Professional Documents
Culture Documents
either useless or jerk or both. Sometimes I wonder how many times I've been called that myself.
Here are some of reasons why HR people are called useless or jerks or both:
1. Useless when they don't go beyond the transactional or administrative nature of the job that
include recruiting, timekeeping, payroll processing, records keeping and request fulfillment. People
obviously expect more from us without easing our loads with these stuffs. That's why there's
technology and automation, let's get our hands to them.
2. Useless when they fail to recognize what the employees need in order to work better. While I
believe that human resource development and performance management is everyone's job, it is an
important HR Manager's responsibility. If we are not into it now, well, we're not being very useful.
3. Useless when they fail to work with other managers in establishing usefull policies and tools for
creating a productive and efficient workplace. A lot of the policies I see circulating are hand-me-
downs, and copy-paste, no thanks to the power of technology. I think managers both HR and line,
need to sit together and start questioning the usefulness of these policies and tools and retain only
those that are useful and create new ones.
4. Useless when they ignore organizational issues that need to be resolved. Some people are
naturally conflict averse but I don't think HR can afford to be like that. We need to confront issues
and confront people if that is what is needed to make things better.
5. Useless when the HR policies they created and maintain are unclear and therefore useless. Well, if
we can't explain the policy no matter how useful we think they are, they are not.
6. Jerks when they try to accumulate too much power for themselves. I've seen this quite a number
of times. Some HR Managers tend to hog decision making specially in the area of employee
movement, disciplining and policy making. This is just wrong. The more we are able to engage other
managers in making these decisions, the better off we are in building partnerships.
7. Jerks when they block other managers developmental initiatives because they believe that
organization development is the exclusive province of HR. A line manager thought of an incentive
scheme for his staff, the HR Manager criticizes it or block it not because it's not good but because
they're not his. That's childish.
8. Jerks when they play politics with the boss by acting as the "eyes and ears" of the boss and
telling the boss how messed up the other managers are. To say that this is old school is an
understatement.
9. Jerks when they implement policies that are meant to take advantage and impinge on the rights of
the employees. Some HR Managers think that they are doing the company a favor by implementing
policies that are antilabor like, seasonal employment contracts, unfair working conditions, etc. Well,
they're not. They are setting the ground for eventual reprisal that come in many ugly forms. Besides,
their souls will burn in hell if they don't stop doing this.
10. Jerks when they behave like taskmasters, making their rounds, finding faults without
considering due process and chain of command. There is an old tagalog term called "katiwala" or
"kapatas" which loosely translates to taskmaster. The mindset of taskmasters is that everyone is
lazy, mindless and up to no good so they have to be watched over so carefully. Some HR Manager
seem to think that they inherited this responsibility which they didn't. A taskmaster job is obsolete
and an HR Manager who still does this is also obsolete.
I like the term HR Partner which I find being used more frequently now because it describes the role
of HR more closely to how I see it. partnership gives the relationship an even ground. HR is not more
or less powerful than the units they are partnering with, they are not more or less responsible and
accountable. That's what we need to be, an HR Partner.
source : anythinghr.blogspot.com
you can get lot of HR Articles on the above blog
How does the management view employee training and what do they expect from it? This
was a question which intrigued us; we wanted to understand how senior employees
looked at the training function from a strategic perspective.
This article captures our discussions with employees in Operations, Management, HR &
Training departments. We wanted to understand what companies did post the employee
evaluations, during succession planning, manpower planning, recruitment and training
budget allocation process.
The rest of the article discusses our approach and insights gained.
Common Insights
Some of the common answers we got from our discussions are:
Technology as an aid
Most executives believed that automation could be an effective enabler and help optimize
the delivery. The following were the perceived benefits of automating their training
function:
1. Competency and skill gap analysis help identify suitable training gaps. This
could be done during or post appraisals.
2. 360 feedback surveys help in identifying leadership and competency oriented
gaps.
3. Integrating Training Need Identification (TNI) with Employee Development
Plans and Training budgets could help in generating effective Training Calendars
4. CBT (Computer based training) cuts the training budgets by over 70% by
significantly reducing travel time.
5. Training effectiveness feedback that were filled by trainer, trainee and the line-
managers may help measure benefits of training.
6. Linking of PTO (paid-time-off) with Training Nominations and Calendar would
increase attendance.
7. An employee database that could capture trainings attended and no trainings
attended by employees for analysis and future planning would be extremely helpful.
I have gone through your queries and replies of experts in this regard. I am of the
view that under the law the law the only requirement is that the dispute must be a
collective dispute. A dispute can become a collective dispute, the workmen of the
industry have collective interest in the dispute i.e. if it is espoused, by substantial
number of workmen or union ether directly or through the federation to which union
is member. The union may majority, minority, registered or even unregistered. If
cause of workman/workmen is espoused, it transformed the nature of collective
dispute. Thus the espousal of dispute by minority union is perfectly legal
Now your second part of query is concerned. Mr. Ahmad has very nicely explained
the scope of settlement under the Industrial disputes Act. It depend whether the
settlement arrived during the course of conciliation proceeding or outside the
conciliation proceedings and also whether the settlement is registered or not. In
case, settlement was arrived during the course of conciliation proceedings it is
binding to the workmen irrespective of the fact, whether the workman is member of
the union or not but if it is outside conciliation proceeding, it binding only to the
workmen. Who are member of that particular union and other union can not be
compelled to abide the condition of that particular settlement.
So far as your query is concerned as to whether the management can file writ against the
minority union. My answer if no for the reason mention here in below
.1. Firstly union is a private body, no writ lies against it
2. Secondly, the union is acting within its right and power under the statutory powers of Trade Unions Act.
So for as referring of settlement before the Tribunal/Court, you have every right to refer the same. You can
also plead that the workman has received benefits under the settlement as such union is estopped from
challenging the settlement etc.
Date of Bill Edu SHE
Month Bill No Date ST Total ST
payment Amount Cess Cess
05.05.201
Apr-10 13 07/05/2010 164668 16467 329 165 16961
0
07.06.201
May-10 14 09/06/2010 195135 19514 390 195 20099
0
07.07.201
Jun-10 15 10/07/2010 195190 19520 390 195 20105
0
09.08.201
Jul-10 16 12/08/2010 157402 15741 315 157 16213
0
09.09.201
Aug-10 18 10/09/2010 115789 11578 232 116 11926
0
07.10.201
Sep-10 19 12/10/2010 101562 10156 203 102 10461
0
02.11.201
Oct-10 20 03/11/2010 117728 11773 235 118 12126
0
10.12.201
Nov-10 21 14/12/2010 107058 10706 214 107 11027
0
05.01.201
Dec-10 22 08/01/2011 115576 11558 231 116 11905
1
12701 13082
Total 1270108 2539 1271
3 3
A.Recruitment:-
1. End to end Recruitment.
2. Preparation job expectation & performance metrics of new employees
3. Derive PI pattern (Psychological test).
4. Position creation, Hiring, creating appointment order, Confirmation order, Service certificate in SAP
B.Induction:-
1.Prepare Induction plan with HOD & assist in Plant round
2. Arrange for Safety Training
E. Compensation Management:-
1. Negotiate with the candidates while deciding CTC
2. Employee care initiatives
3. Conducting & Analyzing Exit Interviews
G. Industrial Relations:-
1.Responsible for handling employee grievances, union settlement, liaisoning with govt bodies.
2.He would be required to redress grievances, administer discipline, conduct inquiries.
3.Take care of statutory compliance and labour laws.
