Employment

Showing posts with label Employment. Show all posts
Showing posts with label Employment. Show all posts

Tuesday, 22 April 2014

The Mean Boss that Made Me a Kind One - Naomi Simson


The Mean Boss that Made Me a Kind One - Naomi Simson, Career Curveballs

I like to think that I have been in charge of my own life, that I am in the driving seat rather than in the back seat along for a scenic ride – observing but not participating. But I confess that if it were not for other people’s actions, I would not be doing what I’m doing. I wrote about this particular curveball some months ago in "Can You Fire Your Boss?"

A career can be a series of Sliding Door moments: one door closes, another one opens, and often we are not quite sure which door is next. One thing is for sure there have been plenty of curveballs flung at me. I think my workday is going to go in one direction – and then before I know it I am off in another direction. Ultimately these sliding doors did lead to me start my own business.

In the early 1990s I worked in the aviation industry during the deregulation of the industry in Australia. I was proud and excited to get this job for such a prestigious iconic Australian brand, I called all my friends – there was no Facebook in those days – sharing the great news. I was jump-for-joy happy. It took me four hours to work out what to wear for my first day, wanting to make a good impression.

Yet within six months I lied about where I worked, and before the year was out I knew that this was not a long-term career company for me. It was the curveballs that made me realize this.

My role was as marketing manager for the loyalty club program and I was then asked to join the launch team on the first points-based frequency program to ever exist in Australia. It was a big deal back then; we thought it might even make front-page news. I was putting every ounce of effort I had into doing great work, even though I had to do two jobs at the same time. My workload had more than doubled, my salary stayed the same.

Month after month I toiled endless hours to get the program launched. My immediate colleagues saw my contribution. But my superiors had no idea of the work involved in getting the launch right whilst keeping the marketing effort for my original role in full flight.

After many months waiting to be acknowledged and see my salary reviewed, I finally got up the courage to go upstairs to the general manager's office:

“I’m enjoying the work, but my role has doubled. I have now been managing the two roles for more than six months. In what time frame would a salary review be undertaken?” I asked.

“Who do you think you are to come into my office and ask for a pay rise?” he retorted. “How do I know what value you add to this business?”

I left his office trying to hold back the tears, feeling not only diminished, but also angry and hurt. I was indignant – How could he not know my contribution?

Was it management’s job to notice what I did? Was it my peers? Or was it mine to speak up and share what I achieved? In hindsight of course it is a mixture of all these things. One thing I knew is I never would allow this to happen again.

Finally, my direct manager negotiated a salary review of my role. The outcome was a $5 per week pay rise. This was as insulting as the lack of recognition for my work. The general manager received my resignation the next day. Door closed!

Within weeks I joined Apple as a marketing manager. Door opened. And the rest, as they say, is history.

What I do know is this curveball galvanized what I believe about work places:


  • I believe that everyone deserves to have a great day at work.
  • I believe that if people know what they are there to do, if someone notices and they go home feeling like a winner, then they are likely to play full out.
  • I believe that appreciation is the simplest and most effective way of valuing the contribution made by an individual.
  • I believe that what gets noticed gets repeated.
And that is why I preach what I practice and work to support other businesses on their 'best employer' journeys. It is all about RED (Recognize Every Day) and without the curveball of having a mean, nasty, small-minded general manager as a boss 25 years ago, perhaps I would not have created such a successful business.

This post is part of a series in which LinkedIn Influencers share how they turned setbacks into success.
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Saturday, 6 April 2013

Work Accident Wet Floor Accident


Work Accident Claims Solicitors deal with a number of claims every year on behalf of employees who have slipped on a wet floor. Although you may not associate serious injuries with this type of accident, it is, in fact, possible to sustain an extremely painful and debilitating injury as a result of slipping on a wet floor.

As many as 90% of slip accidents occur due to a wet floor or if the floor is contaminated with food product.





