Labour Law - Factories Act

smbhappy
01. Clubbing is right under the Apprentice Act,1961.
02. If conductor dies in a bus owned by the company, it amounts to that the worker died in the premises of the owner, whether on duty or not.
03. Under the Industrial Disputes Act, agreements are enforceable to Pay Bonus at agreed terms.
04. The recoveries can be made from the Gratuity for any amount due from employee or for any loss owing to any act of indiscipline.
05. Employer is liable to pay damages if the delay is unexplained. Interest is payable any way. Damages up to 100% can be imposed.
06. Eligibility for bonus is 180 day worked in a yer.
07. Eligibility for Gratuity is for 4 years and sic months of continuous service.
MANOKAVIN
Hai
Yes. Employer can apply to the Chief Inspector, two or more factories shall be treated as single factory.
MANOKAVIN
smahesh23
Clubing is not vaild. Clubing is not valid as the place of factory is differente and all the factories having their seprate identity in the office of factory officer.
suyoglabourconsultants
Hi Shaziaaa,
Definitely when employer is making payment of contribution beyond the stipulated date i.e. before 15 th day of each month, then he is liable to pay damages u/s. 14 B and interest u/s. 7Q of the EPF & MP Act 1952. The rates of damages are as under:
1 upto 2 months 17%
2. 2 to 4 months 22%
3. 4 to 6 months 27%
4. 6 months above 37%
So, by this analogy ur employer is liable to pay 27% damages on contribution due and in addition interest shall be levied @ 12% p.a.
KIRAN KALE
KOLHAPUR.
suyoglabourconsultants
Dear Galatage
No not at all, an employee should complete 5 or more years to entitle for gratuity.
KIRAN KALE, KOLHAPUR.
suyoglabourconsultants
Dear Galatage,
on completion of 30 days service for the unit which is covered under Bonus Act,
an employee shall get bonus for that Accounting year.
KIRAN KALE , KOLHAPUR.
suyoglabourconsultants
I agree with laldee, only in the case of disciplinary actions employer could cease the payment of gratuity.
KIRAN KALE,
suyoglabourconsultants
Dear Shaziaaa,
The contents of the agreement has superseded the provision of Bonus Act which quotes maximum limit of bonus by 20%, but that 30% can be bifurcated
as 20% bonus + 10% ex-Gratia payment when it is agreed by the employer through settlement.
KIRAN KALE.
yschawra
Neeta y. chawda joined as montessory teacher on date 22/09/2000, Rs;2000 fixed per month for one year probation period,& mention in appointment offer she will be confirmed after expiry of probation period, in GUJRAT MINERAL DEVELOPMENT CORPORATION LTD [a government of gujrat enterprise ]. After passed one year four month continue in service, when she demanded confirmation & all benefites from her organisation, another one year extended. She is continue in service since Nine year & awaiting confirmation and all benefites . what will the future ? pl. suggest.
vkokamthankar
Dear Mr. BNP Singh,
  • Are you sure whatever you have posted is 100% correct and in line with specific Legal Provisions. I am afraid it is not.
  • I appeal to citeher members to not to post anything related to law unless you are 100% sure about it.
  • The original query is not about Income Tax, but Mr. BNP Singh has unnecessarily included Income Tax in his reply and has created confusion.
  • I am afraid, as per the prevailing provisions under Income Tax Rules in India, no specific rebate is applicable to Bonus and entire amount of Bonus is treated as a Income. Information regarding IT Rebate on Bonus posted by Mr. BNP Singh is wrong, misleading and factually incorrect.
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