<![CDATA[Nirathanka - BLOG]]>Fri, 27 Feb 2026 04:40:03 -0800Weebly<![CDATA[Under The Factories Act, 1948, if a Factory Manager is absent, who is legally responsible for compliance?]]>Thu, 05 Feb 2026 11:15:27 GMThttps://www.niratanka.org/blog/under-the-factories-act-1948-if-a-factory-manager-is-absent-who-is-legally-responsible-for-compliance​If the Factory Manager is absent, the responsibility for compliance under Section 7 of The Factories Act, 1948 lies with the Occupier,  the person with overall control of the factory. If the Occupier has appointed someone else to act as the Manager and informed the authorities, that person becomes responsible.

In short:
  • Primary Responsibility: Occupier
  • Secondary Responsibility: Designated person acting as Manager (if notified)

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]]><![CDATA[Mr. A, a contract laborer working in a factory, meets with a serious accident due to non-compliance with safety norms. Who is primarily liable for this accident under the Factories Act, 1948?]]>Thu, 05 Feb 2026 11:00:49 GMThttps://www.niratanka.org/blog/mr-a-a-contract-laborer-working-in-a-factory-meets-with-a-serious-accident-due-to-non-compliance-with-safety-norms-who-is-primarily-liable-for-this-accident-under-the-factories-act-1948Under the Factories Act, 1948, the Occupier is primarily responsible for ensuring the health, safety, and welfare of all workers, including contract laborers, in the factory premises. Regardless of whether the worker is directly employed or contracted, the Occupier holds the ultimate accountability for maintaining compliance with safety standards and preventing accidents.
​
If a manager or contractor fails to uphold safety standards, the responsibility still lies with the Occupier as per Section 7A of the Act.

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]]><![CDATA[A factory has 50 regular workers and 250 contract laborers. Should it be required to provide a canteen facility under the Factories Act, 1948?]]>Thu, 05 Feb 2026 10:56:40 GMThttps://www.niratanka.org/blog/a-factory-has-50-regular-workers-and-250-contract-laborers-should-it-be-required-to-provide-a-canteen-facility-under-the-factories-act-1948​Yes, the factory is required to provide a canteen facility under the Factories Act, 1948. Here's why:
  • Worker Count: The factory has 50 regular workers and 250 contract laborers, totaling 300 workers.
  • Legal Requirement: According to Section 46 of the Factories Act, a canteen is mandatory if a factory employs more than 250 workers.

Responsibility:
  • The contractor is primarily responsible for providing a canteen for contract laborers under the Contract Labour (Regulation and Abolition) Act, 1970.
  • If the contractor fails, the responsibility shifts to the principal employer (factory management) to ensure compliance.

​Since the total workforce exceeds the threshold, the occupier of the factory must ensure a canteen facility is provided and maintained.

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]]><![CDATA[Under the Code on Wages, 2019, if an employee's total remuneration includes a high HRA, special allowance, and bonuses, exceeding 60% of the total pay, how would the employer determine the employee's "wages" for statutory benefits?]]>Thu, 05 Feb 2026 10:37:39 GMThttps://www.niratanka.org/blog/under-the-code-on-wages-2019-if-an-employees-total-remuneration-includes-a-high-hra-special-allowance-and-bonuses-exceeding-60-of-the-total-pay-how-would-the-employer-determine-the-employees-wages-for-statutory-benefits-would-reducing-the-bas​If the excluded components like HRA, special allowance, and bonuses exceed 50% of the total remuneration, the excess amount beyond 50% must be added back to the "wages" for statutory calculations.

Reducing the basic pay to less than 50% of the total remuneration is not compliant with the law. The Code on Wages, 2019 mandates that wages must constitute at least 50% of the total remuneration to ensure fair calculation of statutory benefits.

