Professional Documents
Culture Documents
Workers in boards initiative by Labour Secretary Disability provision wont apply to private firms, says Court Labour unrest at Hyundai - no more reinstatement 93% Indian employees ready to work abroad Bank wage settlement 5 lakh jobs in 4 sectors in one year Working 3-4 hrs extra daily is dangerous Attrition on the rise in top IT Cos. Hiring on rise High salaries only after centre NOD Mahindra Satyam reeling under severe attrition In US job market realignment, some left behind Women CEOs salary booming ESI to enter electronic era Single data point Hartal waiver for three years - sought in Kerala Tea workers demand hike in wage Public sector banks in the dock over minimum wages 31,000 more in 2010-11 by Public Sector Undertakings Offer incentives to private sector to employ disabled : Panel
Case Study
Overtime whether attracts bonus Principle of no work, no wages to an employee Dismissal and removal Adjustment of notice pay not permissible Annual increment obligation of employer Equality for working hours office vis--vis factory Enquiry when can be dispensed with Parity in wages at head office and factory not necessary Transfer clause drafting of One who breaches the bond, has to pay damages
Pro-forma suggested for application form for engaging as a trainee Pro-forma suggested for letter of appointment to a trainee engaging him for a specified period Pro-forma suggested for agreement between a firm & the manager on salary plus commission on profit Pro-forma suggested for notice of discharge to a temporary employee Pro-forma suggested for transfer order Pro-forma suggested for a letter to an employee who fails to comply with transfer
Employees State Insurance (Central) Amendment Rules, 1950 (Ceiling Rs.15,000) (20.4.2010) Employees Provident Fund Organisation, Mumbai (e-payment) (4.5.2010) Employees Provident Fund Organisation (Common challan form for PF and ESI dues) (10.5.2010) Employees Provident Fund Organisation (implementation of National Electronic Fund Transfer (NEFT)) (16.5.2010) Trade Unions Act to be amended
HR Scenario
HR reforms in Reserve Bank of India TCS not to hike freshers salaries ICICI Bank to hire about 7000 in 10-11 Airline industry set for more hiring Retail to create 2 lakh jobs a year Attrition on the rise in IT Cos. Competition raising salary bar in insurance sector India Inc may ramp up hiring by 15 per cent in FY11 : E&Y Management training for NGOs by IBS
HR Workplace Solutions
Experts see 5 lakh jobs by March next Police verification of labour mandatory in Gurgaon Pilots of all airlines form union IDBI officers move variable pay challenge new Service Rules India Inc plans 11% salary hike Bajajs Chakan plant workers join union Incentives for tea pluckers revised Draft norms for CEOs pay Over 100 firms looking to recruit ISB students : Dean Hiring steadily improving : Naukri.com 28 mn new jobs can be created by manufacturing sector 28 percent of worlds workforce from India by 2020 Divestment Coal India to be opposed by mines Pink slips over, now BPOS look for retention! Salary hikes, promotions in Infosys cost Rs.590 crores
Case Study
Minimum wages - central or state rates Legitimate deductions from wages Types of leave and its availability Increments when not imperative Attendance during suspension & components Termination of probationer not violative of section 33 of ID Act Significance of working days for bonus Confirmation of probationer when automatic
Pro-forma suggested for appointment letter for offering managerial position Pro-forma suggested for notice of discharge to a probationer Pro-forma suggested for charge-sheet for unauthorised absence from duty
The industrial disputes (amendment) bill, 2009 (19.2.2009) The employees state insurance (amendment) bill, 2009 (30.7.2009)
HR Scenario
India Inc is hiring more Power sector needs HR charge Brisk hiring by Standchart Talented employees looking for change! Indian employees most mobile!
