Hb-56Tg_hMiu_H65-t – Page 5

Is Delay the cause for Industrial Violence?

Posted on May 4, 2016May 4, 2016 by Hb-56Tg_hMiu_H65-t

The very recent incidents of Industrial Violence in the tea plantation of Assam and in Everest India Ltd in Satpur Industrial Estate, Nasik in Maharashtra need to be condemned. Such unabated violence will have to be dealt with by an iron hand. However, after reading several newspaper reports and research material on Industrial Violence in the recent past, it has come to light that in most cases violence took place when labour problems were not…

What are the various statutory compliances under Provident Fund Act?

Posted on April 19, 2016July 13, 2021 by Hb-56Tg_hMiu_H65-t

An employer under the Provident Fund Act, 1952 has to ensure compliance with the following requirements – Every employee must file Declaration and Nomination Form as given in Form 2 as prescribed under Para 33 & 61 (1) of the Employees’ Provident Funds Scheme, 1952 and Para 18 of the Employees’ Family Pension Scheme, 1971. An employer must prepare Contribution Cards in Form 3-A as prescribed under Para 35 & 42 of Employees’ Provident Funds…

Minding The Language and Harassment at the workplace

Posted on April 9, 2016July 13, 2021 by Hb-56Tg_hMiu_H65-t

In a modern Indian workplace, the use of profanity or cursing seems to be regular occurring feature given how liberal the younger work force can be with their words. An employee’s choice of language can result in legal trouble for the organization. In a recent incident, a female employee received an email from her editor. She was cursed at for not attending an office party. Offended by the abusive language used and the intent, she…

Can an Employer deny back wages on the no work no pay principle ?

Posted on March 29, 2016March 31, 2016 by Hb-56Tg_hMiu_H65-t

When Termination of service of employee is held to be illegal and the employer does not reinstate him in service, the employer cannot deny the claim for his back wages, relying on the principle- “No work No pay”. The Supreme Court recently in Shobha Ram Raturi vs. Haryana Vindhya Prasaran Nigam Ltd & Ors (2016| CLR 228) ruled on the question of reinstating back wages when the termination of an employee was found illegal. The…

Deloitte First to Introduce 26 Week Maternity Leave

Posted on March 28, 2016March 31, 2016 by Hb-56Tg_hMiu_H65-t

While the Labour Ministry is still finalizing the amendment to extension of the maternity leave under the Maternity Act from 12 to 26 weeks, Deloitte declared its maternity leave policy last month. The 26 week long leave comes as a move to counter an absence of women in top leadership positions. Deloitte is one the first, of the big four (KPMG, PWC and EY) to declare the policy, and the other three shall follow suit…

Disciplinary action against employee

Posted on March 25, 2016February 21, 2018 by Hb-56Tg_hMiu_H65-t

Disciplinary Actions are those which are taken by an employer against his employee for misconduct committed by the employee within the establishment and in certain circumstances, even outside the premises of the establishment. In keeping with Principles of Natural Justice, every employee who has been charged with any misconduct must be given an opportunity of being heard and explaining his actions before his employer, this opportunity is given to an employee during disciplinary action. The…

Delay in commencing proceedings under Section 14B of the Provident Fund Act – does it waive the responsibility of a Company from making contributions?

Posted on March 25, 2016February 21, 2018 by Hb-56Tg_hMiu_H65-t

As per Section 14B of the Provident Fund Act; “Where an employer makes default in the payment of any contribution to the Fund the Pension Fund or the Insurance Fund or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17 or in the payment of any charges payable under any other provision of this Act or of any Scheme or Insurance…

Maternity leave available for women attain motherhood through surrogacy.

Posted on March 22, 2016June 2, 2016 by Hb-56Tg_hMiu_H65-t

The Bombay High Court recently granted maternity leave to a woman who had attained motherhood through surrogacy. The Court relied upon the judgment of Nagpur Bench of Bombay High Court in the case of Dr. Mrs. Hema Vijay Menon v. State of Maharashtra & Ors, wherein it was held, “A woman cannot be discriminated, as far as maternity benefits are concerned, only on the ground that she has obtained the baby through surrogacy. Though the…

Can the assets of an establishment, already pledged to a bank against loans, be sold to clear Provident Fund dues?

Posted on March 9, 2016April 21, 2016 by Hb-56Tg_hMiu_H65-t

In Maharashtra State Co-operative Bank Ltd. V/s The Assistant Provident Fund Commissioner, 2009 the Hon’ble Supreme Court, was faced with the question of whether the sugar bags pledged by two sugar mills in favour of the appellant-bank as security for repayment of the loan together with interest could be attached and sold for realization of the dues of provident funds etc. payable by the employer i.e., the management of the Sugar Mills under the Employees’…

Is it necessary under Indian employment laws to have Employment Agreement between the Company and its Sr. Executives? If so, should it be stamped?

Posted on March 9, 2016 by Hb-56Tg_hMiu_H65-t

Although the terms of employment of the Executives are not governed by statute or statutory rules under Indian employment laws, it is essential to have an Employment Agreement between the Company and it’s Senior Executives. The provisions of Indian Contract Act shall be applicable since the terms of employment are required to be decided by way of agreement. Recent trends show that the Senior Executives leave their jobs without notice and sometimes even join competitors…

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