Hi Supriya
The book details pasted by Shri Yogesh Kulkarni may confuse more rather than giving a one liner reply. Mr.V.Harikrishnan, Joint Commissioner of Labour(Retired) has given u the best possible answer in a very simple language. Please correlate the contents as applicable to your establishment.
Thanx
(Rajiv Ranjan)
Sr Admn Manager,
Indian Oil
From India, Faridabad
3The book details pasted by Shri Yogesh Kulkarni may confuse more rather than giving a one liner reply. Mr.V.Harikrishnan, Joint Commissioner of Labour(Retired) has given u the best possible answer in a very simple language. Please correlate the contents as applicable to your establishment.
Thanx
(Rajiv Ranjan)
Sr Admn Manager,
Indian Oil
From India, Faridabad
yogesh what is the question is been asked and the clarifycation from ur end is good in length wise with no proper information..........
anyway thank you....atleast u could copy from the record..
praveen
HR-VC
microsoft
From India, Bangalore
anyway thank you....atleast u could copy from the record..
praveen
HR-VC
microsoft
From India, Bangalore
Dear Mr Harikrishnan & All
It would be nice to have people like you having good exposure to industries and labour laws to be on this platform to guide and answer queries.
How nice it would be if people in power (In labour offices) help industries to undestand the laws and help them to comply with regulations instead of posing them problems ! (now you are retired and what was your experience when you were in service when employers approached you - please share your experience)
Regards
K.Ramachandra
Bangalore
It would be nice to have people like you having good exposure to industries and labour laws to be on this platform to guide and answer queries.
How nice it would be if people in power (In labour offices) help industries to undestand the laws and help them to comply with regulations instead of posing them problems ! (now you are retired and what was your experience when you were in service when employers approached you - please share your experience)
Regards
K.Ramachandra
Bangalore
Hi All
In the context of termination by employer, I would like to add on the contents of Mr.V Harikrishnan
- If you are in non-officer category, you can approach the Labour Court/Industrial Tribunal designated to decide such cases. However, if you are an officer and not a workman as defined in ID Act, the only remedy is Writ Petition.
Thanx & Regards
(Rajiv Ranjan)
Sr Admn. Manager, Indian Oil, Noida
From India, Faridabad
In the context of termination by employer, I would like to add on the contents of Mr.V Harikrishnan
- If you are in non-officer category, you can approach the Labour Court/Industrial Tribunal designated to decide such cases. However, if you are an officer and not a workman as defined in ID Act, the only remedy is Writ Petition.
Thanx & Regards
(Rajiv Ranjan)
Sr Admn. Manager, Indian Oil, Noida
From India, Faridabad
Dear Mr.Rajiv Ranjan
A writ can be issued only against the "STATE" meaning thereby a Government or Governmental Authority. In certain cases writs were issued against undertakings owned fully by the Government or under the control of the Government like statutory corporations, banks etc. But definitely a writ cannot be issued against a private employer whether it is a proprietorship or partnership or public limited company or a private limited company. A writ is issued when a Statutory Authority fails to discharge its statutory functions or exercises its statutory function in a wrong way. PRIVATE EMPLOYERS DO NOT DISCHARGE STATUTORY FUNCTIONS AND A WRIT CANNOT BE ISSUED TO THEM MUCH LESS IN A CASE OF DISMISSAL. If an individual who does not come within the ambit of the definition of the term "workman" as defined under the Industrial Disputes Act is dismissed,the only remedy open to him is file a civil suit.
With regards
From India, Madras
A writ can be issued only against the "STATE" meaning thereby a Government or Governmental Authority. In certain cases writs were issued against undertakings owned fully by the Government or under the control of the Government like statutory corporations, banks etc. But definitely a writ cannot be issued against a private employer whether it is a proprietorship or partnership or public limited company or a private limited company. A writ is issued when a Statutory Authority fails to discharge its statutory functions or exercises its statutory function in a wrong way. PRIVATE EMPLOYERS DO NOT DISCHARGE STATUTORY FUNCTIONS AND A WRIT CANNOT BE ISSUED TO THEM MUCH LESS IN A CASE OF DISMISSAL. If an individual who does not come within the ambit of the definition of the term "workman" as defined under the Industrial Disputes Act is dismissed,the only remedy open to him is file a civil suit.