HR Workplace Solutions
IIM-A student bags Rs.1.6 crore package Infosys to hike salaries in April ITDC told to give priority to ex-workers Companies walk a hiring tight rope : survey Most non-IT sectors to see salary hikes : Hewitt survey Students of DU get job offers Trade unions up in arms against asbestos import Pro-CITU workers in tea estates a worried lot Airlines resume hiring Andhra forms task force for protection of industries 1 mn new jobs to be created in 2010-11
Women in PSUs more satisfied Women employees offered flexitime Convergys to hire over 1k in three months Shops asked to get themselves registered free of cost TCS to increase salaries this fiscal
Right to strike not fundamental Quantum of punishment Availing of leave by the employees Procedure of availing leave by the employees Suspension allowance - HRA part of wages Non payment of one months notice or pay at the time of retrenchment consequences of Withdrawal of privileges formalities therefore Consequences of receiving terminal dues Procedure for payment of gratuity Payment of bonus probationers entitlement
Pro-forma suggested for medical examination report of a candidate who has been appointed Pro-forma prescribed under the Employees Provident Funds Scheme, 1952 Pro-forma prescribed under the Payment of Gratuity Act & the Rules, 1972 Pro-forma suggested for charge-sheet to a cashier for defalcation of money Pro-forma suggested for notice/order of retrenchment
Case Study
Revised Minimum Rates of Wages in Delhi W.E.F. 1.2.2010 Employees State Insurance (Central) Rule, 1950 (26.2.2010) Employees State Insurance Corporation- New Amnesty Scheme 2010 for withdrawal of criminal cases (2.3.2010)
HR Scenario
TCS to hire 30,000 staff next fiscal Highest pay offer at ICAI up 3-fold India Inc may hire more Infosys moves to woo staff Manufacturing may create 28 million job by 2015
HR Workplace Solutions
Govt. plans to raise gratuity ceiling limit for Pvt. Sector at Rs.10 lakh Govt. for dialogue to curb misuse of labour law Delhi hiring prospects low, Pune tops list Senior bank executive held for sexual harassment What are average salary hike/increment projections for Indian industry in 2010? Kerala nurses seek better wages and working conditions Auto pay to hikes ABAVP set to float own tea garden trade union Experts to go into workers problems due to meltdown Worker shortage hits tea sector Wage pact between port union, ports association and labour ministry signed Labour Minister asks States to constitute Social Security Boards Set up group to address workers problems Performance-based bonus for sugar mill workers in Haryana
Case Study
Labour Problems & Their Solutions Restraint post termination of service - not valid Break in service - repetition not legal Forfeiture of gratuity on moral turpitude Lay-off dues to non-availability of finances - not permitted Doctrine of equal work, equal pay interpretation of Discrimination in working hours Industrial dispute relevant during pendency Certified Standing Orders effective for new comers Wages for gratuity Voluntary resignation what is Fixation of festival holidays Language for drafting termination letter
Pro-forma suggested for appointment letter for executive human resource development Pro-forma suggested for warning letter after enquiry when the employee admits the charges and tenders apology Pro-forma suggested for notice to an employee to attend duty regularly Pro-forma suggested for notice to the charge-sheeted employee about holding of enquiry Pro-forma suggested for intimation by the enquiry officer to the employer for allowing the representative of the charge-sheeted employee
Workmens Compensation (Amendment) Act, 2009 (18.1.2010) Payment of Gratuity (Amendment) Act, 2009 (31.12.2009) Revised Minimum Rates of Wages in Maharashtra (w.e.f. 1.1.2010)
HR Scenario
Jobs are back again BoA on hiring spree in Asia-Pacific Let the good time begin with perks 20% hike likely in pharma staff IT major firms up larger, smarter hiring BPO industry on hiring mode
HR Workplace Solutions
Plan panel seeks views on flexible labour laws Highly paid jobs to be excluded from workman purview Jute sector worst violator of labour laws Union against tax on saving withdrawal Employee stock options more than double in 2009 over the previous year Strike costs jute industry Rs.1,200-crore Security agencies in Delhi to have licence Boom in construction, communication, banking & insurance has created lakhs of low-skill jobs Salary hikes, bonuses back in business 1 per cent Welfare Cess on constructions Sexual harassment draft bill review