4.Should have good knowledge in statutory and labour laws.
5.Trade and Labour Laws and License s
List the daily duties & responsibilities, starting with the most important responsibility &
mention the time spent on each in % value (Maximum 150 characters each)
Primary Responsibilities
Recruitment: Partnering with the business to identify talent - internally and externally, ensuring
management of the complete recruitment cycle for sourcing the best talent from diverse channels
& handling Staffing functions
Selection: Screening and short-listing resumes & conducting Interviews, Skill Tests, etc
On Boarding: Coordinating Pre & Post Joining formalities like medical checks, reference/
background checks, confirmations, etc
Performance Management: Driving Performance Appraisal and Management , KRA/Goal
Setting for the upcoming review period, cross functional feedback, self assessment, Core role in
identification of Key Resources
Transfers: Coordinating Transfers/ Postings & issuance of Transfer Orders
HR Communication: Coordinating Communication initiatives taken by CO & facilitating in
cascading the same at branch level
Employee Engagement: Driving employee engagement activities, employee counseling &
grievance handling
MIS Reporting: Ensures that the HR reports and MIS are in place, which encompasses the master
data of all employees, HRIS report, Recruitment monitoring sheet, etc
• Contribute in effective people planning framework and budgeting for all the functions
• Ensure employee engagement initiatives across the organization and analyze impact of
the same
• Preparation of Organization structures for all functions / branches / projects in line with
HR philosophy and business strategy and prepare Job description of all unique roles.
• Ensure formulation, implementation and updating various HR policies and procedures in
line with HR philosophy and Business strategy.
Operational
• Implement the recruitment management system to capture the staffing needs of various
departments
• Drive the recruitment process for all the departments/ functions in collaboration with the
relevant Department Heads, based on the profile specifications provided by them
• Ensure internal customer satisfaction by adhering to preset recruitment lead times, talent
quality and cost
• Communicate to all employees on internal job postings and proactively seek to fill
vacancies from within the organization
• Implement and monitor suitable processes of interviewing, selection, joining formalities,
exit interview, relieving and settlement procedures
• Analyze and report on attrition and exit interview findings
• Ensure the implementation of the performance management process inclusive of
facilitating the process of KRAs and KPIs for all employees across organization.
• Ensure the implementation of reward and recognition management process
• Ensure effective implementation of on-boarding program for smooth induction of new
employees.
• Ensure the implementation of all the retention processes so as to have high levels of
employee commitment and productivity
• Conduct the employee surveys to understand the voice of the people and check the
engagement, satisfaction and other employee perceptions and issues for better
management of people and based on the results of the employee survey findings,
effectively implement the programs that will effectively achieve the objectives
• To conduct the salary benchmark surveys across the industry and devise compensation
plans in alignment with the HR philosophy and compensation strategy of the organisation
• To achieve internal parity with regards to total compensation of employees by
establishing salary bands, tax friendly salary structure, ESOPs, Variable Pays etc with or
without the help of external consultants.
• Ensure development of talent by training, coaching and mentoring to achieve the required
competency levels and improved productivity
• Ensure implementation of processes for succession planning so as to create leadership
pipeline for key roles in the organization.
Financial
In order to make for a work force that is flexible and work hours that can be extended,
the government is planning major changes in the Factories Act, 1948. A significant
proposal in the law governing working hours and safety of workers means doubling the
number of hours a worker can be made to work over time (OT). An amendment
proposed calls for 100 hours of OT in a quarter, from the present 50 hours per day. It
also proposes to raise the 75 hour bar (including the first 50) in case of exigencies to
115 hours in a quarter - maximum hours of OT an employer can extract from worker,
without permission from labour officials. He can squeeze 10 more OT hours, with
permission. The law and international conventions does not allow more than eight hours
of regular work per day but there can be two hours of over time per day, for which the
worker is paid double the normal rate. Another proposal is to allow women work during
the nights, which is prohibited now in factories. Though such proposal was introduced
in Parliament in 2005, it has not been implemented till now. The labour unions want
assurance of doorstep drop back in place of nearest point to home. Call centres, BPOs -
where women work in night hours - are governed by the Shops and Establishment Act.
The move comes at a time when Indian industry needs more hands to support its
expansion and nation economy - but lacks a skilled work force.
Source : 10-02-11 Hindustan Times Compiled by www.naukri.com
METHODOLOGY
The workshop is based on interactive adult learning process. Group activities, case studies
and mini training
sessions would be supplemented by concept building lectures.
COURSE CONTENT
Setting the Scene: Explore the topic of adults as
learners.
Giving Training a Purpose: Learn how to write
performance objectives v/s training objectives
Checking the Learning: Learn about formative &
summative assessments & various assessment
methodologies
What are we training? Learn how to analyze
knowledge/skill contents for sessions
Who are we training? Examine: learning styles, learning
models, barriers, etc
Choosing the activity: Explore interactive
methods/strategies; facilitate learning
Getting the message across: Learn communication
skill, facilitating a small group, providing an opportunity
to demonstrate questioning and listening skills,
management of the group, giving instructions and
debriefing skills
Putting it all together: Learn how to develop a session
plan
Using the tools of training: Learn the use of resources
Did training make a difference? Identifying the
methods for evaluating training
Presentation Skills for Trainers: Essentials for
conducting session. Deliver mini training sessions. Get
Despite the popularity of the EPF as a saving tool, not many people are enthused by or even aware of the
Employees’ Pension Scheme. Introduced in 1995, it is funded by diverting 8.3%, or a little more than a
third of your PF contribution. The pension on retirement is linked to the number of years in service and the
average salary drawn in the year before retirement.
However, the scheme has failed to draw the EPFO’s 5 crore members because of the measly payouts
associated with it. The reason is that since most employers pay PF only on the mandatory salary cap of
6,500 per month, the pension income for a majority of workers is abysmally low—at times, less than 1,000
a month.
It is, however, possible to get a higher pension income. “Good employers like Infosys pay Provident
Fund contributions on the entire basic salaries,” says SC Chatterjee, the Central PF Commissioner. “If your
basic pay is 30,000 a month, employers can invest 24% of this amount into your PF account. “You will be
entitled to a pension on the basis of your actual basic pay rather than 6,500,” he adds.
For salaries up to 6,500, the government also chips in with a subsidy of 75. This added up to 994 crore for
all EPF members in 2009-10.
Another way smart employers help boost the pension is by raising the worker’s salary in the last year of
employment. “Suppose I earn 25,000 and contribute 8.33% towards EPS. However, on my 57th birthday,
my employer can raise my salary to 1 lakh. Since my salary for the last one year will be 1 lakh, I can get a
pension of around 50,000. So you can get twice your original salary as pension,” says Chatterjee. However,
for this to happen, the employer should have contributed his share to the Provident Fund on the actual basic
salary, not the mandated limit of 6,500 for the entire service period. Though this is not fair to other workers
who are part of the pension pool, the pension scheme’s design makes this manipulation possible.
If you don’t want a pension from EPF, you can get the EPS money as a lump sum along with your PF
balance. The benefit will not be linked to the actual contributions made, but to your last year’s average
salary and the number of years in service.
Insurance benefits
2
Besides a monthly stream of income, the EPF subscription entitles you to an insurance cover on your life
through the Employees’ Deposit Linked Insurance (EDLI) scheme. For this, your organization contributes
0.5% of your monthly basic pay, capped at 6,500, as premium. Till recently the insurance amount was
entirely linked to the balance in your PF. According to the new rules, your cover amount is higher of the
two: 20 times the average wages of the past 12 months (up to 6,500 per month), that is 1,30,000, or the full
amount in your PF account up to 50,000 and 40% of the balance amount.