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Wet floor accidents generally tend to occur for the following reasons:
  • Cleaners have used excessive amounts of water when mopping floors.
  • There are no wet floor signs in place notifying employees of the hazard.
  • Unsuitable flooring is used in a workplace where water spillage is unavoidable.
  • Employees have not been provided with the appropriate footwear.
  • Poorly maintained equipment causes water to leak out on to floors.
  • Adverse weather conditions have made communal floor areas worked with no appropriate safeguarding in place.
  • Food or drink has been spilt but has not been cleaned up.
Work Accident Claim Solicitors can help you successfully claim the compensation you deserve if you have slipped on a wet floor whilst at work. Employees in any industry run the risk of slipping on a wet floor every day despite health and safety measures being implemented.

We are here to help you secure the maximum level of compensation available for the injury you sustained when you slipped on a wet floor. Wet floor accident injuries can range from broken bones and sprains to severe ligament or tendon damage.

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Tuesday, 21 August 2012

Workmen Compensation Act



Workmen’s Compensation Act, 1923

This provides for compensation to workmen or their survivors in cases of industrial accidents and occupational diseases, resulting in disablement or death. The Act was recently amended and renamed as Employee Compensation Act, 1923. It covers persons employed in factories, mines, plantations, mechanically propelled vehicles, construction works and certain other hazardous occupations listed out in schedule II of the Act.

In addition, schedule III contains a list of diseases and persons in occupations where infection is possible. Qualifying persons are eligible to claim compensation under this Act. This law applies to the unorganized sectors and to those in the organized sectors who are not covered by the Employees State Insurance Scheme. The Act is administered by the State Governments through Commissioners for Workmen’s Compensation. The Commissioner is required to dispose of the matter relating to compensation within 3 months of reference.

Minimum Compensation in case of death is Rs. 120,000 and in the case of permanent total disablement is Rs. 140,000. The monthly wage ceiling is at present Rs.8, 000. Maximum compensation can go up to 50% of the monthly wage multiplied by relevant age factor as specified in the act.

Compensation should be paid early. Delay beyond 1 month will attract interest and penalty of up to 50% of the compensation. Certain other offenses attract fine of up to Rs. 5,000.In cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts.

Employer is not liable in case the disablement of workman is three or less days, except in case of death when the injury is caused due to influence of drink or drug taken by the workman or upon his willful disobedience to obey safety rules or removal of safety guards by him.

Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961 (MBA) regulates the employment of women in certain establishments for a prescribed period before and after childbirth and provides certain other benefits, including leave, to a woman who has undergone miscarriage, illness arising from pregnancy, and delivery and/or premature birth of a child. This is applicable for organizations not covered under ESI Act.

The Act provides for 12 weeks of paid leave as maternity leave and 6 weeks in case of miscarriage or termination of pregnancy. In addition to the provisions for leave and cash benefits, the Act also makes provisions for matters like light work for pregnant women 10 weeks prior to her delivery, nursing breaks during daily work till the child attends age of 15 months, etc.

The female employee should have served the institution for a minimum period of 80 days in 12 months preceding the date of expected delivery. The benefits are calculated on the basis of daily average wage for the period of absence of the employee. There is no wage limit for coverage under the Act.

The Payment of Gratuity Act, 1972 (PGA)

It provides for the payment of gratuity to all employees earning wages to do any skilled, semi-skilled, unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such employees are employed in a managerial or administrative capacity.

It applies to factories and other establishments employing ten or more persons. On completion of five years service, the employees are entitled to payment of gratuity of 15 days wages for every completed year of service or part thereof in excess of six months subject to a maximum of Rs.1 million. The wage ceiling for coverage under the Act has been removed since 24.05.1994.

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LAWS RELATING TO SOCIAL SECURITY



Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (EPFMPA)

It was enacted to ensure the financial security of employees in an establishment by providing a system of compulsory savings. A provident fund, required to be established under the EPFMPA, is a contributory fund created to secure the future of employees post retirement. Employees are also allowed to withdraw a part of their PF before retirement. Central Board of Trustees, Employees’ Provident Fund is responsible for administering the EPFMPA. The act is applicable all over India except the state of Jammu and Kashmir. The schemes provided under this act are-

Employee provident fund scheme (EPF) 1952.
Employees’ pension scheme (EPS) 1995
Employees deposit linked insurance (EDLIS) 1976.
Establishments with 20 or more workers should register with Employees provident fund organization which comes under any of the 180 industries specified in the Act. EPF, EPS and EDLIS are calculated on Basic salary, dearness allowances, cash value of food concession and retaining allowances, if any. As per the EPF ceiling limit, the employer is liable to pay contribution only on Rs.6500/- irrespective of the basic salary.