Probationer entitled to Minimum Wages Employee vis--vis contractor Abandonment Holding of enquiry and maintaining register Standardization must precede to notice of change No VDA - When wages are more than minimum rates Termination of a permanent employee by three months notice validity of Transfer of an employee - Does not amount to change in conditions of service Interpreting industrial establishment - Only workmen are to be counted Advocate as an enquiry officer Termination of a probationer - holding of enquiry not imperative No work no wages - when applicable
Case Study
Pro-forma suggested for application for allowing flexi-time working Pro-forma suggested for letter of appointment for allowing flexi-time working to an employee Pro-forma suggested for application for working from home Pro-forma suggested for letter allowing working from home Pro-forma suggested for appointment letter for an expat Pro-forma suggested for an advisory letter to an employee to observe regularity in attendance Pro-forma suggested for a notice of change of starting new shift in a factory when there are certified standing orders under the Industrial Employment (Standing Orders) Act, 1948, no such notice is necessary Pro-forma suggested for show cause notice to employee as to why appropriate punishment should not be awarded on the basis Pro-forma suggested for a notice to an employee who has been absenting unauthorisedly but his name appears on the pay roll
Employees State Insurance Corporation - Timely submission of declaration forms in request of employees joining insurable employment (23.12.2009) Employees State Insurance Corporation- Disbursement of Permanent Disablement Benefit & Dependant Benefit to the Beneficiaries through Electronic Clearing System (ECS) w.e.f. 1.1.2010 (29.12.2009) Employees State Insurance Corporation- Delegation of Powers of the Director General to RDs/Directors/JD I/cs. In respect of ESB (13.1.2010)
HR Scenario
Stifling anger at work can be disastrous Corporate staff spend 1 hr assessing Orkut, Facebook : Assocham Hiring gains steam after a lull Pharma staff to see 12% salary hike IT firms are hiring on coming out of recession Indian, Chinese employees to get Rs. 23,000 Bonus from Intel Indian employers most optimistic about hiring staff: Manpower CII Model guidelines for employers
HR Workplace Solutions
Industrial disputes amendment bill tabled in Parliament Workmens Compensation Act to be Employees Compensation Act
Labour intensive sectors to get special package Minor girls continue to toil despite child labour ban Google worlds most attractive employer Job lost in diamond industry Unions scout for members among job guarantee scheme workers SAIL, workers agree on new pay settlement Bank staff to get 17.5% salary hike Annual employment report expected by March IRDA may cap CEO salary at Rs.1.5 cr Drop in labour disputes Wipro to hire 5,000 immediately Bihar PG women get jobs Women workers demand fair share CITU demands removal of bonus ceiling Contract workers task force Manpower shortage affects Karnataka coffee output 5 lakh jobs created in India: ILO
Case Study
Representation in enquiry through a lawyer Preliminary enquiry before issuing of charge-sheet Implications of a settlement and formalities therefore Confirmation of a probationer Continuous service - significance of Repeated breaks in service - not justified Calculation of accident compensation
Pro-forma suggested for an application form by a candidate for engaging as a trainee Pro-forma suggested for letter of appointment to trainee engaging him for specified period Pro-forma suggested for a letter of appointment as an employee to a trainee who complete his training Pro-forma suggested for a notice when an employee quits the employment after giving undertaking alongwith the surety
HR Scenario
Increase in wages may insufficient for retention Industry to generate new jobs Job seekers smile again as 25-50% surge in hiring seen next yr-end
Infosys Oracle tie-up for HR platform All students from IIM-K get placed Road to recovery : Companies to start campus recruitment in December Hiring in tech firms picking up - employees ebullient HR practices report in public sector banks by March
HR Workplace Solutions
