Advocate Jatin Adhav

Dismissal or termination of employee without paying salary or wages or without notice    Dismissal or termination of employee without paying salary or wages is dealt with a labour and industrial law, they deal with employment issues in order to protect workmen from unfair activities by the employer. The Constitution of India also provides Right to live and work which is a fundamental right of every citizen of India.  Also, it is utmost duty of an employer to pay employees for the work done. The Payment of Wages act and Minimum wages provide for regular and set the minimum payment of wages/salaries to employees. Terminating an employee without any reasons and without following due process such as paying retrenchment compensation, LIFO method, and pay all wages including overtime wages, bonus, gratuity, for work done by employee is essential before terminating an employee as way of retrenchment.   Author: Adv. Jatin Adhav Mobile 9762382477, email - adv.jatinadhav@gmail.com  -------------

  The Employees State Insurance Act, 1948 For Maharashtra - Amendment To Applicability - now applicable if 10 or more Employees in following establishments, The Government of Maharashtra vide notification No. ESIC 2015/C.R. 150/RAKAVI-2 has approved the notification dated 10th September 2020 towards amendments under The Employees State Insurance Act,1948. As per the amendment, the act shall extend to Shops, Hotels, Restaurants, Road Motor Transport Establishments, Cinema including preview theatres, Newspaper establishment as defined in Section 2 of the Working Journalists (Condition of Services) and Miscellaneous Provision Act, 1995, wherein TEN (10) or more person are employed or were employed on any day of the preceding twelve months. Please refer the notification for more details. Feel free to contact me for further details/clarifications in this regards, Regards, Adv. Jatin Adhav, 972382477; email – adv.jatinadhav@gmail.com

Note: - MLWF payment date extended, Maharashtra Labour welfare board has extended MLWF contribution date instead of 15 th July 2020 to till 15th August 2020 due to Covid lockdown. About MLWF (in brief): Applicability - Maharashtra Labour Welfare Fund in short ' MLWF ' is applicable to all shops & establishments with more than 5 employees in a accounting year. Period of contribution: is Half yearly ending on 30th June 2020 to be paid on or before 15th day of July   and 2nd half ending on   31st december to be paid by 15th January each year. The per worker tripartite contribution rate every year is: Details (Rate every six months per worker) Employee Contribution (Rupees) Employer’s contribution (Rupees) Government’s contribution (Rupees) A) Salaried workers whose salary is upto Rs 3000/- per month   6.00 18.00 12.00 B) Salaried workers whose salary in more than