It has now been held in the latest Delhi High Court WPC 4408/2000 and 4433/2000 reported 2012LLR22 in the case of Group 4 Securitas Gaurding Ltd & Another vs Employees PRovident Fund Appellate Tribunal & Ors. that

1. Where the contractor being employer, providing services of man-power is having control over the personnel being supplied by him to the establishment by way of issuance of appointment letters, making payment of wages and other allowances, taking disciplinary actions, effecting their placement, transfer and termination of service, the relationship between such a contractor and the establishment where the manpower is supplied by him would be of principal to principal and not that of employer- contractor.

2. As per section 2(b) read with section 6 of the Employees’ Provident Funds and Miscellaneous provisions Act, HRA, overtime allowance, bonus, comission or any other similar allowance like washing allowance are excluded and no Provident Fund Contribution is to be made towards such allowance even if Basic is less than minimum wages and these form part of such minimum wages.

Indian legislation on employment relations is extraordinarily complex and is fundamentally changed on a more or less regular basis. Any failure to manage HR risks appropriately may very well result in damaging both our organization’s financial position and its reputation. Somebody who specialise in legal issues as the interface between (strategic) HRM and employment law in the widest sense of the word, should always assist us in developing and managing HR Compliance Programs and help us keep these programmes up-to-date. This is the only way to control HR risks right from the start! The two must haves today are:

Drafting Compliance programmes
(External) Compliance Officer

The HR Legal Audit involves the following:
1. Analysis of internal documentation

The first phase of the assessment is to analyse all HR documentation. We will assess whether all of the necessary documentation required by law is in place, whether your documentation complies with current legislation and regulations and any Collective Bargaining Agreement, and whether your documentation may be cause for potential liability. Throughout the assessment, we will analyse the following:

Job application form / job application
procedure

Standardised employment contracts

Personnel manual and rules

Evaluation forms & inventory and evalution of risk

Job descriptions

Rules for whistleblowers

Service Level Agreement Arbo services

Sick pay insurance and other insurances

Contents personnel files

Code of conduct

2. Practical analysis

In the second phase, our lawyers will interview those employees (co-)responsible for human resource matters. This could include: the human resources manager or the operations manager of the management board. We will conduct a structured interview to assess the various HR processes against compliance with (internal) regulations, internal (administrative) procedures and understanding of case law. During this phase of the HR Compliance Assessment, we will check in particular whether all management levels (including managers and other staff members) are ‘compliant’.

We will assess the following:

Recruitment and selection

Job assessment

Salary system (fixed and flexible)

Investigation recent claims filed by employees

Employment conditions policy

Internal complaints procedure

Assessment and interview

Employee file management

Career policy & Mobility

Skills management

Execution Arbo policy, prevention of bullying, etc.

Case management absence due to sickness

Dismissals

Personnel administration

3. Legislation and regulations under review

During the assessment we will review legislation and regulations in relation to employment law in its broader context, including the impact of any recent amendments & relevant judgments applicable, specific to your industry or geographical areas

These will cover:

The Contract Labour Act

Provident Fund Act and Scheme

Employee Compensation Act (Workman Compensation Act)

Employee State Insurance Scheme

Payment of Wages, Minimum Wages etc.

Payment of Bonus Act

Payment of Gratuity Act

Equal Remuneration Act

Shop Act or Factories Act or impact of none applicability of any such act.

Apprenticeship Act & Employment Exchange Act

Industrial Disputes Act & other enactments conferring employee rights

Acts as specific to your industry and geographical location.

National Holidays, Casual leave and Festival Holidays enactment

Professional Taxes and Labour Welfare Funds responsibilities

Transport Workers, Sales Workers, Canteen Workers related Acts

4. Reporting

You will receive a written report explaining any potential risks and the necessary steps in order of urgency that you can and must undertake to become compliant. The report also includes recommendations for preventing risks or confining risks to a minimum.

We hope you are not creating liabilities for your organisations, being unaware of some such provisions, which if timely taken care of, can save you and your organisation from a large unbudgeted expenditures.

Ask us for free advice!