- Punctuality begins at home - NTPC employees get Vishwakarma awards - Trade unions for law on CEOs salary - Coming soon double digit salary hikes : Mercer study - PM is pro-labour rights, says CPI leader - CBI arrests PF officials for taking bribe - Companies free to decide on CEO salaries - Job creation can make country competitive, CII Chief - UPA revives states SEZ laws to ease labour woes - Govt. not to decide on exit policy yet - Mukherjee
Case Study
- Principal Employer to ensure minimum wages are paid - Failure to obtain licence - consequences of - Language of the disciplinary proceeding - Action for forming of trade union - Manager whether a workman
Model Forms & Precedents - Pro-forma suggested for a letter to be issued to an employee for sending him on deputation - Pro-forma suggested for forfeiture of gratuity of an employee - Pro-forma suggested for when the workers are either staging demonstration or
disturbing the cordial atmosphere of the factory - Pro-forma suggested for when the workers are violating the terms of settlement - Pro-forma suggested for charge-sheet when an employee as transferred fails to comply with - Pro-forma suggested for a notice to cause why punishment of dismissal from service should not be imposed when the charges as levied have been proved and the enquiry report is also enclosed - Pro-forma suggested for form of acceptance of appointment by employee (There is no such practice in obtaining separate acceptance from an employee, yet we are giving a proforma) - Pro-forma suggested for charge-Sheet (General) - Pro-forma suggested for warning letter to an employee found drunk while on duty
HR Scenario
- India Inc resumes hiring amid recovery signal - 5.8 mn new jobs in ITES - IT Cos hike pay as market picks up - Anil top-paid executive despite austerity drive - Renewal of global HR to create more jobs - Satyam to resume hiring - Hiring up in banks - Infy ups hiring target - HR meet stresses clarity of goal - Public sector banks set for recruitment binge
HR Workplace Solutions
- Jobless Pilots Form Union - Tata Motors, Union Ink Bonus Agreement - Resotre our jobs or well jump - Unions Unite To Protect Jobs - 21% To 34% Net Employment Outlook - Variable Pay Back At Mahindra Stayam - Apprentices, Probationar Officers Being Recruited By Banks - India Inc Against Layoffs : Pwc Survey
- Power of adjudication under Section 11A - Who is a supervisor - Sexual harassment action for - Transfer non compliance of - whether a misconduct - Police protection to an employer against violence by workers
- Pro-forma suggested for a letter when an employee fails to comply with the transfer order - Pro-forma suggested for when an employee is posted on deputation - Pro-forma suggested for when an employee fails to comply with the instructions in reporting at the place where he was deputed - Pro-forma suggested for a charge-sheet for slowing down work in a concerted manner - Pro-forma suggested for order of suspension as punishment after an enquiry is held and charges proved against the employee - Pro-forma suggested for order for revocation of suspension when the worker is acquitted by the criminal court - Pro-forma suggested for acceptance of appointment by an employee (there is no such practice in obtaining separate acceptance from an employee, yet we are giving a proforma) - Pro-forma suggested for letter of warning to a worker for inefficiency - Pro-forma suggested for notice to an employee absenting without leave for sending explanation and affording an opportunity for personal hearing - Pro-forma suggested for notice to an employee absenting for a specific period of days continuously without sanction of leave
- The Employees Pension (Second Amendment) Scheme, 2009 (23.7.2009) - The Employees Pension (Amendment) Scheme, 2009 (23.7.2009) - The Employees State Insurance (Amendment) Bill, 2009 (30.7.2009) - The Workmens Compensation (Amendment) Bill, 2009 (30.7.2009) - The Employees State Insurance Act, 1948 (20.7.2009) - Revised Minimum Rates of Wages in Delhi w.e.f. 1.8.2009 - Revised Minimum Rates of Wages in Haryana w.e.f 1.7.2009
Case Study
HR Scenario
- India most bullish on hiring plan - Three lakh jobs by 2012 - to be created by SPL Textiles - Infosys freezes pay hike - 2,000 to be added by Stanchart by year-end - Retail goes to hire as footfalls rise - More firms to reverse salary cuts and freezes - West Bengal scraps it hub project - Its back to business as hirings return
HR Workplace Solutions
Labour inspectors to be replaced by company secretaries Workmens compensation bill introduced in LS Labour department sends notice to DMRC Earn, while learn at ITI