Scheme Name Employee contribution Employer contribution Government Contribution
Employee provident fund 12% 3.67% 0
Employees’ Pension scheme 0 8.33% 1.16%
Employees Deposit linked insurance 0 0.5% 0
EPF Administrative charges 0 1.1% -
EDLIS Administrative charges 0 0.01% -
Employer must remit the contribution deducted to the government before 15th of the following month and are required to submit periodical returns within specified time. Employers are liable to pay interest on late payment of EPF, EPS, EDLI and Administrative charges.

Employees State Insurance Act, 1948 (ESI)

The ESI provides healthcare and cash benefits to employees in the event of sickness, maternity and employment injury. Health and medical care facilities are provided to the workers through a network of hospitals, annexes and dispensaries located throughout the country. The scheme is administered by an apex corporate body called the Employees’ State Insurance Corporation. It offers full medical care to workers and their dependants without any ceiling on individual expenditure. It offers a special package of full medical care to retired/disabled insured persons for self and spouse for a nominal contribution of Rs.120/- per annum. It provides economic protection through cash payments in the event of sickness, temporary/permanent disablement, and maternity, death due to employment injury or occupational disease and unemployment.

It is applicable to the factories employing 10 or more persons irrespective of whether power is used in the process of manufacturing or not. It is applicable to various classes of establishments, industrial, commercial, agricultural or otherwise in nature and includes establishments, such as, Medical and Educational Institutes, shops, hotels, restaurants, cinemas. The existing wage-limit for coverage under the Act, is Rs.15, 000/- per month (with effect from 01.05.2010).

Employees earning upto Rs. 70/- a day are exempted from payment of their share of contribution. The State Governments, as per provisions of the Act, contribute 1/8th of the expenditure of medical benefit within a per capita ceiling of Rs. 1200/- per Insured Person per annum. Any additional expenditure incurred by the State Governments, over and above the ceiling and not falling within the shareable pool, is borne by the State Governments concerned.

ESI Contribution Rates.

·       Employees-  1.75% of wages

·       Employers-  4.75% of wages

An employer is liable to pay his contribution in respect of every employee and deduct employee contribution from wages and shall pay these contributions at the above specified rates to the Corporation within 21 days of the last day of the Calendar month in which the contributions fall due.

Contribution period and Corresponding Cash Benefit period

Contribution Period Cash Benefit Period
1st April to 30th Sept. 1st January of the following year to 30th June.
1st Oct. to 31st March 1st July to 31st December of the year following


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LAWS RELATING TO INDUSTRIAL RELATIONS




It is the main legislation for investigation and settlement of all industrial disputes. The Act enumerates the contingencies when a strike or lock-out can be lawfully resorted to, when they can be declared illegal or unlawful, conditions for laying off, retrenching, discharging or dismissing a workman, circumstances under which an industrial unit can be closed down and several other matters related to industrial employees and employers.

The Act is administered by the Ministry of Labour through its Industrial Relations Division. The Division is entrusted with improving the institutional framework for dispute settlement and amending labour laws relating to industrial relations. It works in close co-ordination with the Central Industrial Relations Machinery (CIRM) an attached office of the Ministry of Labour and is headed by the Chief Labour Commissioner (Central).

According to the Act, the term ‘industrial dispute’ means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment, or the terms of employment or with the conditions of labour of any person.

Trade Unions Act, 1926 (TUA)

The Act provides for the registration of trade unions of employers and workers, and is administered by state governments. Registered trade unions are conferred a legal and corporate status. It was amended in 2001, pursuant to the amendment, a trade union of workmen can be registered only if at least 10% or 100 (whichever is less, subject to a minimum of seven), workmen engaged or employed in the establishment or industry to which it is related, are its members. Unions are allowed to have their political funds.