Example: An employee's total monthly pay is ₹1,00,000, divided as follows:
  • Basic Pay: ₹40,000
  • HRA + Special Allowance + Bonus: ₹60,000

Here, the excluded components (₹60,000) are 60% of the total pay, which is more than 50%.
Since the excess 10% (₹10,000) crosses the 50% limit, it will be added back to the basic pay.
​
So, the "wages" for statutory purposes become:
₹40,000 (Basic Pay) + ₹10,000 (Excess) = ₹50,000
​
Reducing the basic pay to less than ₹50,000 would be against the law.

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]]><![CDATA[If an employee intentionally accesses and shares confidential company data with a competitor for personal gain, should it be considered a case of Mens Rea (guilty mind) leading to strict disciplinary action?]]>Thu, 05 Feb 2026 10:33:39 GMThttps://www.niratanka.org/blog/if-an-employee-intentionally-accesses-and-shares-confidential-company-data-with-a-competitor-for-personal-gain-should-it-be-considered-a-case-of-mens-rea-guilty-mind-leading-to-strict-disciplinary-action​If an employee intentionally accesses and shares confidential company data with a competitor for personal gain, it is indeed a clear case of Mens Rea (guilty mind). In legal and HR contexts, Mens Rea refers to the deliberate and conscious intent to commit a wrongful act.
​
Why It Qualifies as Mens Rea:
  • Intentional Misconduct: The act is done knowingly and deliberately, not by accident or mistake.
  • Malicious Motive: There is a conscious purpose to gain personal benefits while harming the organization.
  • Violation of Trust: Such behavior breaches confidentiality agreements and loyalty to the organization.
Implications:
  • Strict Disciplinary Action: Immediate termination, legal proceedings, and possible criminal charges.
  • Impact on Culture: Acts like this can damage organizational trust and morale, necessitating strict measures.

​This scenario strongly aligns with the concept of Mens Rea, making the individual liable for severe consequences.

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]]><![CDATA[If a company with 150 employees facing financial losses mutually agrees with its workers to pay wages below the statutory minimum to avoid layoffs, does this arrangement violate the law?]]>Thu, 05 Feb 2026 10:30:23 GMThttps://www.niratanka.org/blog/if-a-company-with-150-employees-facing-financial-losses-mutually-agrees-with-its-workers-to-pay-wages-below-the-statutory-minimum-to-avoid-layoffs-does-this-arrangement-violate-the-lawYes, such an arrangement would violate the law, even if there is mutual consent between the employer and the workers.

Legal Perspective:
Minimum Wages Act, 1948: The Minimum Wages Act mandates that employers must pay workers at least the minimum wage prescribed by the government for specific employment categories. Payment below the minimum wage is illegal, regardless of the company's financial status or a mutual agreement.
​
Article 23 of the Constitution: As established in the People’s Union for Democratic Rights v. Union of India (1982) case, non-payment or payment below the minimum wage amounts to "forced labor." The Supreme Court held that economic compulsion, like poverty and financial constraints - can lead to forced labor, which is prohibited by Article 23.
Contractual Agreements: Any agreement to pay less than the statutory minimum wage is void and unenforceable. The minimum wage is a statutory right and not subject to negotiation or waiver.

A company that cannot pay the minimum wage to its employees does not hold the right to exist, as it fails to fulfill its fundamental responsibility toward its workforce.

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]]><![CDATA[Can a high-ranking manager without the authority to hire, fire, or conduct disciplinary actions still be considered a "workman" under the Industrial Disputes Act, 1947?]]>Thu, 05 Feb 2026 10:26:15 GMThttps://www.niratanka.org/blog/can-a-high-ranking-manager-without-the-authority-to-hire-fire-or-conduct-disciplinary-actions-still-be-considered-a-workman-under-the-industrial-disputes-act-1947Section 2(s) of the Industrial Disputes Act, 1947 defines a "workman" as any person employed to do manual, unskilled, skilled, technical, operational, clerical, or supervisory work. It excludes individuals:
  • Subject to military or paramilitary laws.
  • Employed in police service or as prison officers.
  • Engaged primarily in managerial or administrative roles.
  • In a supervisory capacity earning above ₹10,000/month or performing managerial duties.