Domestic helps to get skill training ESIC to issue smart cards to insured members Reinstatement of staff demanded by Gurgaon workers Sikh/scribe who flung shoe sacked Maternity leave for adopting children - only in govt. & public sectors CM for minimum wages to domestic helps Identity cards to the workers in Tanil Nadu Gem workers wages rise Tea gardens in WB to be reopened Labour laws should protect the workers rights Labour-intensive exports emphasised in new trade policy More jobs in June than in may Air India wage restructure Upgrading of skill for domestic workers Fake experience certificates land teachers in trouble SBI staff seek hike in remuneration Sexual harassment law to be amended Railway staff to get 75 days bonus Shram awards to 52 employees Ministers intervention on wage revision by port workers Amendment of Mines Act opposed
Labour Problems & Their Solutions - Payment of gratuity without compliance of the Act - not permissible - No forfeiture of gratuity - on retirement - Set off of gratuity against dues not permissible - Permission not necessary for transferring an office-bearer - Notional extension under the Workmens Compensation Act meaning of - Reduction of wages and working days not permissible - Criminal as well as domestic proceedings can take place simultaneously - Employers liability for compensation on accident when an employee is on out side/field duty - HRA is wages for suspension allowance - Transfer clause - precaution to be taken while drafting - Retrenchment notice of change - Accident on road - employers liability for compensation - Charge-sheet - guidelines for its drafting
Case Study
- Pro-forma suggested for a letter of appointment as a trainee and thereafter as an employee for a specified period with a surety bond - Pro-forma suggested for a charge-sheet for disobedience by an employee to comply with instructions of his superior - Pro-forma suggested for when a bus driver is guilty of rash and negligent driving - Pro-forma suggested for advisory letter when an employee came on duty while he was drunk - Pro-forma suggested for resolution for an appointment of manager as an occupier under the Factories Act - Pro-forma suggested for a letter offering job to a trainee after completion of his training - Pro-forma suggested for letter for extension of probation period - Pro-forma suggested for when an employee is absenting and is asked to report alongwith explanation - Pro-forma suggested for charge-sheet for sexual harassment
HR Scenario
- 55% of Indians believe job prospects will improve -Top B-Schools see hiring buzz again in early placements - Meltdown impact on jobs waning : govt. - Religare arm on a hiring spree - Management and not slowdown is the issue - Small cos may provide 69 lakh jobs by 2012 - Hiring signal reviving - XLRI08-10 batch bags 20 PPOS - More work in less pay is the mantra in crisis - Rural jobs web site opened - Government to set up 50,000 skill development centres - India Incs hiring up in July : Naukri.com
HR Workplace Solutions
Delhi CM wants minimum wages for domestic helps Professional Tax Act amended in Maharashtra ESIC Act to be amended Humour at work place and satisfaction AI wont sack staff Labour unrest forces Kanpur jute mill to shut down again SESs not excluded from labour laws Law for sexual harassment proposed Road map for work place safety Bengal to take stringent steps against violators of statutory norms ESI upon private institutions & hospitals in Haryana Bengal govt. to implement amended labour laws Delivers best returns on provident fund by state bank of India Rajas plea for plantation workers Labour minister proposes amendment in ESI Act Govt. message to PSU employees 20 hospital staff attempt suicide Govt. unwilling to wage hike for bank employees Govt. weighs unemployment cover through state insurers Employing kids Housing for industrial workers in Tamil Nadu
PF Undate
Termination for loss of confidence Deposit of decreed gratuity - interest and rate for filing appeal Transfer without supporting clause Remission of unpaid bonus duty of employer Sub contractor - licence - mode of payment under Contract Labour (Regulation & Abolition) Act Holding enquiry despite promotion no bar Charge-sheet vis--vis show-cause notice Refusal to work action for
