BONUS ACT BASICS
A bonus is an extra amount of money that is added to someone's pay, usually because they have worked very hard.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
BONUS ACT BASICS
A bonus is an extra amount of money that is added to someone's pay, usually because they have worked very hard.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
This Act applies to wages payable to an employed person in respect of a wage period if such wages for that wage period do not exceed. Six thousand five hundred rupees per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organization, the Central Government may after every five years, by notification in the Official Gazette, specify.
Reference of industrial disputes for settlement - Settlement
machinery for Industrial Disputes, Conciliation Officer, Board of
Conciliation, Court of Enquiry, Labour Court, Industrial Tribunal
and National Tribunal and Arbitration, their composition, powers,
and duties,
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
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This Act applies to wages payable to an employed person in respect of a wage period if such wages for that wage period do not exceed. Six thousand five hundred rupees per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organization, the Central Government may after every five years, by notification in the Official Gazette, specify.
Reference of industrial disputes for settlement - Settlement
machinery for Industrial Disputes, Conciliation Officer, Board of
Conciliation, Court of Enquiry, Labour Court, Industrial Tribunal
and National Tribunal and Arbitration, their composition, powers,
and duties,
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
FellowBuddy.com is an innovative platform that brings students together to share notes, exam papers, study guides, project reports and presentation for upcoming exams.
We connect Students who have an understanding of course material with Students who need help.
Benefits:-
# Students can catch up on notes they missed because of an absence.
# Underachievers can find peer developed notes that break down lecture and study material in a way that they can understand
# Students can earn better grades, save time and study effectively
Our Vision & Mission – Simplifying Students Life
Our Belief – “The great breakthrough in your life comes when you realize it, that you can learn anything you need to learn; to accomplish any goal that you have set for yourself. This means there are no limits on what you can be, have or do.”
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Microstructure Analysis of Inlet and Exhaust Valves used in LPG fueled Retrof...IJMER
Mechanically operated poppet valves are used, both as inlet and exhaust, for most conventional
automotive engines in passenger cars. These valves are subjected to high temperatures throughout their operating
cycle. A valve originally designed for a gasoline engine, when used for an LPG fueled retrofitted engine, goes
through considerable mechanical damage, corrosion, erosion, wear and tear. It also demonstrates significant
changes in its microstructure. This investigation focused on microstructure analysis and quantitative metallography
of such inlet and exhaust valves using Atomic force microscopy (AFM) technique. The surface morphology of the
valve material was studied and AFM measurements were used for quantitative characterization of the structure as
also to gain useful information about crystallographic orientation of individual grains, the formation of cracks,
identification of potential crack initiation and fracture sites, etc. A comparative evaluation of microstructure of worn
- out valves with new valves was also carried out.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
2. Meaning Of Industrial Dispute
According to the Industrial Disputes Act,
1947, the term 'industrial dispute' means "any
dispute or difference between employers and
employers, or between employers and
workmen, or between workmen and workmen,
which is connected with the employment or
non-employment, or the terms of employment
or with the conditions of labour, of any person“.
3. Objectives Of Industrial Dispute Act,1947
1. To provide a suitable machinery for the just, equitable
and peaceful settlement of industrial disputes.
2. To promote measures for securing and preserving amity
and good relations between employers and employees.
3. To prevent illegal strikes and lockouts.
4. To provide relief to workers against layoffs,
retrenchment, wrongful dismissal and victimisation.
5. To promote collective bargaining.
6. To ameliorate the conditions of workers.
7. To avoid unfair labour practices.
4. Reasons/Causes of Industrial Disputes
1) Demand for higher wages and allowances.
2) Demand for payment of bonus and determination of its rate thereof.
3) Demand for higher social security benefits.
4) Demand for good and safer working conditions, including length of a
working day, the interval and frequency of leisure and physical work
environment.
5) Demand for improved labour welfare and other benefits. For example,
adequate canteen, rest, recreation and accommodation facility,
arrangements for travel to and from distant place’s, etc.
5. Methods For Settlement Of Industrial
Disputes
1. Conciliation
2. Arbitration
3. Adjudication
6. CONCILIATION
Conciliation is the “practice by which the
services of a neutral party are used in a
dispute as a means of helping the disputing
parties to reduce the extent of their differences
and to arrive at an amicable settlement of
agreed solution.”
The Industrial Disputes Act, 1947 provides
for “Conciliation Officer or A Board of
Conciliation”.
7. Conciliation Officer
A Conciliation Officer Is a Person appointed by
the Government to conciliate between the
parties to the industrial dispute.
The Conciliation Officer is given the powers of
a civil court, whereby he is authorised to call
the witness the parties on oath.
8. Roles Of Conciliation Officer
1. He shall, hold conciliation proceedings in the prescribed manner.
2. He shall investigate the dispute and all matters affecting it and may do all
such things as he thinks fit for the purpose of inducing the parties to come to
a fair settlement of the dispute.