Key Considerations:
  • Nature of Duties vs. Designation: Actual duties, not just job titles, determine if someone is a "workman."
  • Managerial vs. Supervisory Role: Those in strategic, decision-making roles are generally not considered "workmen."
Judicial Interpretation: M/S Bharti Airtel Ltd. vs. A.S. Raghavendra | Supreme Court of India | [2024] 4 S.C.R. 100 | Civil Appeal No. 5187 of 2023. The Supreme Court ruled that A.S. Raghavendra, despite lacking hire/fire authority, was not a "workman" because his role as a Regional Business Head was primarily managerial and supervisory. The judgment emphasized that the absence of hire/fire powers alone does not determine "workman" status.

Conclusion:
​A high-ranking manager without hire/fire powers is not a "workman" if their role is primarily managerial or supervisory. The focus is on the actual nature of duties performed.

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]]><![CDATA[An employee receives a monthly Basic Pay + DA of ₹60,000 and a Special Allowance of ₹60,000. According to the Payment of Gratuity Act, 1972, how much gratuity will the employee be entitled to upon completing 10 years of continuous service?]]>Thu, 05 Feb 2026 10:17:48 GMThttps://www.niratanka.org/blog/an-employee-receives-a-monthly-basic-pay-da-of-inr60000-and-a-special-allowance-of-inr60000-according-to-the-payment-of-gratuity-act-1972-how-much-gratuity-will-the-employee-be-entitled-to-upon-completing-10-years-of-continuous-service​Gratuity is a statutory benefit given to employees as a token of appreciation for their long-term service. Under the Payment of Gratuity Act, 1972, an employee becomes eligible for gratuity after completing five years of continuous service with the employer. Here, we calculate the gratuity for an employee who has completed 10 years of service and is drawing a monthly Basic + DA of ₹60,000 and a Special Allowance of ₹60,000.

Definition of Wages under the Act (Section 2(s)):
"Wages" for the purpose of gratuity calculation include the following:
 Basic Pay and  Dearness Allowance (DA)
It excludes: Bonus, Commission, HRA, Overtime Wages, Any other allowances like Special Allowance, Conveyance, etc.
​
Since the Special Allowance of ₹60,000 does not form part of the wages under this definition, it is excluded from the gratuity calculation.
​Formula for Gratuity Calculation:
Picture
Last Drawn Wages: Basic + DA = ₹60,000 | Completed Years of Service: 10 years
15 days' wages: Standard as per the Act | 26: Considered as the number of working days in a month

Step-by-Step Calculation:
Picture
​Final Amount Payable:
₹3,46,154 (rounded to the nearest rupee)

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]]><![CDATA[A worker had 40 days of leave at year-end, but 10 days lapsed in January. Is this legal under the Factories Act, 1948?]]>Thu, 05 Feb 2026 10:12:04 GMThttps://www.niratanka.org/blog/a-worker-had-40-days-of-leave-at-year-end-but-10-days-lapsed-in-january-is-this-legal-under-the-factories-act-1948​The Factories Act, 1948, under Section 79, regulates annual leave with wages, including accrual, utilization, and carry-forward limits. In this case, a worker had 40 days of leave at year-end, but 10 days lapsed in January. The question is whether this is legally valid.

Legal Provisions & Analysis
  • As per Section 79(1), workers earn 1 day of leave for every 20 days worked (for adults).
  • Section 79(5) allows carry-forward of leave, but with a 30-day limit for adults. Any excess leave lapses unless an exception applies.
Here, the worker had 40 days of leave, but since only 30 days can be carried forward, 10 days lapsed legally.
Exceptions
  • If the employer denied a valid leave request, the worker can carry forward all refused leave without limit.

​Conclusion
The lapse of 10 days is legally valid under Section 79(5). However, if leave was denied by the employer, the worker may have a right to retain all 40 days. 