3
The EPF rate has to be declared at the beginning of every financial year so that all members withdrawing or
retiring from the system through the year get the interest that is due to them.
But in recent years, the EPF rate has become a matter of prolonged political debate and is often declared
and notified much after the end of the financial year. Till the rate is notified for a particular year, workers’
withdrawals are credited at the previous year’s rate. For instance, in 2010-11, the Labour Ministry
announced a rate of 9.5%, but it is yet to be notified. So, lakhs of workers, whose PF claims have been
settled so far, have lost out on the 1% increase over last year’s rate of 8.5%.
The Central PF Commissioner admits this is a problem, but has promised that his department will pay the
difference to all the affected members. “If you have withdrawn your PF balance during this year while the
government hasn’t notified the PF rate, you can approach your PF office later to pay you the higher interest
rate on the balance,” says Chatterjee.
If, on the other hand, your claim is not settled within 30 days of applying, you can move the court. If it is
established that the delay was due to ‘inadequate reasons’, you will be entitled to an interest on the balance
at the rate of 1% for every month of delay.
4
Running short of funds to buy a house? Or perhaps your child’s education cost is more than you had
planned for? At such times, it’s easy to fall back on your EPF savings. While you can’t withdraw the entire
corpus, you can do so partially for specific occasions, such as children’s education, marriage, or for buying
property. Find out when you can avail of this facility, the amount you can withdraw and the conditions you
need to fulfill.
Marriage or education
• The maximum amount you can draw is 50% of your contribution (12% of the basic salary).
• You will have to submit the wedding invite or a certified copy of the fee payable to the educational
institution.
Medical treatment
• You can avail of it for major surgical operations in a hospital or by those suffering from TB, leprosy,
paralysis, cancer, mental derangement or heart ailments.
• The maximum amount you can draw is six times your salary or the entire contribution made by you till
date, whichever is less.
• You must show proof of hospitalisation for one month or more with leave certificate for that period from
your employer. You must also prove that you are not a member of the Employees' State Insurance
Corporation or are unable to use its facilities for surgery/ treatment.
• The maximum amount you can avail of is 36 times your wages. To buy a site or plot, the amount is 24
times your salary.
Alteration/repair of house
For house in the name of self, spouse or jointly
• You need a minimum service of five years (10 years for repairs) after the house was built/bought.
Damage due to
natural calamity
• A certificate of damage from the requisite authority and a calamity declaration by the state government.
Equipment purchased
• You can draw up to six months' basic salary and dearness allowness, or your share of PF contribution with
interest, or the cost of equipment.
Premature withdrawal
5
Under the EPF Act, you cannot withdraw the full amount in your provident fund account before the age of
superannuation. However, if you suffer permanent and complete disability or are moving abroad to settle,
you can withdraw this amount. It is also possible to do so in case of mass retrenchment by the employer. If,
however, you retire voluntarily before you are 55 years old, you cannot withdraw the full amount. Under
normal circumstances, you can withdraw up to 90% of the fund amount after you turn 54 or within one year
of retirement or superannuation.
Grievances addressed
6
The EPF Organization has a grievance redressal mechanism and it is covered under the Consumer
Protection Act. The process is simple. Log on to http://epfigms.gov.in/ and file your grievance. Since late
last year, the EPFO has become a part of the Centralized Public Grievances Redressal and Monitoring
System, which allows you to register and track status online. It’s a centralized system and complaints are
monitored by the head office. “We reply to all the grievance within 30 days of their receipt. If someone is
not satisfied, he/she can come and meet me,” says Chatterjee.
:: PRIVATE INSURER
You get a higher insurance benefit if your employer opts for a private insurer instead of the employees'
deposit linked insurance plan. The EPFO allows this if the benefits offered by the private insurer are better
than that of EDLI. Between 2007-8 and 2009-10, nearly 1,800 companies opted out of the EDLI.
:: DOUBLING PENSION
Say your employer increases your salary from 25,000 to 1 lakh in your last year of service. Since your last
salary is 1 lakh, your pension is likely to be 50,000, double your original salary.
WHAT IF
Even if you stop working before reaching the age of superannuation, you can avail of pension benefits.
However, you shouldn’t be less than 50 years of age. Also, the pension amount will be reduced by 2% for
every year. So, if after working for 25 years, you take retirement at 50, your pension amount should be
2,321 per month. But as you left service eight years before the age of superannuation, your pension will be
reduced by 16%—it will be 1,950.
If you have completed less than 10 years of service, you can avail of the pension as a lump sum by opting
for the withdrawal benefit. This amount will be provided to you on the basis of your annual contribution to
the pension fund multiplied by the number of years that you have completed in service. You will also be
entitled to a small interest on this amount, again depending on the number of years that you have been in
service.
If you die while you are employed with an organization, your pension benefit is not lost. Your legal heirs
will be entitled to a pension, which is a maximum of 1,000 per month ( 750 for spouse and 250 for two
children till they turn 25). However, you should have put in a minimum of one month’s service to avail of
this benefit. Also, the widow will not be entitled to a pension if she marries again, while dependent parents
will be if the employee has no eligible family or has made no nomination.
When you change jobs, and shift you PF account, your pension doesn’t get transferred. You need to apply
for a scheme certificate through Form 10C and route it through the new employer. The certificate has
details of the previous employer and years of pension contribution. “The PF is linked to an individual, but
the EPS scheme is pool-based and can’t be started all over again. So when you change jobs, your earlier
service is not considered and reduces the pension sum,” says Chatterjee.
__._,_.___
[align=center]FORM A [/align] Form of application for the
reference of an Industrial Dispute to a Board of
Conciliation/Court of Enquiry/Labour
Court/Tribunal/National Tribunal under Section 10 (2) of the
Industrial Disputes Act, 1947:
An application under sub-section (2) of Section 10 for the reference
of an industrial dispute to Board, Labour Court, Tribunal or
National Tribunal shall be made in Form A and deliver to the
Secretary (Labour), Government of NCT of Delhi, and the Assistant
Labour Commissioner of concerned district.
[img]chrome://piclens/content/launch.png[/img]
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10 January 2008, 01:38
FORM
ΓÇô E
Y.Prakash Notice of change of Service Condition
proposed by an Employer Any employer
Lawyer
intending to effect any change in the
conditions of service applicable to any
workmen in respect of any matter specified
in the IVth Schedule to the Act, shall give
[ Scorecard : 21783] notice of such intention in Form E.
Send PM
10 January 2008, 01:41
[align=center]FORM H[/align]
[align=center]Form for Memorandum of
Settlement[/align] A settlement arrived at in
Y.Prakash the course of Conciliation or otherwise,
shall be in Form H. The settlement shall be
Lawyer
signed by the employer himself or by his
authorized agent or when employer is an
corporated company, or other body
corporate, by the Agent Manager or
[ Scorecard : 21783] Principal Officer of the corporation.
In case of workman by any officer of the
trade union of the workmen or by five
representatives of the workman, duly
Thank the Contributor authorized in this behalf at a meeting of the
workman held for the purpose.
Send PM
In case of the workman in an industrial
dispute under Section 2-A of the Act, by the
workman concerned.