Labour welfare fund amendment vide notification No 28-Leg./2011 dated 12 Jul-11. In the Punjab labour welfare fund board amended in sub section (1) for the Words “One Rupee” and “Two Rupee” the Word “ Two rupees” and “ Four rupee” shall respectively be substituted W.E.F 22nd -June-2011.

As a manager, it can be stressful when an employee asks for a raise, especially if there is no company policy. But answering a difficult compensation question doesn’t have to be a headache. Try these three steps:
Don’t answer right away. Thank the person for bringing up the issue and then promise to get back with an answer by a specified date. This allows you time to confer with other leaders.
Fairly assess the situation. The amount of money an individual is paid is a function of two things: the value of the job itself and the person’s quality of performance. Examine both.
Go back. During a second conversation, ask the individual to explain both how she might enhance her performance and how she can make her job more valuable to the organization. Base your final decision on this input combined with your assessment!

The Honorable High Court of Delhi, in WP(C) 6333/2011 and CM no 12729/2011 has stayed the circular dated May 23, 2011 issued by Employees Provident Fund Organisation directing its officers to not to permit splitting of minimum wages.

“Add. Central P.F commissioner (compliance) by(K.C Pandey issued a circular by no. coord/4 (6)2003 / clarification/vol-II/ ON DATE 23/05/2011 regarding the splitting of minimum wages for the purpose of PF contribution not permissible. And it was also directed to review all such cases disposed of u/s 7A of the act where determination of dues has taken place on wages lesser than minimum wages.”

Now Honourable Delhi High Court of Delhi at New Delhi in the case between Central Association of Private Security Industry versus Ministry of Labour and Employment and Others has held

“……the impugned circular dated 23 may 2011 will be kept in abeyance. This will however, not prevent the authorities from deciding the pending applications under section 7A of the act on their individual merits.”

The next date is January 23, 2012

Chandigarh: Haryana has revised the state minimum wages for workers with effect from January 2010. The latest minimum wages are 4645, 4774, 5004, 5164, 5284 for the categories Unskilled, Semi-Skilled, Skilled, Staff Graduate & Technical respectively. This wages is higher by about 10% than Chandigarh minimum wages and by 20% vis a vis Punjab minimum Wages. Himachal Pradesh is far behind in terms of state minimum wages. The minimum wages are those wages below which any employer can not employ or engage a worker else he becomes liable for punishment under the Payment of Wages Act.

Dear Sir / Mam

Greetings of the day !

Eureka forbes is a Pioneer in direct Marketing.We have enlisted Several times as Preferred employees .Currently EFL has in 1500 crore turnover company with operations in 32 countries in the world, We give Opportunity for Career growth and higher Studies also.

There are various openings for the Marketing and Sales for the Onrole job profile in Eureka forbes Limited. We require 30-40 people to recruit from our branch office of chandigarh.

The Job locations are in Chandigarh,Mohali, Panchkula, Patiala, Ludhiana, Jalandhar, and Shimla

Proper training and guidance will be provide to the selected candidate.
The fixed salary paid to the employee within 5000 to 6000 per month and in addition, there are various allowances and incentives will be provide to the employees.

The Eligibility of the candidate is Matric,Undergraduate and Graduate passed candidates can apply.
Fresher candidates can also avail this learning as well as an experiencing opportunity.

Thanks.
Regards,
Avisha kathuria
Hr Executive.
Eureka Forbes,
Sector-7c, Madhya marg,
First floor, SCO no-14
Chandigarh.
Contact -0172-3048668 ,09803326667
or just contact

Topjoboptions team at 9888 888 843

Dear All,

Time has come for me to say good bye after being associated with Olympus for 1.6 years as I am moving on to explore new challenges in my professional life and pursue my career. I would like to take this opportunity to thank everybody who in whatever capacity have helped me become what I am today, because its true that I am what I am is due to Olympus.

I take this opportunity to thank Joe sir,Keshav sir,Shainu,Jasmeet , Big team and whole Olympus Team for all your support ,guidance and encouragement that you have provided me during this time.

I would like to give a special Thanks to people who have made a major difference in my professional as well as personal life.

Jorawar Sir: Hats off to you sir, a wonderful person and a fantastic BOSS,thanks for supporting me and having faith in me. .