With regards
From India, Madras
Dear Mr.K.Ramachandra
Thanks for your remarks. In my career, I migrated from private sector to public sector and from there to Government Labour Department. Even in Government service, I had occassion to get deputed to Government of Tamilnadu undertaking to look after the Industrial Relations and Welfare functions. Moreover, the postings I got while in Government service was such that I had good exposure to issues concerning varied industries. Based on my experience I can say that generally speaking employers usually do not take the suggestions of the officials of the Labour Department at face value. The suggestions were always doubted. Moreover, when an official of the Labour Department handles an industrial relations issue, several factors might come into play. Some employers give credence to the views of the Labour Department. Anyhow it is a very difficult task, because in industrial relations issues, both the parties cannot be right and one would be on the wrong side of the law. If the officer openly expresses his views, he is likely to be branded either as anti-labour or as pro-management. However, in restrospect I feel that I had a good time in handling industrial relations issues.
With regards
From India, Madras
Thanks for your remarks. In my career, I migrated from private sector to public sector and from there to Government Labour Department. Even in Government service, I had occassion to get deputed to Government of Tamilnadu undertaking to look after the Industrial Relations and Welfare functions. Moreover, the postings I got while in Government service was such that I had good exposure to issues concerning varied industries. Based on my experience I can say that generally speaking employers usually do not take the suggestions of the officials of the Labour Department at face value. The suggestions were always doubted. Moreover, when an official of the Labour Department handles an industrial relations issue, several factors might come into play. Some employers give credence to the views of the Labour Department. Anyhow it is a very difficult task, because in industrial relations issues, both the parties cannot be right and one would be on the wrong side of the law. If the officer openly expresses his views, he is likely to be branded either as anti-labour or as pro-management. However, in restrospect I feel that I had a good time in handling industrial relations issues.
With regards
From India, Madras
Dear Harishnan sir,
Thank you for sharing your experiences. Yes, as you say, there has to be an open mind from both the employer and department side for compliance of law. Though it is not right to say, I think it is the non-compliance area that gives more knowledge than the compliance area for both the authorities and also the employers !! Because in that process of correcting, so many things are understood and ultimately the line is put straight ! Like the Anna Hazare movement against corruption that is going on, who has to clean the systems - it is we, we have to make up our minds.
Thank you again and we hope to see your valuable inputs for various issues raised on this platform,
Regards
K.Ramachandra
Bangalore
Thank you for sharing your experiences. Yes, as you say, there has to be an open mind from both the employer and department side for compliance of law. Though it is not right to say, I think it is the non-compliance area that gives more knowledge than the compliance area for both the authorities and also the employers !! Because in that process of correcting, so many things are understood and ultimately the line is put straight ! Like the Anna Hazare movement against corruption that is going on, who has to clean the systems - it is we, we have to make up our minds.
Thank you again and we hope to see your valuable inputs for various issues raised on this platform,
Regards
K.Ramachandra
Bangalore
Hello everybody,
I have recently joined a start up organization working as a Social Enterprise.
Currently they do not have any fixed date for salary. Could someone tell me how do I set up the attendance and salary system ??
Thank you
Dipti
From India, New Delhi
I have recently joined a start up organization working as a Social Enterprise.
Currently they do not have any fixed date for salary. Could someone tell me how do I set up the attendance and salary system ??
Thank you
Dipti
From India, New Delhi
What if,the salary is being delayed by 30 days or 1 month repetitively and it becomes the habit of the employer just because no one do opposes.
Is that any rule to get salary on time frame?
Or the employer has RIGHT to do so!
Because of late salary it effects employees performance too and that is been notified and it's been commented and it's been not tolerated.
If it's the reaction of getting late salary who'll do adjustment? Who'll bear it?
From India, Ahmedabad
Is that any rule to get salary on time frame?
Or the employer has RIGHT to do so!
Because of late salary it effects employees performance too and that is been notified and it's been commented and it's been not tolerated.
If it's the reaction of getting late salary who'll do adjustment? Who'll bear it?
From India, Ahmedabad
Dear Mr. V.Harikrishnan
We are manpower service provider to various government establishments, having fleet of more than five thousand personnel.
At times, because of either reason (delayed payments by the departments itself), the salaries are delayed by few days, and the departments after 7th of the month, and deducted penalties to the tune of 8% of the bill value.
Kindly advise, what are the solution available with us for the same
Regards
From India, Amritsar
We are manpower service provider to various government establishments, having fleet of more than five thousand personnel.
At times, because of either reason (delayed payments by the departments itself), the salaries are delayed by few days, and the departments after 7th of the month, and deducted penalties to the tune of 8% of the bill value.
Kindly advise, what are the solution available with us for the same
Regards
From India, Amritsar
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