Where the settlement is arrived at between
an employer and his workman, otherwise
than in the course of Conciliation
Proceeding, the parties to settlement shall
jointly send a copy thereof to the Secretary
(Labour), Government of NCT of Delhi, the
Labour Commissioner, Government of NCT
of Delhi and the Deputy Labour
Commissioner and Assistant Labour
Commissioner of the concerned district.
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Send PM
Send PM
The Industrial Disputes Act 1947 provides a framework for investigation and
settlement of industrial disputes. The Industrial Disputes (Amendment) Bill, 2010
was finalized after detailed consultations with stake holders and the Government had
formulated the amendment proposals mainly on the issues on which consensus were
arrived at. The Industrial Dispute (Amendment) Bill, 2009 was introduced in
the Rajya Sabha on 26.2.2009. The Bill was referred to the Parliamentary Standing
Committee on Labour. The Committee examined the Bill and made certain
recommendations for further modifications to the amendments proposed in the
Bill. The Government accepted some of its recommendations.
(i) whereon ten or more workers are working, or were working on any day of the preceding twelve
months, and in any part of which a manufacturing process is being carried on with the aid of
power,or is ordinarily so carried on, or
(ii) whereon twenty or more workers are working, or were working on any day of the preceding
twelve months, and in part of which a manufacturing process is being carried on without the aid of
power, or is ordinarily so carried on, -
but does not include a mine subject to the operation of 11[the Mines Act, 1952 (XXXV of 1952)]
or 12[a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel
restaurant or eating place];
13 14
[Explanation I. - For computing the number of workers for the purposes of this clause all the
workers in different relays] in a day shall be taken into account;]
[Explanation II].- For the purposes of this clause, the mere fact that an Electronic Data
Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be
construed to make it a factory if no manufacturing process is being carried on in such premises or
part thereof ;]
(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking
up, demolishing or otherwise treating or adopting any article or substance with a view to its use,
sale, transport, delivery or disposal; or
5
[(ii) pumping oil, water, sewage, or any other substance; or ]
(iii) generating, transforming or transmitting power; or
6
(iv) composing types for printing, printing by letter press, lithography, photogravure or other
similar process or book-binding ;7[or] (v) constructing, reconstructing, repairing, refitting, finishing
or breaking up ships or vessels ; [or]
8
(vi) preserving or storing any article in cold storage;
Thus preparing of food and distributing the same falls within the abmit of
manufacturing process under. The foor is prepared eith by electrical process or
LPG gase, both terms come within the ambit of "Power", thus if it employs
more then 10 employee, it is a factory under the Act.
Introduction
The Supreme Court has stated in Andhra University v. R.P.F.C. 1985 (51) FLR 605
(SC) that in construing the provisions of the Employees Provident Funds and
Miscellaneous Provisions Act 1952, it has to be borne in mind that it is a beneficent piece
of social welfare legislation aimed at promoting and securing the well-being of the
employees and the court will not adopt a narrow interpretation which will have the effect
of defeating the very object and purpose the Act. The preamble to the Act also states that
for employees in factories and other establishments. It is with this background that one
must interpret the various provisions of the Act and the Scheme related to it.
Applicability
The Employees Provident Funds and Miscellaneous Provisions Act 1952 applies to the
whole of India except the State of Jammu and Kashmir (Section 2). This Act applies
(Section 3) to:
(i) every establishment which is a factory engaged in any industry specified in Schedule I
which the Central Government may, by notification in the official gazette specify.
The Central Government through the Employees Provident Fund Scheme 1952 {Section
3 (b)} has specified the establishments covered by the Act. Click here for the complete
Considering the operations of charitable institutions these include the following (though
without charging any fee over and above the subscripttion fee or membership
fee.
(viii) Agricultural farms, fruits, orchards, botanical gardens and zoological gardens.
Definitions
Employee
An employee – sec. 2(f), means any employee who is employed for wages in any kind of
who gets wages directly or indirectly from the employer and includes any person:
establishment
(ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act
An apprentice means a person who according to the certified standing orders applicable
(85) FLR 519 (Mad) a person doing work of the principal employer, even though
(i) who having been a member of the fund, withdrew the full amount of his
(ii) whose pay at the time he is otherwise entitled to become a member of the fund
Employment
(1)Employer
The employment is the contract of service between the employer and the employee
whereunder the employees agrees to serve the employer subject to his control and
anyone claim benefit under the statute. Even if a person is not wholly employed, if he is
Exemptions
The provisions of the Employees Provident Funds and Miscellaneous Provisions Act
1952 do not apply to the following institutions (sec 16): (i) any establishment registered
under the Co-operative Societies Act 1912 or under any
other law for the time being in force in any State relating to co-operative societies,
employing less than 50 persons and working without the aid of power.
(ii) Any establishment belonging to or under the control of the Central or State
Government and whose employees are entitled to the benefit of contributory provident
fund or old age pension in accordance with any scheme framed by such government.
(iii) Any other establishment set up under any Central, Provincial or State Act and whose
employees are entitled to the benefit of contributory provident fund or old age pension in
(iv) The P.F. Scheme is not applicable to tea factories in the State of Assam {para
3(a)(iii)}.
Trainees:
It has been decided by the courts that trainees are not employees and are not covered by
the EPF Act. The court has held that stipend paid is not wages. It must be noted that
trainees were recruited under a particular Training Scheme and there was no guarantee of
employment after completion of the training period and that they were not entitled to
other benefits, which were available to other permanent employees. These aspects have
been decided in Sri Rama Vilas Service Ltd. V RPFC 2000 –I-LLJ-709(Mad) and
Exempted Establishment
The Central Government may, by notification in the Official Gazette and subject to such
favorable that of section 6 of the EPF Act or (ii) (ii) any establishment if its employees
are in enjoyment of benefits in the nature of P.F. , pension or gratuity, which are not less
favorable to employees covered by the Act or the Scheme. Where an establishment is
exempted from any of the provisions of the Act, then such institution must have its own
trust and:
(iv) invest monies in accordance with the directions of the Central Government issued
The following employees are required to join the fund (Para 26 of EPF Scheme):
(i) Every employee employed in or in connection with the work of the factory or other
establishment to which the EPF Scheme applies except an excluded employee i.e.
(ii) Every employee is required to join the fund from the date of joining the factory or
(iii) Every excluded employee on his ceasing to be excluded employee i.e. makes an
Registration
Provisions Act 1952 is applicable to it,then it can fill-in the attached proforma for
registration. The duly filled-in proforma alongwith one or more of the documents
mentioned in the Performa can be submitted to the respective provident fund offices for
Contributions
The contribution envisaged under sec 6 read with notification dated 9th April 1997 and
para 29 of the EPF Scheme, specifies that the rate of contribution under the E.P.F. Act as
12%. The employer has to deposit 12% of the basic wages, dearness allowance and
retaining allowance (if any), on his part and an equivalent amount on behalf of the
employee, which is to be recovered from the employee’ salary (para 32 of EPF Scheme).
• For this section ‘dearness allowance’ shall be deemed to include the cash value of any
food concession allowed to the employee. The ‘retaining allowance’ means an allowance
payable for the time being to an employee for retaining his services, when the
• Basic Wage {sec 2(b)}means emoluments which are earned by an employee while on
duty or on leave or on holidays with wages. It includes cash value of food concession,
• Encashment of leave does not fall under dearness allowance or retaining allowance or
basic wages and is not to be considered in computing the amount to be deposited under
the EPF Act. This aspect has been upheld by the court in Hindustan Lever Employees
• The Supreme Court, in M.P. Shikshak Congress v RPFC (1999) 1 SCC 396 decided
that the EPF Act was applicable to the teachers and employees of the aided school in
Madhya Pradesh. Further the inclusion of dearness allowance (D.A.) for computing
salary was upheld in the case of Gyan Bharti v RPFC (1996) 2 CLR 734 (Cal).