Keshav Sir: Big thanks to you for always guiding me,encouraging me

This organisation has given me a lot of friends whose association I would always cherish.

Jasmeet- A good friend, really nice experience working with you.Thanks for helping me, motivating me & supporting me all throughout ,Will miss the fantastic moments spent with you in Olympus.
.

Parul:- A wonderful person to be associated with.will always cherish the wonderful and melodious moments at office picnics and parties.Thanks a lot.

Kiran/Richa/Bineet : Will miss the fantastic moments spent with you in Olympus.

Special Thanks to Rashmi,Richa suri,Kiran,Richa Dhingra,Mitali,Dilpreet,Maninder,Savita,Sunita,Kuljiner,Pooja,Megha……………

And the list goes on: Thanks everyone !!!!!

Keep in touch at preetybal@yahoo.com

Thanks & Regards

Gurvinder Kaur

Sr.Executive-HR

Discover Success with OMCS

Olympus has been at the forefront to provide Business & Management Solutions related to Executive Search, Temp Staffing,
Manpower, HR Legal Compliance and other Human Resource related issues for more than 20 years. It is one of the most organized
and professionally managed consultancy firms of the region. The vast and varied experiences, which we have accumulated over
the years, help us to develop and offer customized Organizational Improvement Tools/Services. A host of prominent businesses
have been making most of these to achieve improved levels of efficiency and effectiveness. It is the sustained faith and
positive response of our clients that encourages us to retain experienced professionals in our team to offer you, the Most
Comprehensive and Contemporary Set of Services tailor made for the Chief Executives and Human Resource Managers.
To conclude, Olympus acts as a one step resource center for all HRD related support systems. At the back end, our team of
seasoned professionals, and with sufficiently built in redundancy of skills, ensures you complete Business Process Continuity.

For more detail visit http://www.omcs.in

Once you join with Olympus, we take care of your placement activities. We will be your placement consultants and you can
just concentrate on your training & practice .Placement support with leading MNC & NON-MNC for placements.Top 30% performer
will get 100% assured job offer or money back

Course Objectives:
• Understanding the vision and functions of the organization.
• Get Trained to Become an Expert in every Human Resource Function. You are not only expected to possess strong knowledge base, but more importantly, you are expected to use /apply the knowledge to day to day situations that arise at the workplace

To fulfill the organizations practical needs, we are conducting H.R.Workshop to give hands on experience in the curriculum
mentioned areas…..

1. LABOUR LAWS , STATUTORY COMPLIANCE & PAYROLL PROCESSING

ESI ACT-1948
ONLINE ESI APPLICATION
ESI-Act, Eligibility, Contributions From Both Employee & Employer, Filing( Monthly & Half Yearly),
Calculations, Filling The Forms,Benefits
PF ACT-1952
PF-Act, Eligibility, Contributions From Both Employee & Employer, Filing( Monthly & Yearly), Filling The
Forms, Calculations, Benefits
.GRATUITY ACT-1972
Company Policy,Benefits,Documentations,Form Filling,Coverage &Eligibility,Calculations,Tax Exemptions Limit
.BONUS ACT-1965
Coverage & Eligibility, Calculation, Bonus Limit
Factory Act
Factory Act Provision,Procedure,Registration & License,Forms
.Contract Labour Act
Introduction,Applicability,Registration& Licensing,Wage considerations,Form Filling,Whole Procedure,Shops & Establishment Act. Industrial Disputes Act, 1947
Child Labour (Prohibition & Regulation) Act, 1986,Equal Remuneration Act, 1976
Trade Unions Act, 1926,Companies Act

2. HR GENERALIST AREAS LIST

HR Audit Points & ISO expectation from HR
Orientation on Key Terms:
Competency Mapping,Performance Management System,Policy making,SWOT Analysis,HR Balance Score card,HR Dashboard,ISO 9000 & 14000,KAIZEN & 5S
HR Admin Functions
Personal Files & Service Matters,Full & Final Settlement,Appraisals/Appointment letter,Leave policies & Procedures

3. CORE HR DOMAIN LIST

Man power planning,End to End Recruitment process ,Joining formalities and,relieving procedures,Induction,Training and Development,ER Management,Exit Interviewees,Attrition Issues,Effective Retention Policies,Negotiation Skills,Employee Engagement,Grievance Handling,HR Jargons,Appraisal Methods

4. INTERVIEW’S SESSION

Preparing Perfect Resume,Interview Tip,How to conduct Interview ,How to Face Interview,Preparing Interview questions,GD’s session.

