be known as Internal Complaints Committee (ICC). (It is, however, not started whether any woman employee is necessary amongst 10 workers).
- 1 -The Act provides that the contributions are to be paid on the wages paid or payable. In one case the question arose as to whether the Employees Provident Fund contributions are to be paid only when the actual wages are paid. It has been clarified that payment of contribution is to be deducted from the wages hence it does not mean that the liability will accrue only when the wages are paid. Payability starts from the date when it accrues. If the employer makes the payment of wages at his convenience the same will not enable the employer to pay contribution also at his whims for reasons which may or may not be justifiable.
- 1 -Eligible service, as defined under para 9, is the period of service for which pension contribution has been paid or payable. A new entrant HR manager, as obvious, will be drawing pay more than Rs. 15000 PM hence he/she will not be eligible for pension membership as per para 6 as amended by GSR 609(E) dated 22.08.2014 effective from 01.09.2014.
- 1 -"Commissioner" as defined under paragraph 2(d) of the EPF Scheme, 1952 is, generally, the authority to resolve any doubt and also to clarify. Under paragraph 26B, the Regional Commissioner is the authority.
- 1 -In the event of any employee meeting with an accident, an Accident Report in Form 16 is to be filled in triplicate, one copy should be submitted to local office and second copy to Insurance Medical Officer/Insurance Medical Practitioner and third copy should be retained as an office copy. The report should be submitted within 48 hours in ordinary cases and immediately in death cases.
- 1 -Weekly holiday under section 52 of the Factories Act, 1948 is not required to be treated as a working day for payment of wages for all workers, including a worker, absenting unauthorisdly. As per provisions of this section, no worker is required to work in a factory on a weekly holiday. Such a worker is required to be paid wages as per provisions of section 9 of the Payment of Wages Act, 1936.
- 1 -It is not necessary on the part of the owner/occupier of a small factory to engage a manager and the occupier can notify his/her name as a manager in addition to being an occupier to the Inspectorate of Factories, on the application for grant and renewal of License of the factory.
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Section 4 requires that an employer needs to constitute an Internal Committee to deal with complaints of sexual harassment at the workplace.
The employer has been defined under section 2 of the 2013 Act, as" in relation to any department organization, undertaking, establishment, enterprise, institution office branch or unit of the appropriate government or a local authority, the head of that department, organization officer etc.In short it is anyone who is reponsible for managment, supervision and control of the workplace and including a dwelling place or house.
Many employers however feel that one need not comply in case there are no women employees or if they are a small or medium enterprise.They also feel that the law is for the protection of women employees only but doesn't know that an organization/company is liable even if the Complainant is not an employee.
It is a mandatory requirement under the Act to constitute an Internal Committee wherever there at 10 or more employees irrespective whether there are any women on rolls or not.
- 1 -No. It is the employers' share which provides benefit of the judgments and para 11(3) of EPS Scheme, 1995.
- 1 -The inherent clarification of the present judgment and of the SC judgement dated 04.10.2016 in the case of R.C. Gupta is that if contribution on higher salary in to EPF account has been paid as employers' , it treated as deemed option under para 26(6) of the EPF Scheme, 1952.
- 1 -Yes, they will. Procedure yet has been formulated is that employee has to submit his willingness under para 11(3) through his employer, who has to give details of the contribution with that of the difference payable with interest and forward it to the EPFO office for verification. After verification, the EPFO will intimate the amount payable by the employee/member concerned. On refund of such amount, further action will be taken by the EPFO.
- 1 -All such EPS members for whom their employees have contributed on higher salary as employer's share to EPF either from 16.03.21996 (the GSR 134 dated 28/02/1996 was published in the Official Gezatte) or from the date their pay form EPF contribution crossed the prevailing ceiling of wages.
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Report of the Inspector of ESI Corporation without verfication of attendance registers, payment of wages registers and such other records indicating full name, father's name, address etc. of the concerned employee's showing number of employees 20 now 10 or more for coverage under the Employees' State Insurance Act, 1948 that too in the absence of sufficient proof of use of power in manufacturing process, is not tenable for the purpose of determining the ESI contributions by covering the firm under the Act.
Employees' State Insurance Corporation vs.Tower Readymades, Nagercoil, 2014 LLR 34 (Mad. H C).
- 1 -Member having Family need nominate from amongst the family members only. Mother, if dependent may qualify for nomination, but 'Brother' not being included in the definition of 'Family' provided for in Para-2 (g) of the EPF Scheme, 52 will no be permissible.