
Soplacing an employee in the Performance Improvement Plan and terminating thereafter is not valid.
TheSupreme Court in the matter of KS Ravindran V B.M. New India Assurance Co [2015 LLR 790] held that Termination for failure to achieve targets, without enquiry, not valid.
Company can introduce VRS Scheme and employees with 10 years of service or 40 years of age will be eligible for income tax exemption up to five lakhs.
Iftheabove criteria is not fulfilled, the VRS amount received by the employee is taxable.
Theperiod of the scheme operation is the discretion of the Management.
Thevacancies arisen out of VRS Scheme should not be filled again.
Employer shall not dismiss, discharge or reduce or otherwise punish an employee during the period when he or she is in sickness benefit or maternity benefit or temporary disablement benefit under section 73 of ESI Act.
Ifanyemployer contravenes section 73, it would not only render the dismissal or discharge invalid but also expose the management to prosecution under section 85.
Wherenotice of dismissal or discharge or reduction is given during the specified period of illness, the same shall remain in abeyance because the same is not valid nor the same can be made operative during that period.
TheActonly requires the employer not to dismiss or terminate during the period of sickness benefit period. However, in the case of voluntary abandonment, this will not be applicable.
Noemployer shall dismiss or discharge a women employee who is absent from duties under the provisions of this Act and also any time during pregnancy.
Womenemployees engaged directly or through any agency are covered under the Act.
Anyemployee worked for 80 days or more is eligible for benefits under the Act.
Anemployee while on probation applied for maternity leave. LIC of India discharged her from the services. Supreme Court held in the case of Neera Mathur Vs LIC of India ruled in favour of the women employee and ordered reinstatement.
Held that in case of misconduct connected with pending dispute the discharge or dismissal shall tak effect only on approval granted by the concerned Industrial Court.
Held that during the pendency of management’s application for permission to dismiss the workman, the company shall pay the subsistence allowance, if placed under suspension.
Onemonth notice or wages in lieu of notice.
Compensation of fifteen days average pay for every completed year of service. 6 months and above treated as one year.
Consumer Co-operative wholesale stores will not be treated as ‘Industrial Establishment’ under the Section 25L of I D Act and as such the closure of such stores will not attract section 25N of the I D Act providing for prior permission for retrenchment of workmen.
Nopriorpermission for closing a hotel is required since it is not an ‘Industrial Establishment’ under Section 25L of the ID Act.
within 42 days of giving such notice.
No such notice is required, if the change is effected pursuance of any settlement or award.
Changein service conditions not permissible without workmen’s consent.
Increasein prevalent working hours will amount to change of conditions of service attracting section 9A of the Act.
Anotice of change must precede to the introduction of manpower rationalization of an industry resulting into retrenchment of workmen.
Reduction of wages not stipulated in the settlement without notice under section 9A of ID Act, not legal.
Reduction of project allowance from 10% to 8%, without giving 21 days notice as prescribed by section 9A of the I D Act, will not be sustainable.
Reduction of earned leave from 32 to 18 is not valid in the absence of ‘notice of change’ as prescribed under section 9Aof the ID Act.
Employer contributing provident fund contributions over and above limits prescribed under the enactment and the employer discontinued PF contribution paid in excess of limits. The High Court of Kerala (DB) (Vijayan Vs Secretary to Government 2006 (3) LLJ 337) held that the Provident Fund contributions made by the employer in excess of the statutory limits are only gratuitous concession and its withdrawal required no notice and this cannot be challenged.
Transferis not a change in service conditions.
TheManagement is well within the right to increase the prices of eatables etc., without giving notice under section 9A of the ID Act. The Bombay High Court ( Blue Star Workers Union Vs Blue Star and others, 1990 LLR 543 ) held that the canteen facility, given to the workmen at confessional rates for over several years were merely a welfare facility and could not demand to be a condition of service of the workmen. The management may revise the rate of food items unilaterally when the prices of the food items have risen rapidly.
