In today’s time lot of HR professionals miss out lot off small statutory points while working in day to day life. Following are some key points which one can be helpful in there day to day working:

Labor Law

  1. Allowances not to be included in the Basic wages for calculation of EPF
  2. Any driver not engaged for establishment is not to be covered under Provident Fund Act.
  3. There is no age of retirement prescribed in Factories Act 1948 or any Labour Law.
  4. A daily wager also works in temporary capacity he is not a permanent employee
  5. A driver engaged by an executive/officer pays his salary from his reimbursement will not become employee of that organization.
  6. A Hotel or Restaurant is not a Factory and is not under Industrial Dispute Act 1947 or Factories Act.
  7. It is immaterial whether the employees are working for 22 Days or more in a Month. The gratuity will be calculated as if an employee is working for 26 Days in a month.
  8. Availing of Leave – Not a Right

 

Misconduct

  1. Striking off names by the employer without issuing charge-sheets or holding of enquiry will be illegal.
  2. Notice of retrenchment displayed on Notice board – does not meet statutory.
  3. Any employee I rightly discharged for his unauthorized habitual absence.
  4. Any worker or employee not regular to his duties is not entitled to any relief.
  5. A suit claiming Rs.1 Crs. towards damages stating that termination clause was against the public policy not tenable.
  6. Conciliation Officer is not empowered to decide as to weather the enquiry is valid or not
  7. When a workmen is guilty of serious lapses he will not be posted on sensitive jobs
  8. Transfer of any employee to any destination by competent authority is justifiable
  9. Dismissal for Sexual Harassment is Justified
  10. Removal from service for the misconduct of misappropriation for Employers money is justified.
  11. Sleeping while on duty is misconduct and dismissal is justified.