Upper Limit: There is no upper limit for contribution by an employee towards the E.P.F.
Inspection Charges: The employer has to contribute 0.18% of the basic wages, D.A.,
retaining allowance and cash value of food concession towards inspection charges, (para
30 (3) of the EPF Scheme). This amount cannot be recovered from the employees.
Duties of Contractors: Every contractor shall within 7 days of the close of the month,
submit to the principal employer a statement showing the recoveries of contributions for
employees employed by or through him and such other information to the principal
employer as is required to be filed with the Regional PF Commissioner, (para 36B of the
EPF Scheme).
Time Frame for Deposits: Para 38 of the EPF Scheme specifies that the contributions
and administrative charges have to be deposited within 15 days of the close of the month
cheque should be on a local branch and deposited with the Reserve Bank or the State
Bank of India.
Attachment: The contributions made towards provident fund cannot be attached by any
decree or order of any court, nor can it be assigned or charged (Sec. 10).
1. The Employees Pension Scheme was introduced w.e.f. 16th November 1995.
2. Contributions:
(i) The contribution envisaged under sec 6 is 8.33% of the basic wages, dearness
allowance and retaining allowance (if any) from the employer’s contribution.
{Sec.6A (2)(a)}.
(ii) Ceiling: The contribution of 8.33% has a ceiling of Rs. 541.00 p.m. w.e.f. 1st June
2001. This implies that there is a ceiling on the salary, D.A., and retaining allowance
of Rs. 6,500.00 in computing the contribution towards the pension scheme. {Para 3(2)
of the E.P. Scheme}. (iii) Central Government Contribution: It shall contribute 1.16% of
the pay of the
members of the Employees Pension Scheme to the Fund {Para 3(2) of the Employees
Pension Scheme}.
fund on attaining the age of 58 years or from the date of vesting of admissible
scheme can opt for commuting 1/3 of his pension so as to receive 100 times the monthly
Service) / 70.
(i) Pensionable Salary = average monthly salary over 12 months immediately preceding
(ii) Pensionable Service = service in years rendered by the member for which
contributions have been received. Normally this would be limited to Rs. 6,500.00 p.m.
This is a scheme to provide life insurance benefits t employees. The employer shall pay
0.5% of the salary comprising of basic wages, dearness allowance and retaining
allowance (if any), subject to a maximum salary of Rs. 6,500.00. In addition he has to
Attachment: The amount due under EDLI cannot be attached by any decree or order of
any court, nor can it be assigned or charged. Declarations, Contributions and Returns
The details of filing declarations, deposit of contributions and returns can be seen as
under: Purpose Form No. Time Frame of EPF Scheme Declaration Form by Employee 2
On Demand 33 Preparation of Contribution Cards by Employer (prepared and kept but
filed with RPFC when employee leaves the scheme)
Form 12 & names. By 7th of the month 36B Application for Transfer of EPF a/c 13
Para 32A of the EPF Scheme provides for claiming of damages for default in making
payment of any contribution. The details are given below: Sl. No. Period Of Default
3 4 months & above but less than 6 months 27% 4 6 months & above 37%
The Central Board has the power to reduce the damages upto 50%, depending on the
merit of the case (para 32B). Section 14 of the E.P.F. Act also prescribes for penalties,
which are.
1 For avoiding any payment knowingly makes any false statement or representationShall
be punishable with imprisonment upto 1 year or fine of Rs. 5,000.00 or both.
2 An employer who contravenes sec. 6 (re. contributions) or sec 17(3)(a) for payment of
inspection charges or para 38 re. payment of Administration Charges Shall be punishable
with imprisonment upto 3 years but:(a) will not be less than 1 year and fine of Rs.
10,000.00 if it relates to payment of employees contribution, which has been deducted
by the employer (b) will not be less than 6 months and fine of Rs. 5,000.00, in any other
case.
The court can decide a lesser term for imprisonment but for reasons recorded.
3 An employer who contravenes sec 6C Re. EDLI or sec 17(3A)(a) re inspection charges
Shall be punishable with imprisonment upto 1 years but will not be less than 6 months
4 Failure to comply with any provision of the Act or Schemes Shall be punishable with
imprisonment upto 1 years or with fine of upto Rs. 4,000.00 or both.
5 Contravenes any provision or condition for which exemption u/s 17 was given and no
other penalty is prescribed Be punishable with imprisonment upto 6 months but not less
than 1 month and also fine upto Rs 5,000.00.
Benefits to Employees
1. The employees are entitled to certain benefits by being members under the E.P.F. Act,
(ii) Full refund of P.F. with interest on retirement, resignation, retrenchment or death.
(a) Housing
(iv) Partial withdrawal of 90% of the amounts standing to the credit of the member
before one year of retirement. (v) Under EDLI, an amount equal to the average balance in
PF of deceased member subject to a maximum of Rs. 60,000.00.
(vi) Monthly pension under the Employees Pension Scheme 1995, on superannuation,
retirement, permanent / total disablement, for widow / widower, for children, for orphan.
2. An important aspect is that there is a regular saving for the employee and a certain
social security.
The position is a standalone generalist role reporting into the General Manager with a
dotted reporting relationship into the Group HR function based at our head office in Cape
Town, South Africa.
Organizational Development
Strategic Resourcing Organizational Structure Grading Performance review process
Career & Succession planning Recruitment & Selection Training and development
Employee Relations
Disciplinary Hearings Staff Committee meetings Grievance Hearings Incapacity reviews
Job Description:
Changes made by the recent amendments to Section 11 of the Industrial Disputes Act –
Enforcing the Awards of Labour Court.these amendments came into force w.e.f mid
September 2010.
In section 11 of the principal Act, after sub-section eight , the following sub-sections
shall be inserted, namely:
“(9) Every award made, order issued or settlement arrived at by or before Labour Court
or Tribunal or National Tribunal shall be executed in accordance with the procedure laid
down for execution of orders and decree of a Civil Court under order 21 of the Code of
Civil Procedure, 1908
(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall
transmit any award, order or settlement to a Civil Court having jurisdiction and such
Civil Court shall execute the award, order or settlement as if it were a decree passed by
it.”
REFERENCES
ISSUE RAISED /FACTS HELD
1 STANDARD CHARTERED 1 ACCORDING TO THE ‘5’ BENCH 1 THE PROCEDURE PRESCRIBEDFOR
BANK SCJUDGEMENT IN 2002 (92) FLR PROCESSING [33(1), 33(3)AND 33(2)
667[JAIPUR ZILLA CASE] (B) BEING THE SAMEAND THE
INTERMINATION CASES DEFURE TERMINATION TAKES
Vs
ATTRACTINGSECTIONS 33(1) & EFFECT ONLY LATER,THE
33(3) OF THE IDACT, DEFACTO & WORKMAN SHOULD BEGIVEN THE
GOVIND PHOPALE
DEJURESEVERENCE OF THE SUBSISTENCEALLOWANCE FOR
2003 (96) FLR 145[HC-
EMPLOYEETAKES PLACE ONLY THE PERIODTILL DISPOSAL OF
BOM-SB]
AFTER WRITTENPERMISSION IS THEAPPROVAL PETITION
OBTAINED AND A TERMINATION
OR
ORDER IS ISSUED
2
2003 (3) LLJ 1036
WHERE AS IN THE CASE OF
TERMINATION ATTRACTING 33(2)
(B),THE DEFACTO TERMINATION
ISPRECEDED BY DEJURE
3 SEPARATION
IN THE 33(1) & 33(3) CASES THE
WORKMEN IS ENTITLED TO
WAGESTILL FORMAL WRITTEN
PERMISSIONIS OBTAINED
4
THE QUESTION RAISED IS
WHETHERIN TERMINATION CASES
UNDER33(2)(B) IS THE WORKMAN
ELIGIBLEFOR SUBSISTENCE
ALLOWANCEFROM THE
TERMINATION DATE TILLTHE DATE
OF DISPOSAL OF THE APPROVAL
PETITION ?