Againinthe year [2001 [LLJ 1261 Voltas Switchgear Plant Employees’ Union V Voltas Switchgear Ltd] Bombay High Court held that – Fixation of new rates for canteen items cannot be treated as change in conditions of service.
Wherethe company has changed the weekly rest day from Sunday to Monday due to partial load shedding, it has been held that where notice was given for the change of weekly rest day under section 65 of Factories Act to the authority concerned, such change of weekly rest day will not come within the purview of section 9 A of I D Act.
Tointerfere with, restrain from, or coerce, workmen in the exercise of their right to organize, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining.
Granting wage increase to workmen at crucial periods of trade union organization, with a view to undermining the efforts of the trade union at organization.
Toadvice or actively support or instigate any strike deemed to be illegal?Tocoerce workmen to join a trade union or refrain from joining a trade union?Tostage,encourage or instigate such forms of coercive actions as wilful “go slow”, squatting on the work premises after working hours or “gherao” of any of the members of the managerial or other staff.
Toindulge in acts of force or violence or hold out threats of intimidation against any workman with a view to prevent him from attending work.
Unfairlabour practice if proved, against the Management, is a punishable offence.
Ifdomestic enquiry is conducted without following the principles of natural justice, such an act of the employer can be characterized as unfair labour practice.
G Vinayagam Vs GM Metropolitan Transport Corporation 2014 LLR(SN) 222 Mad HC?Successive appointments for fixed-term employment will be unfair labour practice.
Engaging casual and temporary workers for years together and denying permanency will amount to unfair labour practice.
Evenathreat of discharge or dismissal of a workman for joining union may amount to unfair labour practice.
Engagement of trainees and apprentices within the permissible limits will not amount to unfair labour practice.
2. Revise, revise, revise!
I must keep this post brief as I am preparing my part of the talk for tonight’s SCBWI schmooze about the LA conference. I’ll be sharing it with you all tomorrow. No spoilers here!
Here’s to a fantastically productive (and much cooler) fall.
The DNA repair gene, X-ray repair cross-complementing group 3 (XRCC3) Thr241Met polymorphism may be associated with a susceptibility to glioma. The present study aimed to investigate the association between the XRCC3 Thr241Met polymorphism and the potential susceptibility to gliomas. A hospital-based case-control study was conducted, which included a total of 886 patients with glioma and 886 healthy control subjects. Peripheral blood samples were extracted and the polymerase chain reaction-restriction fragment length polymorphism method was performed to analyze the genotypes. The glioma patients had a significantly higher frequency of the XRCC3 241 MetMet genotype [odds ratio (OR) = 1.62; 95% confidence interval (CI): 1.09-2.41; P=0.02] compared with the control subjects. When stratified by the grade of the glioma, the patients with stage IV glioma (according to the World Health Organization classification) had a significantly higher frequency of the XRCC3 241 MetMet genotype (OR=1.61; 95% CI: 1.06-2.44; P=0.03). When stratified by the histology of the glioma, there was no significant difference in the distribution of each genotype. The findings of the present study indicate that the XRCC3 Thr241Met polymorphism is associated with a susceptibility to glioma.
Background: Excision repair cross complementation group 1 (ERCC1) has been shown to be involved in the progression of glioma susceptibility. However, the results remain conflict. The aim of this study was to systematically review and evaluate the role of ERCC1 C118T and C8092A polymorphisms in...
Objectives: To comprehensively evaluate the association of ERCC1 C8092A and ERCC2 Lys751Gln polymorphisms with the risk of glioma. Methods: Potential studies were searched and selected through the Pubmed/MEDLINE, EMBASE, the China National Knowledge Infrastructure (CNKI) platforms, WanFang and...
Gliomas are the most common type of primary brain tumors. The X-ray repair cross complementing group 1 (XRCC1) Arg194Trp variant affects the proliferating cell nuclear antigen (PCNA) binding region, which suggests that this mutation may contribute to glioma genesis. A number of articles have...
The capacity to repair damaged DNA is a basic tool by which the mammalian cell maintains its genetic integrity and prevents