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Old 07-01-2008, 02:05 PM
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Default Useful Legal Tips..

An employer can make deduction of provident fund dues from contractor


An employer is entitled to make deduction from the contractor under section 8 A of the Employees' Provident Funds and Miscellaneous Provisions Act. Employer can recover the amount by deduction from any amount payable to the contractor under any contact or as a debt payable by the contractor.

Leave not being matter of right, habitual absenteeism is gross indiscipline and dismissal justified.

In the matter of discipline, the action taken by the employer in dismissing the delinquent that too after holding of enquiry, the Labour Court should have exercised its powers carefully while setting aside the punishment. Habitual absenteeism is the gross indiscipline. Gross indiscipline cannot be tolerated at any cost
A worker can be removed on ground of continued ill-health

If a worker suffers from almost an incurable disease and he cannot perform his duties because of his continued ill-health then company can certainly get rid of him. It is always better for an employee and employer bothers to arrive at an amicable settlement. If an employee cannot do his duties because or continued or incurable illness then company is not legally or morally bound to have him in employment.

Last edited by Piyu40 : 07-01-2008 at 02:07 PM.
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