2 MANAGEMENT OF 1 ACCORDING TO THE 1 QUOTING THREE APEX
KALEESWARA MILLS STANDINGORDER ANY EMPLOYEE COURTDECISIONS IN
CONVICTEDFOR A CRIMINAL MANAGEMENT OFRESERVE BANK
Vs OFFENCE IS LIABLETO BE OF INDI[1994(68) FLR
DISMISSED 22(SC)]RANCHODJI
PRESIDING OFFICER CHATURJITHAKORE’S CASE
LABOUR COURT 2002 [1997(91) FLR53 (SC)] AND HUKMI
EMPLOYER
(95) 2 CHANDSCASE [1998 (79)FLOR 743
ACCORDINGLYDISMISSED THE
(SC)]HELD THAT THE
WORKER [AFTERISSUE OF DUE
FLR 822[HC-MAD-DB] ABSENCEFROM EMPLOYMENT
NOTICE]
WAS DUETO NO FAULT OF
3 THEEMPLOYER AND
ON APPEAL THE HENCEEMPLOYER NOT BOUNDER
4 CRIMINALCONVICTION WAS SET 2 TO PAY ANY BACK WAGES
ASIDE AFTERA FEW YEARS
5
WORKER WAS REINSTATED
WORKMEN WILL BE REINSTATED
IS THE WORKER ENTITLED
WITHOUT ANY BACK WAGES
OREMPLOYER OBLIGATED TO
PAYBACK WAGES FOR PERIOD
HEREMAINED OUT OF
EMPLOYMENT
3 INDIAN TELEPHONE 1 MANAGEMENT DISMISSED A 1 QUOTING THE SUPREME COURT
INDUSTRIES LTD WORKMAN AND FILED AN CONSTITUENT BENCH DECISION
APPROVAL PETITION UNDER IN JAIPUR ZILLA VIKAS BANK
Vs SECTION 33(2)(b) AS THERE WAS CASE [2002(92)FLR667(SC)]HELD
AN INDUSTRIALDISPUTE PENDING THAT, ONCE THE33(2)(B) PETITION
PRABHAKAR MANJARE HAS BEEN DISPOSED OF AND
2
THE APPROVAL PETITION WAS APPROVAL REQUEST TURNED
2002(95) FLR 1108[SC REJECTED FOR NOT COMPLYING DOWN, THE MANAGEMENTS
WITH PROVISIONS OF 33(2)(B) DISMISSAL ACTION BECOMES
PROPERLY VOID AND IT CANNOT BE
3
REOPENED AGAIN
MANAGEMENT THEN
2
2001 (II) LLJ 199 [SC-5 RESUBMITTED AN APPLICATION A SECOND APPROVAL
BENCH] OR 2001 (3) LLN AFTER RECTIFYING THE DEFECTS APPLICATION IS THEREFORE NOT
4
105 [SC-5 BENCH] MAINTAINABLE
CAN MANAGEMENT MAKE A
SECOND APPLICATION AFTER THE
FIRST ONE WAS REJECTED ?
4 CHENNAI PORT & DOCK 1 EXISTING SERVICE RULES 1 IF THE CURRENT SERVICE RULES
WORKERS CONGRES SILENTABOUT TRANSFER OF DO NOT PROVIDE FOR
EMPLOYEES PROVISIONS ON TRANSFER
VS MANAGEMENT CAN
TRANSFEREMPLOYEES ONLY
UNION OF INDIA AFTERGIVING NOTICE OF
CHANGEUNDER SECTION 9A
2002(94) FLR 1072[HC-MAD- IF EMPLOYEE IS TRANSFERRED ANDCOMPLETE THE
2
SB] WILLIT AMOUNT TO VIOLATION PROCEDUREPRESCRIBED IN ID
OFSECTION 9A OF THE ID ACT ACT
6 CANARA BANK EMPLOYEES 1 AS PER SECTION 19(2) & 19(6) 1 QUOTING THE EARLIER SUPREME
UNION aSETTLEMENT OR AWARD COURT DECISION IN THE LIC
CAN BETERMINATED BY THE CASE [AIR 1980 SC-2181] HELD ON
VS PARTIESAFTER THE VALIDITY TERMINATION OF A SETTLEMENT
CANARA BANK 2002(94) FLR PERIOD IS OVER OR AWARD THERE WILL BE NO
985[HC-KER-DB] GOING BACK TO THE
ON ISSUE OF SUCH A PREAWARDOR PRE-SETTLEMENT
2
TERMINATION DOES IT PROVISIONS
AMOUNT TO GOING BACK TO 2
THE PRE-SETTLEMENT OR
THE TERMS UNDER THE
PREAWARD SERVICE
TERMINATED AWARD/
CONDITIONS ?
SETTLEMENT WILL CONTINUE TO
BE BINDING ON THE PARTIES
UNTIL THE TERMS ARE ALTERED
THROUGH A FRESH SETTLEMENT
OR AWARD
7 UNNIKRISHNA PILLAI 1 AS PER SECTION 25B OF ID 1 THE RIGHT TO CLAIM RE-
ACT A WORKMAN ENGAGEMENT IS NOT LIMITED TO
VS RETRENCHED WOULD WORKMEN WHO RECEIVE
BEENTITLED TO RECEIVE COMPENSATION
P.O. LABOUR COURT UNDER SECTION 17(B) OF ID
2002 (95) FLR 299[HC-KER- ACT EMPLOYER BOUND TO 2
WORKMEN WHO DID NOT SATISFY
SB] PAY LAST DRAWN WAGES AS
SECTION 25-B REQUIREMENTS
SUBSISTENCE ALLOWANCE
ARE ALSO ENTITLED TO RE-
DURING PENDENCY OF
ENGAGEMENT
CHALLENGE BEFORE HIGH
COURT/SUPREME COURT.
WILL ‘ACTUALLY
VS WORKED’INCLUDE NON
b
WORKING DAYS FOR WHICH
MAHENDRA WORKER RECEIVED WAGES ?
JOSHI IF WORKMAN DID NOT
2002 (95) FLR SATISFY 240 DAYS IN THE
595 [HC-RAJ- IMMEDIATE [PREVIOUS 12
DB] MONTHS, BUT HAD SATISFIED
THE 240 TEST FOR EARLIER
YEARS WOULD HE BE
ENTITLED FOR
RETRENCHMENT
COMPENSATION ?
