http://www.citehr.com/ Discussions Related To Employment Law | Legislation | Privacy | Corporate Law | IPR| Workers Compensation problems or other organizational legal issues. en Sat, 21 Nov 2009 00:29:43 GMT vBulletin 60 http://www.citehr.com/images/misc/rss.jpg http://www.citehr.com/ http://www.citehr.com/showthread.php?t=213307&goto=newpost Fri, 20 Nov 2009 11:24:43 GMT Recently my sister-in-law commited sucide and both-in-laws of my elder brother registered a case (aniticpatory bail was taken) against us for which... Recently my sister-in-law commited sucide and both-in-laws of my elder brother registered a case (aniticpatory bail was taken) against us for which my company had suspended me and still paying all the FULL salary(of course only half of the salary in the initial months when the incident happened). As far as my knowledge during suspension only half of the salary is supposed to be paid.

What should be the reason for paying the full salary?

They conducted my salary review with no increment in salary. I submited all the proofs to the company to prove my innocence. And they them self know that me and brother are innocent. But still they dont allow me into office.

What is this strange sitution? Why are they acting so?

When I asked the reason they are saying that I will not be allowed unless that my name doesn't appear in Charge sheet.

Are there any rule and regulations to support my self. Please help for which I will be ever thankfull to you.

Thanks
Durga Prasad ]]> deviputradurgaPrasad http://www.citehr.com/showthread.php?t=213307 http://www.citehr.com/showthread.php?t=213121&goto=newpost Fri, 20 Nov 2009 03:34:46 GMT Is it required to deduct PF on leave encashment? If possible Pl. send to sreenub77@yahoo.com Is it required to deduct PF on leave encashment? If possible Pl. send to ]]> sreenub77 http://www.citehr.com/showthread.php?t=213121 http://www.citehr.com/showthread.php?t=213090&goto=newpost Thu, 19 Nov 2009 18:02:45 GMT Experts, I need your expert opinion on the issue I am having now. An IT product organization having its headquarter in US has set up its... Experts,

I need your expert opinion on the issue I am having now. An IT product organization having its headquarter in US has set up its operations in Bangalore for "after sales support, technical support and customer care services". This has been clearly stated in the "Memorandum of Association" in the section "objects incidental or ancillary to the attainment of the main objects". Now to operate as a technical support center on the products that are developed and sold by this organization, does it require an OSP license?

I have contacted people in a reputed Professional Services Organization in Bangalore but I am not getting a clear answer from any of these people. Some say OSP license is required but some say it is not required. The catch here is if OSP license is required, the organization has to cough up huge bank deposit as security.

As I went through the DoT guidelines for the OSP license, it seems the license is required for the Call center. But to my knowledge, Technical Support organization of this Product Development organization is not a call center though it serves its customers through internet based system. There is no call coming in to this organization from the customers but it is possible that in future the organization can go for a toll free number which then can be used by customers to call to this technical support center. But currently there are no calls coming into this technical support center from any customer from anywhere.

So my burning question is after all, does this organization require an OSP license or any form of license to operate as a technical support center? If yes, why and how? I really appreciate your help and suggestions on this.

Thanks in advance.

Regards
Deep ]]> deepnaga27 http://www.citehr.com/showthread.php?t=213090 http://www.citehr.com/showthread.php?t=213089&goto=newpost Thu, 19 Nov 2009 18:01:19 GMT Dear Seniors As per *The Maternity Benefit Act, 1961* a lady has to take 6 weeks before and after. But under section 27 *27. Effect of laws... Dear Seniors

As per The Maternity Benefit Act, 1961 a lady has to take 6 weeks before and after.

But under section 27
27. Effect of laws and agreements inconsistent with this Act.- (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act:

Provided that where under any such award, agreement, contract o service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of other matters under this Act.

(2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect o any matter which are more favourable to her than those to which she would be entitled under this Act.


Now my questions are: ( please advise)

if a permanent employee wants to avail leave after delivery only ( all 12 weeks later) then in that case can she do that ?

If yes, that is if she can take the leave then

Q. in that case, if anything happens to her in office or on the way back office - will the company be liable for it ?

Q. If she can take a 12 week leave on stretch , under which act can it be justified ?

Q, what will be the process ?

Q. Under what section can she take 12 weeks at a stretch ?


If she can not

Q. under which section she can not avail 12 weeks at a stretch?

Q. can we enforce this , if yes how to enforce this ?


Looking forward to your replies at the earliest..

Regards
Tanwi







]]> Tanwi Sharma http://www.citehr.com/showthread.php?t=213089 http://www.citehr.com/showthread.php?t=213082&goto=newpost Thu, 19 Nov 2009 17:24:38 GMT Hello! I have a few questions reg the PF form 10-C. Currently, I am living in the US with my husband and while filling the PF forms, I gave my... Hello!