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]]><![CDATA[You're unmarried & nominate your father for gratuity. Later, you marry but don’t update it. Who will legally get the gratuity?]]>Thu, 05 Feb 2026 09:59:15 GMThttps://www.niratanka.org/blog/youre-unmarried-nominate-your-father-for-gratuity-later-you-marry-but-dont-update-it-who-will-legally-get-the-gratuityIf you were unmarried at the time of nomination and nominated your father for gratuity but later married without updating it, the legal position is as follows:
​
Legal Provision:
As per Section 6(4) of the Payment of Gratuity Act, 1972, if an employee has no family at the time of nomination, they can nominate any person (e.g., their father). However, upon marriage, the nomination becomes invalid, and the employee must make a fresh nomination in favor of a family member.
​Who Will Get the Gratuity?
Since your nomination (in favor of your father) became invalid upon marriage, your gratuity will not be paid to him. Instead, it will be paid to your family members as per the Act.
  • The gratuity will go to your spouse (wife) and other eligible family members (such as children, if any, or dependent parents), following the legal succession rules.
  • If there is a dispute, it will be settled under the Payment of Gratuity Act and Succession Laws applicable to the deceased employee’s religion.

​Automatic Invalidation:
Upon acquiring a family (spouse and/or children), any previous nomination (even if it was in favor of a family member like the father) becomes invalid unless it is revised after marriage.

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]]><![CDATA[An employee marries Wife 2 without divorcing Wife 1. After his death, who should get his gratuity?]]>Thu, 05 Feb 2026 09:49:55 GMThttps://www.niratanka.org/blog/an-employee-marries-wife-2-without-divorcing-wife-1-after-his-death-who-should-get-his-gratuity​Under the Payment of Gratuity Act, 1972, gratuity distribution depends on nomination and the legal definition of "family" (Section 2(h)).

Key Legal Points:
Family Definition:
  • A legally recognized wife, children, and dependent parents qualify.
  • Polygamy is generally invalid (except under Muslim personal law).

Nomination Rules (Section 6):
  • If Wife 2 was nominated but not legally recognized, the nomination may be void.
  • If no nomination exists, gratuity is paid to legal heirs.
Who Gets the Gratuity?
  • For Hindus/Christians/Sikhs (Monogamous Laws) → Only Wife 1, children, and parents qualify. Wife 2 has no legal claim.
  • For Muslims (Polygamy Allowed) → Both wives, children, and parents may claim.
  • If Wife 2 was nominated → The nomination might still be void if she wasn’t a legally recognized spouse.

Conclusion:
Legally recognized heirs (Wife 1, children, parents) are entitled unless:
  • The employee belonged to a polygamy-permitted community.
  • A valid nomination existed (but could be contested).

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]]><![CDATA[Under the Payment of Bonus Act, 1965, can contract workers and regular employees performing the same job receive different bonus percentages?]]>Thu, 05 Feb 2026 08:17:42 GMThttps://www.niratanka.org/blog/under-the-payment-of-bonus-act-1965-can-contract-workers-and-regular-employees-performing-the-same-job-receive-different-bonus-percentages​Based on the Payment of Bonus Act, 1965, contract workers and regular employees doing the same job may receive different bonus percentages due to the following reasons:

Employment Relationship:
  • Contract workers are employees of the contractor, while regular employees are directly employed by the principal employer.
  • As per Section 8, the responsibility to pay the bonus lies with the respective employer. Thus, contract workers receive a bonus from their contractor, and regular employees receive a bonus from the principal employer.

Bonus Calculation Factors:
  • The bonus is determined based on the allocable surplus of the employer (Section 11).
  • The financial position of the contractor and the principal employer may be different, leading to variations in the percentage of bonus paid.
Legal Validity of Different Bonus Percentages:
  • The Act mandates a minimum bonus of 8.33% (Section 10) and allows a maximum bonus of 20% based on the allocable surplus.
  • Since the financial status of a contractor and the principal employer may vary, the percentage of bonus paid to contract workers and regular employees can differ legally.

