Branch Manager whether employee under Shops & Estt Act Branch Manager whether employee under Shops & Estt Act

As per the Shops & Establishments act, the Branch Manager is the employer. But, in the Minimum Wages fixed for Shops & Establishments, there are minimum wages for Manager. Whether a Branch Manager, o

2 Response(s)

Posted 1 year ago


A. Hi,
As the law is ambiguous, the best thing to do in this case is to serve legal notice to the concerned party and file a civil suit for money recovery.

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Lay Off Compensation whether payable after 45 days under I.D Act 1947 Lay Off Compensation whether payable after 45 days under I.D Act 1947

Once Layoff is declared, in a Factory or Mines, under Sec.25-C lay off compensation has to be paid. The law says that after 45 days of Lay off, the employer can go for retrenchment. The questions ar

2 Response(s)

Posted 1 year ago


A. Hi,
1. The general rule is that the workman must be paid for all days he is laid off, but if there is a clause in the employment contract stating that no compensation shall be paid after 45 days, then the employer is not bound to pay for more.
2. No, the need for notice is normally regarded as waived.
3. Yes, the sum can be deducted or adjusted according to the amount already paid.

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Lay off chapter Section 25-C I.D Act applies to establishments below 50 workmen Lay off chapter Section 25-C I.D Act applies to establishments below 50 workmen

There is a factory or mine having 25 to 30 workmen. Whether the Lay Off Chapter applies to such an establishment or not ? Questions (i) If Lay off chapter is not applicable, in such case, when the

2 Response(s)

Posted 1 year ago


A. Hi,
1. Yes, it would be applicable.
2. No, they cannot ask for full wages, but they are entitled to compensation for lay-off.

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Latest Response 1 year ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Advocate  Anik

Advocate Anik

Locus standi of Regular employees Union to raise disputes of contract labour under I.D Act Locus standi of Regular employees Union to raise disputes of contract labour under I.D Act

There is a company called ABC Ltd, there are regular employees in that company, and there are also some contract labour in that company under XYZ Pvt Ltd. A Trade Union was registered with the name o

2 Response(s)

Posted 1 year ago


A. Hi,
If the employees of XYZ are members of the ABC trade union, then yes, they do have legal grounds to raise concerns and disputes about them.

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Latest Response 1 year ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Advocate  Anik

Advocate Anik

Registration of a Trade Union- for workers of different employers- possible ? Registration of a Trade Union- for workers of different employers- possible ?

A trade Union was registered to allow the regular employees as well as contract labour to admit as members in their union, where the workmen employed by different employers, different companies, i.e.

2 Response(s)

Posted 1 year ago


A. Hi,
Yes, it is legal for trade unions to allow such practices.

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Transfer of employee or workman whether an Industrial Dispute U/s.2(k)  I.D Act Transfer of employee or workman whether an Industrial Dispute U/s.2(k) I.D Act

The employer has got prerogative right to place which employee/workman where, in which location, or which unit, etc. Question (i) Transfer of an employee or workman whether an can be raised as an Ind

2 Response(s)

Posted 1 year ago


A. Hi,
Yes, it can be construed as a dispute within the ambit of S.2(k) of the ID Act.
However, most employees are bound to obey the transfer orders as the same would be mentioned in their employment contracts.

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Latest Response 1 year ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Advocate  Anik

Advocate Anik

Labour laws Labour laws

Private school has not giving the salary after April month and they have not even tried to make any communication regarding the job status. Am I liable to get the desired salary if not working until o

3 Response(s)

Posted 1 year ago


A. private schools are above law and employees are insects. they will make a shout and you will wet your pant. you sitting quite for 7-8 months is proof of it. nothing can be done. you will not get any salary till it opens so its upto you to decide.

Notte - i answered this question because you chose "industrial law" category.


Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield)
Note - This is just a small advice and final advice can be given only after going through your case in detail ...ReadMore

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Latest Response 1 year ago
Ankur Goel @ Complete Law Shield

Ankur Goel @ Complete Law Shield

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Advocate  Anik

Advocate Anik

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Non-payment of Salary for 6 Months by Employer Non-payment of Salary for 6 Months by Employer

Our organization has started keeping employees on furlough and wages cut starting from 1st May of 2020 without any proper formal communication/Notice or prior intimation. Also there is no transparency

4 Response(s)

Posted 1 year ago


A. In case they are avoiding your query, but they cannot avoid to clarify any Lawyer's notice. You can serve them a legal notice or can directly move before the Labour Inspector under the Payment of Wages Act. Aside please look whether they are remitting the statutory remittances like EPF or ESIC or not, else they will even face more complications.

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Kishan Dutt Kalaskar Retired Judge

Kishan Dutt Kalaskar Retired Judge

Advocate  Anik

Advocate Anik

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

trainee trainee

Trainee is eligible for pf esic or not

3 Response(s)

Posted 1 year ago


A. Dear Sir,
It all depends upon the company rules normally not entitled.

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Service matter Service matter

Sir,a service matter of safety and misuse of power by officer by our union is raised to management on our joint representation addressed to union office bearer.now if union don't pursue in court.can w

2 Response(s)

Posted 1 year ago


A. Hi,
You may proceed with the case.

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Latest Response 1 year ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Advocate  Anik

Advocate Anik