Monday, October 20, 2008

CFA_Ethics_2

Which of the following is NOT expressly prohibited by Standard I(C), Misrepresentation?

A) misrepresenting the services a member is capable of performing.
B) misrepresenting a member’s qualifications or the qualifications of their firm.
C) misrepresenting a member’s academic or professional credentials.
D) providing information on guaranteed investment products.

CFA_Ethics_1

An analyst who routinely purges the files that support his research and recommendations:


A) is acting in accordance to Standard III(E), Preservation of Confidentiality.
B) is acting in accordance to Standard IV(A), Loyalty to Employer.
C) may be violating Standard II(A), Material Nonpublic Information.
D) may be violating Standard V(C), Record Retention.

Saturday, October 18, 2008

Practical Problems_Contract Act_87

What would be consequences of breach of employment bond given by an employees: On the employee himself, On the company that employs him subsequently. If the bond states that the employees can be used for criminal breach of trust on breach of the bond, how enforceable is this clause?

As regard the breach of the employment bond given by an employee in this regard it is advised that if an employee has signed a bond after he get specialized training from the company then a civil case can be filed against him for recovery of the amount mentioned in the bond if there is any breach. As regard the company that employs him subsequently, there is no liability of the company, which employs him subsequently. Breach of bond is not criminal breach of trust it is of civil consequences and that also have to be proved in the Court of Law. In no manner it can be termed as criminal breach of trust.

Friday, October 17, 2008

Providend Fund Act_Practical Problems_21

What are the rights of person if a contract has no mention of salary breakups and the employers PF is included as part of the Gross Salary?
There is nothing illegal if there is no mention of salary breakup and employers PF included as part of the Gross Salary. The PF can be deducted as a Contribution of employee from the Gross Salary. In addition the employer has to contribute his share of PF subject to maximum privilege prescribed in Section 6 of Act.

Wednesday, October 15, 2008

Providend Fund Act_Practical Problems_20

Can any employer send his employee on forced leave for not to initiate disciplinary proceeding but to legally punish him?
The employer can not send an employee on forced leave without initiating any disciplinary proceedings against an employee. Only after necessary show cause or charge sheet has been issued and after holding disciplinary inquiry or proceedings, the employer can legally punish you. If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act.

Industrial Dispute Act_Practical Problems_1

I had been working in Pvt. Ltd. Company for 2 and half years as a permanent employee. As per the company rules I was eligible for medical and LTC benefits. When I leave the job they suppose to give me the whole Medical and LTC benefits plus 15 days salary. I had served one month notice also. They promised me to pay after some time since the financial condition of the company was not good at that time. After repeated telephonic reminder and subsequent letters they kept quiet. It is almost 2 years since then, and I came to know that this company continue to do such things with other employees also. What I can do now? Can I still get money back?



Yes, you can claim all the benefits, which the company has not paid you after your resignation. You can file a civil suit against the company and claim those dues. In case you are a "workman" within the definition of Industrial Disputes Act, you can file a petition under Section 33 (c) (ii) of the said Act and claim your benefits.

Tuesday, October 14, 2008

Bonus Act_Practical Problems_32

Is Bonus right of every employee. For calculating bonus does the interest earned by Company in FDRs is also to be counted.

Bonus is something given in addition to what is usual or strictly due; money or anything given in addition to an employee's usual pay or salary. The payment of Bonus Act 1965 provides for payment of bonus to persons employed in a factory and in every other establishment employing twenty or more persons. In calculating bonus, interest earned by a company on fixed deposits is to be excluded.