10 BANK OF 1 WORKMAN CHALLENGED 1 ONCE THE TRIBUNAL FINDS THE DOMESTIC
BARODA HISDISMISSAL UNDER ENQUIRY IS IN ORDER, THE COURT HAS TO
SECTION 11A OFID ACT DISPOSE OF THE CASE ON THE BASIS OF
VS THE EVIDENCE ALREADY EXISTING
TRIBUNAL AFTER
G SRIRAM 2 2. THE TRIBUNAL CANNOT PERMIT FRESH
HOLDINGDOMESTIC ENQUIRY
2003 (I) LLJ EVIDENCE TO BE TAKEN
VALID PERMITTED THE
905[HC-AP-DB]
WORKMAN TO LEAD
ADDITIONAL EVIDENCE SEE THE LEADING CASE OF THE SUPREME
COURT ON POWERS OF TRIBUNALS UNDER
3 3
IS THIS ACTION OF TRIBUNAL SECTION 11A IN NEETA KAPLISH’S CASEIN
VALID 1999 (I) LLJ 275
11 RANJIT SINGH 1 MANAGEMENT DECIDED 1 ONLY ON PERMISSION BEINGGRANTED
TOTERMINATE UNION DOES THE JURALRELATIONSHIP
VS LEADERS FORINVESTIGATING WITHEMPLOYER COME TO AN END
ILLEGAL STRIKE
PRESIDING
CITING SEVERAL SUPREMECOURT
OFFICER
SINCE A DISPUTE WAS DECISIONS, HELD WORKMAN ENTITLED TO
PENDINGFILED A PERMISSION SUBSISTENCE ALLOWANCE DURING
2003(1) LLJ 2
APPLICATIONBEFORE PERIOD OF SUSPENSION THAT IS TILL THE
1100[HC-P&H-DB]
PRESIDING OFFICER PETITION UNDER 33(1) IS DISPOSED OFF BY
TOCOMPLY WITH PROVISIONS THE TRIBUNAL
OFSECTION 33(1)
5 INDUSTRIAL
TRIBUNAL AND
SUBSEQUENTLY THE
HIGH COURT ALSO
HELD THAT AN
INTERIM STAY WILL
NOT ABSOLVE
MANAGEMNT FROM
ITS RESPONSIBILTY TO
OBTAIN PERMISSION
UNDER SEC33(2)(b)
MANAGEMNT
CHALLENGED THIS IN
SUPREME COURT
2MANAGEMENT OF 1 LABOUR COURT HELD 1AFTER HAVING FOUND THE
GORDON CLOSURE TO BE CLOSURE TO BE BONA-FIDE
WOODROFFE LTD PROPER AND VALID AND IN COMPLIANCE WITH
LAW,THE LABOUR COURT
VS 2 AFTER HOLDING HAS NO AUTHORITY TO
CLOSURE AS PROPER ORDER PAYMENT
PO PRINCIPAL LAB AND VALID OREDERED OFADDITIONAL
COURT PAYMENT OF COMPENSATION OR EX-
3 ADDITIONAL GRATIA OVER AND ABOVE
2004(3) COMPENSATION AND THE CLOSURE
LLJ 539[SC] EX-GRATIA ON COMPENSATION PAYABLE
OR GROUNDS OF SOCIAL UNDER ID ACT
2004(102) JUSTICE
FLR 1013[SC]
4 SINGLE BENCH AND
DIVISION BENCH OF
THE HIGH COURT
UPHELD THE LABOUR
COURT ORDER FOR EX-
GRATIA AND
ADDITIONAL
COMPENSATION
MANAGEMENT
CHALLENGED THE HC
ORDER IN SC
3MUKESH TRIPATHI 1 THE 1 THOUGH THE DEFINITION OF
DEFINITION OF “WORKMAN” IN SEC 2(S) OF
VS “WORKMAN” UNDER THE ID ACT 1947 INCLUDES
SECTION 2(S) OF ID AN APPRENTICE,THROUGH
ACT THE SUBSEQUENT SPECIAL
SAYS IT SHALL ALSO LEGISLATION ON
Sr DIVISIONAL 2 INCLUDE APPRENTICE APPRENTICES[APPRENTICES
MANAGER LIC ACT 1961] STATUTORY
CAN APPRENTICE APPRENTICES HAVE BEEN
2004(103) THEREFORE RAISE SPECIFICALLY EXCLUDED
FLR 350 [SC DISPUTES OR CLAIM FROM THE PURVIEW OF
BENEFITS UNDER ID LABOUR LAWS[SEE Sn 18 OF
ACT 2 APP ACT 1961][EXCEPT FOR
BENEFIT UNDER WC ACT
3 1923]
THEREFORE ALL
STATUTORY APPRENTICES
ARE NOT WORKEAN UNDER
ID ACT
NON STATUTORY
APPRENTICES CAN CLAIM
4 BENIFIT/STATUS OF
WORKMEN ONLY IF THEY
CAN ESTABLISH THAT THEY
ARE DOING THE JOBS SPELT
OUT IN SEC 2(S) LIKE
MANNUAL, SKILLED,
UNSKILLED,
TECHNICAL, OPERATIONAL,
CLERICAL OR SUPERVISORY
WITH SALARY OR LESS
THAN Rs1600 PM
EMPLOYER CLOSED
DOWN ITS MAILING
SECTION &
RETRENCHED THE
WORKMEN WITHOUT
GIVING ANY NOTICE
OF CHANGE
UNIONS ALLEGED
VIOLATION OF
SECTION 9A
5SANGHAM TAPE 1DOES THE LABOUR 1 ONCE AN AWARD OF A
COMPANY COURT OR TRIBUNAL LABOUR COURT/TRIBUNAL
HAVE POWERS TO SET BECOMES ENFORCEABLE AS
VS ASIDE ITS OWN EX- PER SECTION 17-A THE
PARTE AWARD COURT, TRIBUNAL WILL
HANS RAJ HAVE NO AUTHORITY OR
2 POWER TO SET ASIDE ITS
2004(3) OWN EX-PARTE DECISIONS
LLJ 1141[SC]
HOWEVER IT THE PARTIES
APPROACH THE
COURT/TRIBUNAL WITHIN 30
DAYS OF THE PUBLICATION
OF THE AWARD, THE
COURT/TRIBUNAL WILL
HAVE POWER TO SET ASIDE
ITS EX-PARTE AWARD
6M/S MARUTI UDYOG 1 AS PER SEC25 H, A 1THE RIGHT OF RE-
LTD RETRENCHED EMPLOYMENT IS
WORKER HAS A RIGHT AVAILABLE ONLY TO
VS OF RE-EMPLOYMENT WORKMEN RETRENCHED
2 IF THE EMPLOYER UNDER 25 F AND THIS RIGHT
RAMLAL & OTHERS REVIVES THE IS NOT AVAILABLE TO
[2005(104) OPERATION WORKMEN WHO LOSE THEIR
FLR 820-SC] JOBS DUE TO TRANSFER
OR AS PER SEC 25 FF & UNDER 25FF OR 25FFF
[2005(1) 25FFF WHEN AN
LLJ 853] 3 UNDERTAKING IS
TRANSFERRED OR
CLOSED, AFFECTED
WORKMEN ARE
ELIGIBLE FOR
COMPENSATION AS
APPLICABLE UNDER
SEC 25 F
IS SUCH A
SETTLEMENT
ENFORCEABLE?
