Brick HR

Haryana Assembly today passed Haryana Enterprises Bill to ensure ease of doing business for the promotion of industrial development and facilitation of new investments. The bill provides for simplification of regulatory framework and to assist the promoters in speedy implementation of Industrial and other projects in the state by providing single-point time-bound clearances under one roof required for setting up of enterprises and reducing the procedural requirements. According to provisions of the bill, State government shall constitute Haryana Enterprises Promotion Board under the chairmanship of chief minister by notification. The board shall consist of two tiers, the empowered executive committee at state level and the district level clearance committee at district level for grant of project clearance.

Permitting all shops and establishments to keep open on all 365 days in a year initially for a period of one year Under the Tamil Nadu Shops and Establishment, Act. [G.O.Ms.No.55, Labour and Employment (K2), 25th February 2016 ] No. II(2)/LE/242/2016.—In exercise of the powers conferred by Section 6 of the Tamil Nadu Shop and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947), the Governor of Tamil Nadu hereby exempts all the shops and establishments from the provision of sub – section (1) of Section 11 of the said Act, and permits all the shops and, establishment in Tamil Nadu to keep open on all 365 days of the year initially for a period of one year, in public interest with effect on and from the date of publication of this Notification in the  Tamil Nadu Government Gazette,  subject to the following conditions, namely:- Every employee shall be given one day holiday in a week on rotation basis, and the details of every employee shall be provided in ‘Form S’ and shall b

If you are a registered member with EPFO’s UAN Member Portal , by now you would have been familiar with the facilities that are available on the portal. But two facilities like” online transfer of EPF claims” and “online checking of the status of the transferred claims” are still not available. EPFO states that this is still under progress. However, you can still make EPF online transfer claim through EPFO’s Online Transfer Claim Portal (OTCP). Below is the procedure on how to do EPF transfer online. What is the procedure to submit EPF Online Transfer Claim through OTCP? Check Eligibility for filing Online Transfer Claim : To file a EPF transfer claim online, the member IDs (Your present & previous) should be available in EPFO database and your employer should have registered the digital signatures of his authorized signatories with EPFO on the portal. Follow below points to know whether you are eligible to file a online Transfer Claim: Visit www.epfindia.gov.i

1.        Why Trade License is required. a.        Its require for obtaining permission in writing of the Commissioner to employ steam, electricity, water or other mechanical power (u/s 330 of Haryana Municipal Corporation 1994  similar with other state too need to check) b.       Eating houses, tea shop, coffee house, cafe, restaurant, is not to be used without license from Commissioner (u/s 335 of Haryana Municipal Corporation 1994 & similar with other state too need to check) 2.        Trade License Applicable to :- a.        Delhi b.       West Bengal c.        Karnataka d.       Tamil Nadu e.       Andra Pradesh f.         Telangana g.        Haryana (U/S 330, 331, 335, 336 Of Haryana Municipal Corporation act 1994) h.       Other State ( Need to check the provision for other State  Municipal Corporation Act ) 3.        Eligible for applying for trade license . a.       A person who intends to set up a trade can apply for a trade license

SC says that the complaint for termination of an employee is also arguable in the place wherein the management establishes the termination An employee was working in a company situated in Aurangabad. Later, he was transferred to Pondicherry i.e. company’s branch and in Pondicherry the employee was given the order of termination. The employee approached the Labour Court which stated that his complaint is maintainable. However, the Industrial Tribunal and the High Court noted that the Aurangabad Labour Court have no jurisdiction over the instant matter. Aggrieved, the employee came before the Supreme Court. Supreme Court observed that a complaint against the termination of an employee is also maintainable in the place where the management decides termination. The Court said “the undisputed position is that the appellant was employed by the Company in Aurangabad, he was only transferred to Pondicherry, the decision to close down the unit at Pondicherry was taken by the Company at Au

In a case, the petitioner had tried to get family pension in his late mother’s favour including the interest. The petitioner’s writ petition was dismissed as the mother had not claimed and had not come before the Court when she was alive. The petitioner came up asking for pension very late i.e. after 35 years of his father’s death, the Single Judge stated. Dhananjaya Yeshwant Chandrachud, Chief Justice and Yashwant Varma, Justice of the Allahabad High Court set aside the Single Judge’s order which dismissed the petitioner’s petition on the delay and laches or limitation reason and said to file it again before the Single Judge for fresh disposal. The Court noted that continuing or successive wrongs or delay or laches or limitation cannot prevent the claim till the claim does not muddle with the rights of third parties which may have generated in interim time.

A Motor Accident Claims Tribunal has granted a compensation of Rs. 24.77 lakh to the family members of a housewife. The woman was pillion-riding along with her husband when a Tempo had collided with the two-wheeler at Madangir in South Delhi last year.  The woman had died on the spot due to the grievous injuries she had sustained after being thrown off the vehicle.  The deceased’s husband submitted before the Tribunal that due to the death of his wife he and his children had suffered future monetary loss, love and affection and other losses.  The woman was 36 years old at the time of the accident. The Tribunal calculated the loss of dependency due to the death of the woman as per the guidelines set by the Delhi High Court. The Tribunal reached the compensation amount for loss of dependency by fixing her minimum wages of Rs. 10,010 per month of a non-matriculate and adding 25 per cent to it which comes to Rs. 12,512 per month and Rs. 1,50, 144 per year.

Section 9A of the Industrial Disputes Act refers to the steps that an employer should take before withdrawing any eligible benefits or altering service conditions of the workmen.    In the case of Jossie V.E v. Flag Officer ,    Employees were paid Overtime Allowances wrongly including HRA, CCA etc .    The management corrected the mistake and reduced the overtime allowances without any notice.     The Kerala High Court, while considering the legality of management’s action, held that  compliance of Section 9A is not required for correcting any mistake that has occurred in payment of salary of employees.

The phrase ‘ordinary rate of wages’ appear in Section 59 of the Factories Act , which require an employer to pay ‘ extra wages for overtime ’ work in a factory.    According to the said section, where a worker works in a factory for more than 9hrs in a day or for more than 48hrs in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ‘ordinary rate of wages’.     The Kerala High Court, in the case of Jossie v. Flag Officer , was confronted with the question of eligible allowances that form part of ‘ordinary rate of wages’.     The court held that ‘ordinary rate of wages’ includes only salary and allowances for the work [like Dearness Allowance (DA)].   It does not include such allowances which are either compensatory in character or incentive in nature. Therefore court held that  House Rent Allowance (HRA),  City Compensatory Allowance (CCA),   Transport Allowance (TA), and Small Family Norm Allowance (SFA) etc