Pro-forma suggested for an appointment advice when an employee is offered employment after his selection Pro-forma suggested for letter of appointment issued to a candidate offering him a job purely on temporary basis Pro-forma suggested for a charge-sheet to a worker who has instigated other workers to stop work and stage demonstration at the premises of the factory Pro-forma suggested for a letter to an employee intimating that his explanation to the charge-sheet has not been found satisfactory and an enquiry has been ordered by the management
Pro-forma suggested for a notice of retrenchment to be given by an employer under clause (c) of section 25f of Industrial Disputes Act, 1947 Pro-forma suggested for charge-sheet for habitual absence from duty Pro-forma suggested for order of confirmation of a probationer on completing the probationary period satisfactorily Pro-forma suggested for appraisal of an employee Pro-forma suggested for a letter of warning to an employee for over-staying of his sanctioned leave Pro-forma suggested for warning (when a worker neglects his duties)
HR Scenario
SBI promises foreign posting to lure staff Salary hikes to attract diamond unit workers 1,500 ITIs, 5,000 skill centres likely to come up on PPP basis 12% rise of job index up in Kolkata Mobile technology boosts efficiency Hiring edges up despite caution High-level job seekers see good in recession 58 m jobs in eleventh plan Employment of women rising in top ITeS Higher wages, more work attract labourers Hiring likely to improve in next one year: survey News roundup More hiring expected this year : study 11% salary rise likely in sunrise sector
HR Workplace Solutions
Trade unions urge for public investment Haryana Labour Commissioner strives for industrial peace Expats offer to take pay cut to stay on More foreigners to be hired by it companies Indian employers most bullish on hiring plans ECS for provident fund settlement Forced labour most prevalent in South Asia Steps to curb child labour Labour ministry raises red flag over illegal Chinese workers Social security scheme for construction workers : Kharge Satyam floots pool plan to cut staff cost Domestic servants to gain MBA-like advantage, thanks to ILO scheme LIC wage talks fail Labour reforms soon Unemployment workers buy nylon plant Check-list state welfare Acts in some states
PF Update
Case Study
Resignation - its acceptance and burden of proof when challenged Working days - for payment of bonus Dismissal for failure in carrying on assignment justified Challenging retrenchment after receiving compensation Termination by an authority not competent consequences Loss of confidence in an employee & his termination For misconduct other than as defined in standing orders - no action can be taken Theft by a workman amount immaterial for his dismissal
Pro-forma suggested for a letter of appointment to a sales representative Pro-forma suggested for an advisory letter to an employee intimating about his habitual absence Pro-forma suggested for a warning to an employee for his unauthorised absence Pro-forma suggested for final warning to an employee who has not improved his attendance despite advisory letter and warning
Pro-forma suggested for a charge-sheet to an employee for his habitual absence Pro-forma suggested for a letter/reply to a trade union, threatening to stage demonstration at the premises of the establishment Pro-forma suggested for an advisory letter to an employee who refuses to accept a letter/memo Pro-forma suggested for general notice for observing punctuality in attendance Pro-forma suggested for advisory memo Pro-forma suggested for first letter of warning for negligence Pro-forma suggested for second letter of warning for negligence Pro-forma suggested for draft for sanctioning interest free car loan by a company to an employee Pro-forma suggested for a letter reverting of an employee who was provisionally promoted Pro-forma suggested for a notice of discharge of an employee who has been guilty of misconducts which has been proved against him in the enquiry as held against him
HR Scenario
One in three employers face talent crunch BPO revival soon One crore jobs to be created in textiles sector, says Maran Manpower employment outlook survey 10,000 plus overseas jobs in last 6 months by IT firms Govt. takes a cue for performance appraisal from private sector 3,000 to be hired by metro Indian BPO on hiring spree 12,000 employees to be recruited by aegis Hiring of direct workers improves : survey RMSI on top as Indias best companies to work for 2009 Pay packages zoom at top 3 firms When people are biggest assets Job market improves : study
HR Workplace Solutions