DearSeniors, Can we de-mote any employee by his designation and salary. Is there any legal issues related to same for the pf and esic.
From Anonymous Proxy,
From Anonymous Proxy,
Good morning,
If it allows you to share , can you give us a background to the case ? Preliminary information for the situation is vital. Not every de-motion can be legal. However, may be required in case of any non-adherence and fraudulent activities.
Please share so that we can guide you accordingly !
From India, Mumbai
1858If it allows you to share , can you give us a background to the case ? Preliminary information for the situation is vital. Not every de-motion can be legal. However, may be required in case of any non-adherence and fraudulent activities.
Please share so that we can guide you accordingly !
From India, Mumbai
1. Dear member, reversion to lower post and consequent reduction in salary/wages are the legal issues and may result into industrial dispute/court case in view of the provisions contained under the approved Standing Orders of the establishment or as per principles of natural justice. Therefore, in my opinion, before proceeding for such action, suitable procedure is required to be followed by the employer/ disciplinary authorities.
2. There are no legal issues involved in respect of EPF and ESI in case an employee is reverted to a lower post or his salary is reduced. However, in case the said employee is not covered under above enactments, then he is required to be covered if his said reduced "wages" are within coverable limit as laid down under said enactments.
3. Rest, as suggested by (Cite Contribution) above, it would be more better if you share complete facts in the matter as above.
From India, Noida
2. There are no legal issues involved in respect of EPF and ESI in case an employee is reverted to a lower post or his salary is reduced. However, in case the said employee is not covered under above enactments, then he is required to be covered if his said reduced "wages" are within coverable limit as laid down under said enactments.
3. Rest, as suggested by (Cite Contribution) above, it would be more better if you share complete facts in the matter as above.
From India, Noida
Dear all,
Designational demotion to old post depending upon his performance or any other valid reasons duly proved can be done without any hesitation but as far as reduction in remunerations are concerned, it is not allowed in certain labour laws like Payment of Wages Act, Employees Provident & Misc. Provisions Act etc. unless or otherwise the demotion is legal in the eyes of prevailing law. However, his further increase in remunerations can be stopped freely.
P K Sharma
From India, Delhi
Designational demotion to old post depending upon his performance or any other valid reasons duly proved can be done without any hesitation but as far as reduction in remunerations are concerned, it is not allowed in certain labour laws like Payment of Wages Act, Employees Provident & Misc. Provisions Act etc. unless or otherwise the demotion is legal in the eyes of prevailing law. However, his further increase in remunerations can be stopped freely.
P K Sharma
From India, Delhi
Person was on official tour and he misguided while daily reporting, he was not on the site but making us a fool.
From Anonymous Proxy,
From Anonymous Proxy,
De-motion or reversion can be done of a promotee only but not of a direct recruitee in a higher post. See Nyadar Singh v Union of India decided by Apex Court and later decisions. Thanks Sushil
From India, New Delhi
From India, New Delhi
Demotion can be done by following due process as laid down in your organisation and consistent with natural justice.
There are no issues with EPF or ESIC in connection with demotions which are purely administrative issue of the individual and company concerned.
From India, Pune
There are no issues with EPF or ESIC in connection with demotions which are purely administrative issue of the individual and company concerned.
From India, Pune
Dear sir,
De motion of an employee is very tricky issue, will make us to catch by the law. If you are not willing to have a person, make himself to leave from the position. Before that, accumalate supporting papers as against his performance and duties and behaviour.>>>>>>>>>>>>>>>>>..sekar
From India, Chennai
De motion of an employee is very tricky issue, will make us to catch by the law. If you are not willing to have a person, make himself to leave from the position. Before that, accumalate supporting papers as against his performance and duties and behaviour.>>>>>>>>>>>>>>>>>..sekar
From India, Chennai
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