Conclusion:
Even if contract workers and regular employees perform the same job, their bonus percentage can differ because the payment of bonus depends on their respective employer's financial status rather than job role or work similarity. Hence, it is legally valid for contract workers and regular employees to receive different bonus percentages. ​

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]]><![CDATA[I am an existing EPF member, and my salary is now ₹50,000 per month. Can I voluntarily exit from EPF, or am I required to continue contributing?]]>Thu, 05 Feb 2026 08:12:41 GMThttps://www.niratanka.org/blog/i-am-an-existing-epf-member-and-my-salary-is-now-inr50000-per-month-can-i-voluntarily-exit-from-epf-or-am-i-required-to-continue-contributing​No, once you are an EPF member, you cannot voluntarily exit while working in an EPF-covered company.

Who Can Opt Out of EPF?
Only new employees can opt out if:
  • Their basic salary + dearness allowance exceeds ₹15,000 at the time of joining.
  • They have never been an EPF member before.
  • Since you are already a member, you must continue contributing, even if your salary exceeds ₹15,000 or ₹50,000.

When Can an Employee Exit EPF?
  • Retirement (55+ Years Old) – Full withdrawal allowed.
  • Migrating Abroad – Full withdrawal allowed if moving permanently.
  • Joining an Exempted Establishment – Contributions go to the new employer’s private PF trust.
  • Resignation + 2 Months Unemployment – Full withdrawal allowed.
Why Can’t You Exit EPF Due to a High Salary?
  • The ₹15,000 salary rule applies only to new employees, not existing members.
  • EPF rules mandate that once a member, you remain covered unless your employment ends or you meet an exclusion criterion.​

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]]><![CDATA[Should paid holidays and weekly offs (such as Sundays) be counted while determining continuous service for workers under the Industrial Disputes Act, 1947?]]>Thu, 05 Feb 2026 08:04:22 GMThttps://www.niratanka.org/blog/should-paid-holidays-and-weekly-offs-such-as-sundays-be-counted-while-determining-continuous-service-for-workers-under-the-industrial-disputes-act-1947​Under Section 25B of the Industrial Disputes Act, 1947, a workman is in continuous service if:
  • They have uninterrupted service, including authorized leave, sickness, legal strikes, or lockouts.
  • They have worked at least 240 days in a year (or 190 days for underground workers).
While the law explicitly includes paid leave, maternity leave, lay-offs, and accident-related absences, it does not mention weekly offs (Sundays) and paid holidays, leading to disputes.
Judicial Clarifications:
  • Supreme Court (American Express Case, 1986): Paid holidays and Sundays must be counted since wages are paid for them.
  • Rajasthan High Court (Lal Chand Jindal Case, 2025): Excluding them unfairly reduces service days, impacting workers' benefits. 
Conclusion:
Yes, paid holidays and weekly offs must be counted when determining continuous service. Courts have upheld that if wages are paid for these days, they are part of service.  ​

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]]><![CDATA[Is April 14, 2025, a mandatory holiday for private companies, factories, and industrial establishments on account of Dr. B.R. Ambedkar's birthday?]]>Mon, 02 Feb 2026 13:03:01 GMThttps://www.niratanka.org/blog/is-april-14-2025-a-mandatory-holiday-for-private-companies-factories-and-industrial-establishments-on-account-of-dr-br-ambedkars-birthdayNo, the holiday declared by the Government of India on April 14, 2025, for the birthday of Dr. B.R. Ambedkar is not applicable to private establishments, companies, or factories.

Reasons:
1.Notification Issued Under the Negotiable Instruments Act, 1881: The holiday has been declared under Section 25 of the NI Act, which applies only to Government offices, banks, and industrial establishments run by the Central Government. It does not mandate private companies or factories to observe this holiday.
​
2.Clarification in the Circular (Circular No. 022/2025): The office notice, Circular No. 022/2025, clearly states that the term "Industrial Establishment" includes only those factories or offices directly operated by a department of the Government of India (for example, Ordnance Factories under the Ministry of Defence). Private industries are explicitly excluded from this
​Conclusion:
For private companies, factories, and industrial establishments, April 14, 2025, is not a mandatory paid holiday unless it is specifically declared by the state government or covered under particular agreements.