The Industrial Employment (Standing Orders) Act, 1946

The IESA applies to all industrial establishments employing 100 workers or more. The IESA and IDA both exclude managerial and administrative employees. Regulations concerning termination of employment are also found in standing orders made pursuant to the IESA. Standing orders are written documents dealing with terms and conditions of employment. Drafted by employers in all establishments, standing orders are documents on which trade unions or workers are given an opportunity to object. They are certified by the government Certifying Officer, who adjudicates upon the fairness and reasonableness of the provisions of any standing order and upon its conformity to the model standing order (MSO). The text of the standing orders as finally certified under this Act shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed.
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LAWS RELATING TO WAGES & BENEFITS



Minimum Wages Act 1948

The Act contains list of all employments for which minimum wages are to be fixed by the appropriate Governments. It includes non-agricultural employments and employment in agriculture. It empowers appropriate Government to fix the minimum rates of wages for specified employments. Recently with effect from April 1, 2011 the National Floor Level of Minimum Wage has been raised to Rs. 115 per day.

Payment of Bonus Act 1965

The payment of Bonus Act is applicable to every factory and every other establishment in which 20 or more persons are employed on any day during an accounting year excluding some categories of employees as contained in the Act. PBA mandates payment of bonus to every employee in an accounting year, in accordance with the provisions of this legislation, provided that he or she has worked in the establishment for not less than 30 days and draws a salary or wage not exceeding Rs.10, 000 per month.

Minimum bonus shall be 8.33% of salary/wages earned or Rs. 100 whichever is higher, it is payable on completion of 5 years after 1st Accounting year even if there is no profit. If the allocable surplus exceeds the amount of minimum bonus, then bonus shall be payable at higher rate subject to a maximum 20% of salary/wages. Computation of bonus is to be worked out as prescribed in the Act. Bonus shall be paid within 8 months from the close of accounting year. A register showing the computation of the allocable surplus, another register showing the set-on and set-off of the allocable surplus, and register showing the details of the amount of bonus due to each of the employees, the deductions and the amount actually disbursed must be maintained.

Payment of Wages Act, 1936

Enacted during the British Rule in 1936 on the recommendations of the Royal Commission on Labour, the Act regulates the payment of wages to workers and ensures that they are disbursed by the employers within the stipulated time frame and without any unauthorized deductions. Enforcement of the Payment of Wages Act is primarily the responsibility of the State Governments. The Central Government is responsible to enforce the Act only in mines, railways, oilfields and air transport service by virtue of Section 24 of the Act.

Inspectors are appointed under the provisions of the Act who conduct regular inspections to ensure that the employers pay the wages timely and correctly. Defaulting employers are advised to pay full wages in time.  In case of non-adherence to the advice, there are provisions to prosecute.

The Act lays down that the wage period exceeding one month should not be fixed and payment of wages must be made before the entry of specific day after the last day of the wage period.  The specific day is the seventh day of a month where the number of workers is less than 1000 and tenth day in case the number of workers is 1000 or more.  All wages must be paid in current legal tender.  The wages can also be paid by cheque or credited to the bank account of the employed persons with the written authorization of the letter.  The beneficiary under the Act are, however those who are in receipt of wages below the Rs. 10,000/- per month.

The Act provides that the wages of an employed person shall be paid to him without any deductions except those authorized under the Act.  Deductions permissible from wages inter-alia relates to unauthorized absence from duty, deductions for house accommodations, recovery of advances and statutory dues etc.

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Guide to Employment Law in India 1


The labour policy in India is influenced by international conventions, recommendations of national and international conference, constitutional rights, recommendations made by commissions, labour unions etc. There is generally a protectionist approach, in favour of employee, in statutes governing the labour and employment.  Labour is a subject in the concurrent list under the Constitution of India therefore the Central and State Governments are empowered to enact legislation in this regard subject to specific matters being reserved for the centre.

This scenario has resulted in a large number of statutes regulating different aspects of labour right from wages, compensation, resolution of disputes, social security, occupational safety etc. There are over 50 Central Government Enacted Acts and over 200 State Government enacted statutes. Ministry of Labour and Employment is responsible for formulation and administration of the rules and regulations and laws relating to labour and employment. Familiarising with the employment laws and regulations will be immensely useful for a foreigner setting up an enterprise in India, or any employer employee for that matter. The following article is a bird’s-eye view of some of the important employment laws that will be of significance to employers and employees.


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