5. PRACTICAL SESSION

PF in Excel sheet,ESI in Excel sheet,Professional Tax ,Work on payroll software,All Forms Filling Attendance & Leave Management
MIS Reports in Excel sheet,Advanced Excel reports with shortcut keys and formulas, i.e.,Pivot Table, Goal Seek, Auto & Advanced filters, Vlookup, Hlookup, Splits and Freeze panes which is used to prepare MIS Reports.

6.RECRUITEMENT & SELECTION

Manpower Requisition form, points to be seen in MRF,Internal references by sending mail,posting it on Job portal(JOB PORTALS (MONSTER, TIMES JOBS, NAUKRI.COM……), points to be observed while dealing with HR consultants., How to negotiate with the candidate.,Points to be observed while closing the position.,Induction: Points to be incorporated in induction program. Hand holding or Buddy program for a new Joinee.

7.DESKTOP DATA SECURITY
IT Security Basic,Back Up & Recovery,Art Of Googling

*Note-We are providing Totally Practical Training
We are providing all study Materials(soft copy and hard copy)
Further details please visit our office

Olympus Management Consulancy Services,
2nd Floor, SCO 85, Sector 38-C, Chandigarh
or mail us to training@omcs.in

Contact Person: Richa Gupta
Mobile : 9888988841
Please note that the maximum batch size is 10.

Chandigarh, July 22, 2011: EPF department has in recent days created a seried of confusion regarding the issue. They are churning our one circular or another saying that Basic Wage or Wage for purpose of EPF wages should not be less than the prescribed minimum wages.

There are no direct clarifications in the act or scheme on this but all the indication in the act are to the contrary indicating the split to be possible.

In a recent case, which was challenged by EPF before a larger bench, and Larger bench has also upheld the order as below.

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CWP No. 15443 of 2009(O&M)
Decided on : 01-02-2011

Asstt. Provident Fund Commissioner, Gurgaon

….Petitioner

VERSUS

M/s G4S Security Services (India) Ltd. and another

It has been clearly held that ….The exclusion clause is fairly large and the exclusions made while determining the basic wage cannot be said to be unjustified unless they are totally at variance and in complete deviation of the concept of the allowances sought to be under the exclusion clause….

Now the question is what is justified split, to me it appears, that Income tax act can give us a clue. It allows 800/- as conv allowance and 40% of basic as HRA as exempted from taxable income, (obviously subject to ifs and buts of income tax act). But then if we keep basic as 60% of total and then Conv as 800/- and rest as HRA, i believe this will be a fair split.

to confuse the matter furthe EPF issued a circular, mentioning an opinion taken from some subject matter, speaking in favour of EPF mandate for obvious reasons, and the circular also mentions certain cases, which we also wish to list below

DCM Limited versus Regional Provident Fund Commissioner 1998 (1)LLJ,979 High Court Rajasthan and Airfreight Ltd. versus State of Karnatka and others AIR 1999 SC 2459.

there the Court was dealing with allowance by the name of ‘good work allowance’ which the employer sought to exclude and which action did not find favour with the Court as it went strictly by the exclusion clause which provided for the limited heads which can be excluded.

Much was said about the judgment of the Karnatka High Court in case titled as

Airfreight Ltd. versus State of Karnatka and others (supra)

but upon perusal of the said judgment, it seems that the Karnatka High Court while determining the issue had remanded the matter back to the Regional Provident Fund Commissioner for decision afresh and in a SLP preferred by the respondents against the said order of remand, the Hon’ble Supreme Court while upholding the “observation made by the Division Bench in its order should not be taken as exclusive but as tentative only and authority would be at liberty to decide the matter in accordance with law without being influenced by it”.

So i beleive that unless the basic wage is deliberately being deflated, to avoid a liability, there seems to be no harm in splitting the wages.

please consult a subject expert or just write to me at joe@nipm.org as the circumstances from organisation to organisation may differ.