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]]><![CDATA[I have 5 contractors, each supplying 5 contract labourers to our factory. In this situation, is our factory required to obtain registration under the Contract Labour (R&A) Act, 1970?]]>Mon, 02 Feb 2026 12:59:37 GMThttps://www.niratanka.org/blog/i-have-5-contractors-each-supplying-5-contract-labourers-to-our-factory-in-this-situation-is-our-factory-required-to-obtain-registration-under-the-contract-labour-ra-act-1970​Yes, your factory needs to obtain registration under the Contract Labour (R&A) Act, 1970 if the following conditions are met:

Principal Employer's Obligation (Section 7)
Any establishment that employs 20 or more contract labour on any day in the preceding 12 months is required to obtain registration under the Act.

Your Scenario:
  • You have 5 contractors supplying 5 contract labour each.
  • Total contract labour: 5 × 5 = 25 (which exceeds 20).
  • Since this exceeds the threshold of 20 contract labour, your factory must obtain registration under the CLRA.
​Action Required:
  • You (as the principal employer) must apply for registration with the concerned authority (Labour Department) as per Section 7 of the Act.
  • Each contractor employing 20 or more contract labour must obtain a license under Section 12 of the Act.

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]]><![CDATA[If an employee’s gratuity entitlement is ₹40 lakh but the company pays only ₹20 lakh, is this legally, correct?]]>Mon, 02 Feb 2026 12:55:05 GMThttps://www.niratanka.org/blog/if-an-employees-gratuity-entitlement-is-inr40-lakh-but-the-company-pays-only-inr20-lakh-is-this-legally-correct​The company’s payment of only ₹20 lakh (instead of the calculated ₹40 lakh) is legally valid under the Payment of Gratuity Act, 1972, because:

Statutory Limit (Section 4(3))
  • The maximum gratuity payable under the Act is ₹20 lakh (as per Govt. Notification S.O. 1420(E), dated 29.03.2018).
  • The company is not legally obligated to pay anything beyond this limit under the Act.
  • Tax Exemption Limit
  • The first ₹20 lakh is tax-free under Section 10(10)(ii) of the Income Tax Act.
  • Any amount above ₹20 lakh (if paid) is taxable and depends on the employer’s discretion.
Higher Gratuity Possible Only if Contractually Agreed
  • If the employment contract or company policy explicitly guarantees gratuity as per the full calculation (₹40 lakh), the employee can legally claim the balance.
  • If no such agreement exists, the company is not bound to pay beyond ₹20 lakh.

​Conclusion:
Yes, the company’s payment is legally correct unless a separate agreement mandates higher gratuity.

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]]><![CDATA[A female employee takes 30 weeks of maternity leave in her 5th year of service. Will this entire leave be counted towards continuous service for gratuity eligibility?]]>Mon, 02 Feb 2026 12:51:24 GMThttps://www.niratanka.org/blog/a-female-employee-takes-30-weeks-of-maternity-leave-in-her-5th-year-of-service-will-this-entire-leave-be-counted-towards-continuous-service-for-gratuity-eligibilityAs per the Payment of Gratuity Act, 1972, only 26 weeks of maternity leave are recognized as part of continuous service for the purpose of gratuity eligibility.

The Central Government, through its notification S.O. 1421(E) dated 29th March 2018, has fixed 26 weeks as the maximum period of maternity leave that can be counted towards continuous service.

Any leave beyond 26 weeks (e.g., an additional 4 weeks) will not be counted, unless the company has a specific policy to recognize such extended leave.
​
If the employee has earned leave and avails it after the 26 weeks of maternity leave, that period will be counted as part of continuous service. However, if the extended leave is unpaid (and not earned or officially sanctioned), it will not be considered for gratuity calculation.
This becomes particularly critical in the fifth year of service, where gratuity eligibility depends on completing at least 240 days of active or recognized service in that year. If the excess leave causes the total days of recognized service to fall below this threshold, the employee may not qualify for gratuity.