I have a few questions reg the PF form 10-C. Currently, I am living in the US with my husband and while filling the PF forms, I gave my parents' address for postal communication. Also, I want to have my father as the nominee. Is it fine ( or since I am married, should I have only my husband as the nominee)?

By mistake, I filled my father's name for the column "Name of the claimant" in sec 1b of form 10-C (I read in the previous posts that we need to keep it blank or fill our name). Is it ok to let it remain or should I strike it off? Reg sec 9, it is mentioned in the form to give family particulars, specifically mentioning spouse, children. Can I give the names of my husband and parents and mention my father's name as nominee?

As I am living in the US, its difficult for me to communicate with my company and send and receive postal mails in time. Please give me advice so that nothing goes wrong. Thank you so much for your help!

Best Wishes!
ManasaC ]]> ManasaC http://www.citehr.com/showthread.php?t=213082 http://www.citehr.com/showthread.php?t=213068&goto=newpost Thu, 19 Nov 2009 15:32:17 GMT Hi All, Any business undertaking which may be manufacturing or trading or Service (like hotels/hospitals) or Retailing (shops) or BPOs for these... Hi All,

Any business undertaking which may be manufacturing or trading or Service (like hotels/hospitals) or Retailing (shops) or BPOs for these organizations what is maximum working hours for a day.
If it becomes 24 hours in a day, what action can be taken for that organization as per indian labour law
Kindly guide me. ]]> kapil.bose http://www.citehr.com/showthread.php?t=213068 http://www.citehr.com/showthread.php?t=213030&goto=newpost Thu, 19 Nov 2009 11:47:29 GMT Dear All, Please help me with compliance issue of Punjab Labour Welfare Fund Act 1965. I want to know that in sec 7a of act rate of contribution to... Dear All,
Please help me with compliance issue of Punjab Labour Welfare Fund Act 1965. I want to know that in sec 7a of act rate of contribution to fund by employer and employee per month is given, is it applicable to punjab and haryana both, and if possible give sec no of act specifying its levy in punjab state.

Hoping for your help at earliest


With Regards

Divya Batra
HR- Auditor ]]> divya batra http://www.citehr.com/showthread.php?t=213030 http://www.citehr.com/showthread.php?t=213029&goto=newpost Thu, 19 Nov 2009 11:44:10 GMT Hi,

i'm having my registered office at Kolkata. Our own workshop is at Kolkata and the employees are registered under ESI Kolkata office.
But I've employed another 15 men who are working at another company's premises at Durgapur. What I want is , to have a separate subcode (at durgapur) for those 15 men to get all the benefits of ESI at durgapur itself and all the transaction to take place at ESI durgapur office for those employees .
WHAT SHALL I DO ?
Note: We dont have any site office located at Durgapur.

Ms. C. Roy
Kolkata ]]> chandroma http://www.citehr.com/showthread.php?t=213029 http://www.citehr.com/showthread.php?t=213022&goto=newpost Thu, 19 Nov 2009 11:23:46 GMT * Records to be maintained from transaction, Non profit organisation included, Suspicious transaction defined in amendment of Money Laundering Rules... Records to be maintained from transaction, Non profit organisation included, Suspicious transaction defined in amendment of Money Laundering Rules 2009


Notification No 13/2009/F.No. 6/8/2009- ES & G.S.R 816(E) dated 12th November 2009
Prevention of Money-laundering Act (PMLA), 2002 read with Rules is amended by Prevention of Money-laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Amendment Rules, 2009.


Understand the amendment in Records to be maintained from transaction, Non profit organisation included, Suspicious transaction defined in amendment of Money Laundering Rules 2009 ~ See Yes -> Yes, ACS ]]> thisisvj http://www.citehr.com/showthread.php?t=213022 http://www.citehr.com/showthread.php?t=212988&goto=newpost Thu, 19 Nov 2009 10:09:09 GMT My friend was an employee in one of the Pharma Company. She had some health problem during her pregnancy (4th Month), and was completely on bed rest... My friend was an employee in one of the Pharma Company. She had some health problem during her pregnancy (4th Month), and was completely on bed rest for 2 months (Almost 7 months). The HOD as well as HR was aware of this problem. After her delivery (almost 1 ½ yrs.) she again tried to contact her HOD, that she wants to resume again. But she was informed that there is no vacancy due to recession, and they have hired a new employee in her place. My friend has not received any intimation / notices that she has been terminated from that post or from that COMPANY.
(The Company had paid her 3months salary also)

Please guide what action my friend has to take, since she wants to work again in the same firm.



Regards,

Gauri. ]]> Gauri Vishant Bandekar http://www.citehr.com/showthread.php?t=212988