3. If a settlement of the dispute or of any of the matters in dispute is arrived at in
the course of the conciliation proceedings the conciliation officer shall send a
report thereof to the appropriate government together with a memorandum of
the settlement signed by the parties to the dispute.
4. If no such settlement is arrived at , the conciliation officer shall, as soon as
practicable after the close of the investigation, send to the appropriate
Government a full report setting forth the steps taken by him for ascertaining
the facts and circumstances relating to the dispute and for bringing about a
settlement thereof, together with a full statement of such facts and
circumstances, and the reasons on account of which, in his opinion, a
settlement could not be arrived at.
5. If, on a consideration of the report referred to in sub-section (4), the
appropriate government is satisfied that there is a case for reference to a
Board, , it may make such reference. Where the appropriate government
does not make such a reference it shall record and communicate to the
parties concerned its reasons therefore.
6. A report under this section shall be submitted within fourteen days of the
commencement of the conciliation proceedings or within such shorter period
as may be fixed by the appropriate government.
9. BOARD OF CONCILIATION
In case Conciliation Officer fails to resolve the
differences between the parties, the
government has the discretion to appoint a
Board of Conciliation.
It consists of a chairman and two or four other
members.
The Board must submit its report to the
government within two months of the date on
which the dispute was referred to it. This
period can be further extended by the
government by two months.
10. Arbitration
Arbitration is a process in which the conflicting
parties agree to refer their dispute to a neutral
third party known as ‘Arbitrator’. Arbitration
differs from conciliation in the sense that in
arbitration the arbitrator gives his judgment on
a dispute while in conciliation, the conciliator
disputing parties to reach at a decision.
11. Types Of Arbitration
1. Voluntary Arbitration: In voluntary arbitration both the
conflicting parties appoint a neutral third party as arbitrator.
The arbitrator acts only when the dispute is referred to
him/her. With a view to promote voluntary arbitration, the
Government of India has constituted a tripartite National
Arbitration Promotion Board in July 1987, consisting of
representatives of employees (trade employers and the
Government. However, the voluntary arbitration could not
be successful because the judgments given by it are not
binding on the disputants. Yes, moral binding is exception to
it.
2. Compulsory Arbitration: In compulsory arbitration, the
government can force the disputing parties to go for
compulsory arbitration. In other form, both the disputing
parties can request the government to refer their dispute for
arbitration. The judgment given by the arbitrator is binding
on the parties of dispute.
12. Adjudication
Adjudication: The ultimate legal remedy for the
settlement of an unresolved dispute is its
reference to adjudication by the government.
The government can refer the dispute to
adjudication with or without the consent of the
disputing parties. When the dispute is referred
to adjudication with the consent of the
disputing parties, it is called ‘voluntary
adjudication.’ When the government herself
refers the dispute to adjudication without
consulting the concerned parties, it is known
as ‘compulsory adjudication.
13. Three-tier machinery for the adjudication of indus-
trial disputes:
1. Labour Court
2. Industrial Tribunal
3. National Tribunal
14. Labour Court
Under Section 7 of the Industrial Disputes Act,
1947, the appropriate Government by notifying in
the official Gazette, may constitute Labour Court
for adjudication of the industrial disputes.
The labour court consists of one independent
person who is the presiding officer or has been a
judge of a High Court, or has been a district judge
or additional district judge for not less than 3
years, or has been a presiding officer of a labour
court for not less than 5 years.
The labour court deals with the matters specified
in the second schedule of the Industrial Disputes
Act, 1947.
15. Issues that come under Labour Court
1. The property or legality of an employer to pass
an order under the standing orders.
2. The application and interpretation of standing
orders.
3. Discharge or dismissal of workers including
reinstatement or grant of relief to workmen
wrongfully dismissed.
4. Withdrawal of any statutory concession or
privilege.
5. Illegality or otherwise of a strike or lockout.
6. All matters other than those reserved for
industrial tribunals.
16. INDUSTRIAL TRIBUNAL
Under Section 7A of the Act, the appropriate
Government may constitute one or more
Industrial tribunals for the adjudication of
industrial disputes. Compared to labour court,
industrial tribunals have a wider jurisdiction. An
industrial tribunal is also constituted for a
limited period for a particular dispute on an
adhoc basis.
17. Issues that come under
Industrial Tribunal
1. Wages, including the period and mode of payment.
2. Compensatory and other allowances.
3. Hours of work and rest periods.
4. Leave with wages and holidays.
5. Bonus, profit sharing, provident fund, and gratuity.
6. Classification by grades.
7. Rules of discipline.
8. Rationalisation.
9. Retrenchment of employees and closure of an
establishment or undertaking.
10. Any other matter that can be prescribed.
18. National Tribunal
This is the third one man adjudicatory body
appointed by the Central Government by
notification in the Official Gazette for the
adjudication of industrial disputes of national
importance. The central Government may, if it
thinks fit, appoint two persons as assessors to
advise the National Tribunal. When a national
tribunal has been referred to, no labour court
or industrial tribunal shall have any jurisdiction
to adjudicate upon such matter.