Recommendation:
It is important for employers to clearly communicate this provision to all eligible female employees through internal policies. ​

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]]><![CDATA[Is a creche facility mandatory for a factory that has 50 employees, but no women workers?]]>Mon, 02 Feb 2026 12:48:00 GMThttps://www.niratanka.org/blog/is-a-creche-facility-mandatory-for-a-factory-that-has-50-employees-but-no-women-workersNo, a crèche facility is not mandatory for a factory that has 50 employees but no women workers.
Legal Analysis:
Factories Act, 1948 – Section 48: Mandates a crèche facility only in factories where 30 or more women workers are ordinarily employed. In the absence of women workers, this provision does not apply.
Maternity Benefit Act, 1961 (Amended) – Section 11A: Requires establishments with 50 or more employees to provide a crèche. However, this provision is intended to benefit women employees, particularly mothers. In the absence of women employees, the requirement has no practical applicability.
National Minimum Guidelines for Crèche Facility: These guidelines clarify that the crèche facility is meant for working mothers. They support the view that the provision applies only when women are employed.
Conclusion:  While the Maternity Benefit Act mentions "50 or more employees" broadly, both legislative intent and supporting guidelines confirm that a crèche facility is only required when women employees are present. Therefore, a factory with 50 employees and no women workers is not obligated to establish a crèche.

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]]><![CDATA[Can an employer deduct notice period payment from statutory bonus under the Payment of Bonus Act, 1965?]]>Mon, 02 Feb 2026 12:42:33 GMThttps://www.niratanka.org/blog/can-an-employer-deduct-notice-period-payment-from-statutory-bonus-under-the-payment-of-bonus-act-1965
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]]><![CDATA[Who issues the Licence to employ contract labour under the Contract Labour Act?]]>Mon, 02 Feb 2026 12:38:56 GMThttps://www.niratanka.org/blog/who-issues-the-licence-to-employ-contract-labour-under-the-contract-labour-actLicensing Officer issues the Licence to employ contract labour under the Contract Labour Act. ​

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]]><![CDATA[Is it mandatory to provide Provident Fund (PF) coverage to employees who are re-employed after retirement?]]>Mon, 02 Feb 2026 12:35:22 GMThttps://www.niratanka.org/blog/is-it-mandatory-to-provide-provident-fund-pf-coverage-to-employees-who-are-re-employed-after-retirement​No, it is not mandatory to provide Provident Fund (PF) coverage to employees who are re-employed after retirement, provided they:
•Have withdrawn their full PF accumulations at the time of retirement, and
•Are considered “excluded employees” under the EPF Scheme.

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]]><![CDATA[Is there any upper age limit to qualify as an “Excluded Employee” under the EPF Scheme?]]>Mon, 02 Feb 2026 12:09:53 GMThttps://www.niratanka.org/blog/is-there-any-upper-age-limit-to-qualify-as-an-excluded-employee-under-the-epf-scheme​No,
there is no upper age limit prescribed under the Employees’ Provident Fund (EPF) Scheme, 1952 to determine whether an individual qualifies as an “Excluded Employee.”

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]]><![CDATA[He signed a 3-year bond or pay Rs. 2L if he quits early. After 18 months, he resigns. Should the company enforce the bond?]]>Mon, 02 Feb 2026 11:51:11 GMThttps://www.niratanka.org/blog/he-signed-a-3-year-bond-or-pay-rs-2l-if-he-quits-early-after-18-months-he-resigns-should-the-company-enforce-the-bond
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Yes. ​He signed an employment bond to serve 3 years or pay ₹2 lakhs if he resigned early. 18 months in, he quits for a better job. Should the company enforce the bond?

Shekar Ganagaluru's Books

K. VITTALA RAO's HR Books

]]><![CDATA[Can a male employee file a sexual harassment complaint against another male employee under the PoSH Act, 2013?]]>Mon, 02 Feb 2026 11:43:30 GMThttps://www.niratanka.org/blog/can-a-male-employee-file-a-sexual-harassment-complaint-against-another-male-employee-under-the-posh-act-2013
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​The POSH Act, 2013 is gender-specific and provides protection only to women against sexual harassment at the workplace. Male employees cannot file complaints under this Act.

Shekar Ganagaluru's Books

K. VITTALA RAO's HR Books

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