8DAMOH PANNA 1UNDER SECTION 11-A 1 IT IS NOT CORRECT TO SAY
RURAL BANK OF ID ACT, LABOUR THAT LABOUR COURTS
COURTS ARE HAVE UNLIMITED AND WIDE
VS EMPOWERED TO POWERS UNDER SECTION 11-
REDUCE THE 2 A TO REDUCE PUNISHMENTS
SARVESH BERRY PUNISHMENT OF
[2005(104) DISMISSED WORKMEN NORMALLY EMPLOYER
FLR 291-SC] IF THE COURT FINDS ALONE SHOULD BE THE
THE PUNISHMENT TOO APPROPRIATE AUTHORITY
HARSH OR TO DETERMINE
DISPROPORTIONATE 3 PUNISHMENTS FOR
TO MISCONDUCT ENSURING DISCIPLINE
COMMITED
LABOUR COURTS CAN
IS THERE ANY INTERFERE ONLY IF THE
LIMITATION TO POWES LABOUR COURT GIVES A
OF THE LABOUR 4 REASONED ORDER
COURT? SHOWING THAT THE
PUNISHMENTS IMPOSED BY
EMPLOYER IS SHOCKINGLY
DISPROPORTIONATE AND
HAS DISTURBED
CONSCIENCE OF THE COURT
COURTS MERELY
MENTIONING THAT THE
PUNISHMENT IS SHOCKING
OR DISPROPORTIONATE
WOULD NOT BE ENOUGH
Everybody would have come across the recent update in the PF website in chennai about
the definition of Basic wages.As per the same, the department has posted a update which
claims to include Conveyance part of the salary also in to Basic wages.
What we have been practising and following so far is that for the purpose of considering
Basic wages, we will take Rs.2700 alone. But as per the update given, the department
is construing the judgement of Division Bench of the Honourable Andhra Pradhesh High
Court in
Provident Fund Commissioner, that the EPF & MP Act, 1952 (citation not
mentioned in the website) that except HRA portion which is specifically excluded in the
section, apart from Rs.2700, another Rs.800+Rs.100 is added to the basic, and
contribution to be paid on this.
TPM Definition
A company-wide team-based effort to build quality into equipment and to improve
overall equipment effectiveness
Total
Productive
Maintenance
TPM combines the traditionally American practice of preventive maintenance with Total
Quality Control and Total Employee Involvement, to create a culture where operators
develop ownership of their equipment, and become full partners with Maintenance,
Engineering and Management to assure equipment operates properly everyday.
Origins of TPM
• Dr. Deming introduced statistical analysis and used the resulting data to control quality
during manufacturing (TQM)
• Some general concepts of TQM did not work well in the maintenance environment
• The need to go further than preventive maintenance was quickly recognized by those
companies who were committed to TQM
Change the equipment so the operator can identify any abnormal conditions and measure
deterioration before it affects the process or leads to a failure
7. Continuous improvement
2nd TPM Pillar: Equipment and Process Improvement
Objective: maximize efficiency by eliminating waste and manufacturing losses
Equipment Losses
Equipment Losses
OEE measures the efficiency of the machine during its planned loading time. Planned
downtime does not effect the OEE figure.
• Correct operation
• Correct set-up
• Cleaning
• Lubrication
• Retightening
• easy to operate
• easy to clean
• material conditions
• equipment precision
• production methods
• process parameters
2 major components
• soft skills training: how to work as teams, diversity training and communication skills
They collect the fee & other charges from various industries & pay the
salaries, provide benefits to the employees. The Leasing company will
pay complete salary and benefits to the employees irrespective of the
number of days that the employee is sent to various organizations on
lease.
This type of agreement is beneficial to the leasing company, specialist
employees and the industry. The industry with limited budget can
utilize the expert advice & service of most competent human
resources.
Moonlighting by Employees:
This is a situation, which arises among employees on account of
dissatisfaction from present wage & salary structure. They feel that
employer enjoys the increased profit and that they are being exploited
by the employer. Consequently they agitate for hike in wages or take
up another part-time job or business simultaneously with that of the
original job. This is also known as Double Jobbing.
Due to dual career groups, both wife & husband will be loaded with
grievances & problems as both of them share their problems, both at
work and off the job. In view of overloading of the problems to both the
members in dual career groups, they spend heir time and energy in
solving the problems or in getting the grievances redressed for both
the parties. So, there will be possibility of less commitment to the work
in the organization by both the parties.
Due to this new trend in HR, in a nutshell, the HR manager should treat
people as resources, reward them equitably, and integrate their
aspirations with corporate goals through suitable HR policies.
Flexi-work:
It is a program that allows flexibility in handling the type of work in
various departments of the organizations in systematic way by the
employee during his tenure of employment in an organization. For
example, a candidate may be selected as a clerk in the Personnel
Department and after two years he may be allowed to take up work in
any other department of the organization.
COLLECTIVE BARGAINING:
It is an institutional process for solving problems arising directly out of
employer-employee relationships. Through collective bargaining. the
two parties become responsive to each other. Employees ventilate
their problems relating to wages, employee benefits etc. while the
management puts forth its demands regarding employee co-operation
and commitment so as to maximize its profits. Thus, the two parties
discuss the problem and each party tries to solve the problems of the
other. The scope of collective bargaining is wider as the solutions for
common problems can be found directly through negotiations between
both the parties.
COLLABORATIVE MANAGEMENT:
It is the general practice that the owners and/or their representatives
manage the organization. But most of the organizations have started
allowing their employees to participate in management. It is viewed
that different parties concerned with the organizational activities will
manage the organization through participation. Such type of
management system is referred as 'Collaborative Management'.
Employee's participation in management was initiated to satisfy
workers' psychological needs, to develop a sense of belongingness and
loyalty to the organization.
RECOMMENDATIONS : -
Change is the law of nature. It is necessary way of life in different
circles. Though there may be some discontentment during the early
days of change, people learn to meet the changes and adopt
themselves to the changing situations. The management in future will
try to:
CONCLUSION:-
- Babu
The Workforce Profile defined about 60 "soft skills", which employers seek. They are applicable
to any field of work, according to the study, and are the "personal traits and skills that employers
state are the most important when selecting employees for jobs of any type."
1. Math.
2. Safety.
3. Courtesy.
4. Honesty.
5. Grammar.
6. Reliability.
7. Flexibility.
8. Team skills.
9. Eye contact.
10. Cooperation.
11. Adaptability.
12. Follow rules.
13. Self-directed.
14 Good attitude.
15. Writing skills.
16. Driver's license.
17. Dependability.
18. Advanced math.
19. Self-supervising.
20. Good references.
21. Being drug free.
22. Good attendance.
23. Personal energy.
24. Work experience.
25. Ability to measure.
26. Personal integrity.
27. Good work history.
28. Positive work ethic.
29. Interpersonal skills.
30. Motivational skills.
31. Valuing education.
32. Personal chemistry.
33. Willingness to learn.
34. Common sense.
35. Critical thinking skills.
36. Knowledge of fractions.
37. Reporting to work on time.
38. Use of rulers and calculators.
39. Good personal appearance.
40. Wanting to do a good job.
41. Basic spelling and grammar.
42. Reading and comprehension.
43. Ability to follow regulations.
44. Willingness to be accountable.
45. Ability to fill out a job application.
46. Ability to make production quotas.
47. Basic manufacturing skills training.
48. Awareness of how business works.
49. Staying on the job until it is finished.
50. Ability to read and follow instructions.
51. Willingness to work second and third shifts.
52. Caring about seeing the company succeed.
53. Understanding what the world is all about.
54. Ability to listen and document what you have heard.
55. Commitment to continued training and learning.
56. Willingness to take instruction and responsibility.
57. Ability to relate to coworkers in a close environment.
58. Not expecting to become a supervisor in the first six months.
59. Willingness to be a good worker and go beyond the traditional eight-hour day.
60. Communication skills with public, fellow employees, supervisors, and customers.