Law Shastra

LABOUR LAW UP-DATE SUPREME COURT ON EPF CONTRIBUTIONS ON ALLOWANCES It may be recollected that in a Review Petition by Surya Roshni Limited vs. Employees’ Provident Fund and Another, 2012 LLR 42, Division Bench of Madhya Pradesh High Court has held that Section 2(b) and 6 of the Employees’ Provident Funds & Miscellaneous Provisions Act define basic wages and HRA, overtime allowance, bonus, commission or any other similar allowance are not covered in the definition of basic wages but when special allowance, dearness allowance, conveyance allowance and other allowances are paid universally to all the employees, they would be treated as part and parcel of basic wages. A special leave petition to appeal, as filed, came up for hearing on 13.7.2012, in which the following order was passed : ITEM NO.MM-128         ...

I have a new blog with wordpress http://lawshastra.wordpress.com/

ACCESS LICENSE GREEMENT This Agreement made at _________________this ___ day of ________2012 BETWEEN ABC, a Company incorporated under the Companies Act, 1956, with its registered office at  _______________________________(hereinafter referred to as “ABC”, which expression shall, unless it be repugnant to the context or meaning thereof, mean and include its successors and permitted assigns) of the Other Part; And XYZ, a Company incorporated under the laws of India having its registered office at ______________________ (hereinafter referred to a “XYZ”) of the One Part; WHEREAS: A.       ABC & XYZ are the……. Subsidiaries/associates of DEF and associates inter se,   engaged, inter alia,  in the business of ____________________________ etc. B.       ABC has established network across India, registered under the local statutes viz. Shops & Establishments Act and local regulations and XYZ h...

  What is a Fixed Term Contract ? Fixed Term Contract is a Contract of Employment for a fixed term/tenure between the employer and the employee/workman. This contract is adapted usually for meeting the ad-hoc requirement of the industry and also for non-core activities. Contract Labour (Regulation & Abolition) Act, 1970 regulates the engagement of labour under Contract in the establishments/industry and also provides the State/Central Government to prohibit contract labour in particular field of work/job or industry.     ·          What are the essential terms of a Fixed Term Contract?   The length of the contract .   A contract where the worker has worked for a year or more on the same job or where the contract has been renewed continuously would be an indication of the job being a permanent one. However this is subject to the type of work that is being done. Where a group of workers ...

What is ‘Basic Wages’ for the purpose of PF contributions? Source: EPF official Website of RPFT – Tamilnadu The definition of ‘Basic Wages’ has been defined under Section 2(b) of the EPF & MP Act, 1952 as below: Section 2(b) “basic wages” means all emoluments which are earned by an employee while on duty   or on leave or on holidays with wages in  e ither case in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include i. the cash value of any food concession; ii. any dearness allowance (that is to say, all cash payments by whatever name called,  paid to an employee on account of a rise in the cost of living), house rent allowance, overtime allowance, bonus, commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment; iii. any presents made by the employer; From the above definition it i...