This Eye-Opener Helped Me Quit - Randy Kessler

This Eye-Opener Helped Me Quit - Randy Kessler

   April 22, 2014       Unknown

---

Who knows how we ultimately arrive at our current career path? Of course we can plan, hope and wish, but there are always unknown factors. I heard this morning on the radio about a teacher who makes his high school seniors write a letter to themselves, to be opened ten years in the future. 

The discussion was basically how goals and plans change based on circumstance, and no one really ends up on the exact career path they choose. My path and the change that put me there (on the path to building a law firm) was not as dramatic as many I have heard in my 26 years of practice as a divorce lawyer, where yes, I think I have almost heard it all. What drove me ultimately to start my own law firm at age 29 was a simple, but frustrating, difference of opinion.

My opinion was that I contributed to the team, and the team (my employer) would reciprocate. Well, did it happen? As kids say these days (and what Tonto said often), “not so much”. The situation: I had generated a case that provided good revenue for the firm. But when a court reporter bill went unpaid (after the client had paid the firm thousands), part of the court reporter’s bill was deducted from my salary by my employer (only a few hundred dollars, but it was over 10% of my paycheck at the time). That was the eye-opener for me.

For others it is more drastic—and it may be better, for instance, to lose a job and be forced to start over on a better, more productive path. Once that proverbial “last straw” was dished out, it set me on a new course. I then met with anyone I could who would give me advice about opening and operating a law firm. It was such a change in my life. I was looking forward; scared, but looking forward. 

I would be dependent on me. And I slowly gained confidence. But, as an insecure young lawyer (another fact that probably shaped my career path), I needed to discuss my work, my cases, my clients and their problems with others. This made me almost immediately begin hiring staff. 

A paralegal and an associate were my first hires, and from then on, I realized that adding good people, smart people, to a team was invaluable. And hopefully, and most importantly, I hope and believe that I do “give back” to those that give to the team. I also try to give back by being active in my field and speaking to younger lawyers and on social media, obviously on LinkedIn and elsewhere.

Giving back. It is the only way to work and it is the only way to live.

This post is part of a series in which LinkedIn Influencers share how they turned setbacks into success.

Read More

Workmen Compensation Act

Workmen Compensation Act

   August 21, 2012       Unknown

---

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.

Read More