Can any establishment’s management announce “no work no pay” when work is not available?

This question arises in mind of most of employer as to how to get solution for said query. To answer, it can say that as per one of the decided case of Supreme Court of India, when employees make themselves available for work and the employer is unable to provide work, then the principle of “no work no pay” will not be valid.

It is only when work is offered by the employer which employee is under obligation to do as per the contract of employment and if employee refuses, then the principle of “no work no pay” will be applicable.

To get the supporting case law for this do write us on girishvivalkar979@gmail.com

Hope this small write up will give insight about pertained subject.

IMPORTANT:

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

Can contractual employee demand bonus from Principal Employer?

As I have already mentioned in my previous articles that liability to pay the wages to the contractual workers by the Principal Employer’s has been recognized in section 21(4) of the Contract Labour (Regulation & Abolition) Act, 1970 in case of failure by contractor to pay the wages to its employee. Thus, the wages due to the contract workmen does not include Bonus and Gratuity.

This is made clear by the definition of wages in the Industrial Dispute Act and Payment of Wages Act. Therefore, the Principal Employer is not liable to pay Bonus to the contractual employees.

To get the supporting case law for this do write us on girishvivalkar979@gmail.com

Hope this small write up will give insight about pertained subject.

IMPORTANT:

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

ESI online Payment Procedure & List of Banks

Dear All,

Please find below ESI online payment procedure along with list of banks from which establishments can make ESI payment through online.

Hope this small information will give insight about pertained subject.

IMPORTANT: 

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

Compensation claim from Principal Employer by contract worker under Employee’s compensation Act, 1923

As per the relevant section of the Employee’s compensation Act, 1923, the injured contractual employee can claim the compensation from the Principal Employer.

It has very well mentioned under section 12 of the Employee’s compensation Act, 1923 that the Principal Employer is made liable to pay compensation to such injured employee of the contractor which Principal Employer would have been liable to pay if that employee had been immediately employed by him.

Nevertheless, the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he/she is immediately employed. But when the Principal Employer is liable to pay compensation then in that case Principal Employer shall be entitled to be indemnified by the contractor.

It may please be noted that the injured employee is at liberty to claim the compensation from the contractor instead of Principal Employer.

To get the supporting case law for this do write us on girishvivalkar979@gmail.com

Hope this small write up will give insight about pertained subject.

IMPORTANT:

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.