Labour Law - Factories Act

NO. AS PER THE GRATUITY ACT, EMPLOYEE SHOULD COMPLETE FIVE YEAR SERVICE CONTINIOUSLY.
Prakash Salunkhe

An employee is a member of Employee Family Pension Fund Scheme. He superannuates after completing 33 years of continuous service and having a pensionable salary of Rs. 12000 p.m. Calculate the monthly pension he is entitled to recieve under the scheme.

"It is not obligatory to appoint a presenting officer in the part of an employer in a domestic enquiry"
Comment on this statement giving legal reasons.

Dear Shaziaa,
Employee shall be Eligible for Superannuation pension. Pls find the calculation below for new entrant:
1. Under section 10(2) EPS 1995, since 33 year is completed. His pensionable service shall be increased by adding a weightage of 2 years. Hence he shall be eligible for a pensionable service of 35 years.
2. Under Section 11(3) maximum pensionable salary shall be limited to Rs. 6,500/month
Hence montly pension he is entitled is = (35 X 6500)/70 = Rs. 3,250/month
You have not mentioned whether the employee was a member of ceased Family Pension scheme or not. If yes then the calculation would be different. Pls revert if calculation is required.
Regards,
David

Dear Mr. Khola,
This applies only after an employee completes the qualifying criteria of 5 years.
Regards,
Vasant Nair

NO.He will not get compensation as his death is not ocurred during working hours. If personal injury is caused to a workman by accident ' arising out of and in the course of his employment',' his employer shall be liable to pay compensation in accordance with the provisions of the chapter II OF THE wORKMEN'S COMPENSATION ACT,1923.

As per Section 3 of the W.C.Act,1923 the employer is not liable to pay compensation to his nominee, because the death has occured after the working hours and further due to heart attack while sleeping in the bus, which he was not suppose to do.
" If personal injury id caused to a workman by accident ARISING OUT OF AND IN THE COURSE OF HIS EMPLOYENT, his employer shall be liable to pay compensation in accordance with the provisions of the chapter II of the W.C.Act,1923.

for payment of bonus, a employee / worker need to work for atleast 30 days in the financial year.

The Payment of Bonus Act provides the maximum bonus limit is 20% only. The agreement iis not valied in the eyes of the law.Section 11 (1) provision have to be taken into consideration before entering into an agreement.Sec 31-A provides special provision with respect to payment of bonus linked with production or producitivity. Here also the proviso is subs. by Act 66 of 1980 stipulate that such employees shall not be entitled to be paid such bonus in excess of twenty percent of the salary or wage by them during the relevent accounting year.

• I am throughly confused by the post and responses given by citehr members.
• Law generally stipulates the minimum and maximum limits for the payment of certain wages and benefits to employees. Getting what is stipulated as minimum in act is employees right and if not paid it is a violation of law. Maximum limits are stipulated to protect the employer's liability, and employees can not demand more as their right. But in case a employer is willing to pay more than what is prescribed as maximum (20% Bonus, in instant case), it can not be treated as illegal.
• If at all payment of bonus in excess of 20% is violation of law, then what is penalty / punishment for this violation ? Can both employer and employees be penalized for this violation ?
• There are many live examples where bonus in excess of 20% is being paid. Do you mean it is a violation of law and it is illegal ?