Wage allocation, documentation and social security obligations must be structured taking into account the applicable legal requirements of the home and host countries. In addition, posting conditions and other agreements should be carefully crafted in order to have a clear understanding regarding salary payment, tax deduction, performance reviews, disciplinary action and complaints, compliance with instructions and policies of the receiving employer, social security benefits, termination rights, etc. In deconstructing the deputation clause, the Supreme Court stated: Having reviewed the facts and the judgment of the Honourable Supreme Court, I am of the opinion that this is not the question of deputation. There is no action by the foreign employer and the Shree Infosoft employer, which still controls the employee and pays the salary even after it is sent to the United States. This is commonly called OOD (Outside Office Duty), which is always under the control of the referring employer in the conditions of employment. According to accepted conditions that in case of deviation, the employer is obliged to reimburse the amount spent by the company to cover travel, visa, insurance premium and other related expenses. When the employee returned, there was a change in management and it is said that she was the victim of some kind of harassment at work that led her to resign. She resigned and was informed by the employer that her resignation had been accepted and also indicated that HRD would facilitate the existing procedure. She was relieved of her duties by management without asking her to pay for the violation of the terms and conditions of employment by not continuing her service for a period of six months after her return (from the deputation!) and also by not paying the amount of salary instead of the notice period payable to the employer. There is a breach on the part of HRD, which should have demanded compliance with the agreed conditions before granting discharge. He only issued a legal opinion afterwards to pay Rs 5,7,0000, which includes salary for the notice period and costs incurred for their OOD for the US and interest, etc. The Appellant testified that she was not seconded, but was sent to a “business meeting” as part of her regular work.
Her second defence, alleging that, following a change in management, she was harassed in the workplace, which led her to resign without notice and therefore not pay the employer. The court also accepted these points and allowed the appeal with costs for the respondent. The facts of the case seem to be outside the perspective of the deputation (which is OOD), although this term is much debated in order. It is true that this judgment and the facts of the case are a lesson for human resources and legal experts who deal with labour law not only to be more careful in setting the rules, but also to apply them at the right time. In general, judgments are based on the records provided to it and the presentation of the facts as to their effectiveness. When the verdict in the Umadevi case was announced, all organizations, whether governmental or non-governmental, were indiscriminately persecuted for many years. Only in successive cases where the provisions and powers of the Class Action Act were challenged did the Court find that this issue had not been considered earlier and would be watered down in future judgments. Even in the recalcitrant verdict on the inclusion or exclusion of Cétain certificates for EPF/ESI coverage, etc., Hon. The Commission considers that the laws of the Member States relating to the laws of the Member States and of the Member States relating to the laws of the Member States and of the Member States relating to the laws of the Member States and of the Member States relating to the laws of the Member States and of the Member States as regards the laws of the Member States and of the Member States relating to the rights of the Member States and of the Member States relating to the laws of the Member States and of the Member States relating to the laws of the Member States and of the Member States relating to the laws of the Member States and of the Member States relating to the laws of the Member States and of the Member States as regards the laws of the Member States and of the Member States relating to the rights of the Member States and of the Member States relating to the rights of the Member States and of the Member States relating to the of the Member States and the Member States as regards the legislation of the Member States and the Member States relating to the laws of the Member States and the Member States relating to the The judge or lawyers are like an artist, “if the required good quality of the stone is given, they create beautiful sculptures, otherwise it depends on the quality of the stone supplied.” Documents and presentation are very important. There are judgments that oppose and disagree with the recovery of the amount for non-compliance with the minimum period of service agreed by the employee, unless it is proved to the satisfaction of the court that the damage actually suffered by the employer is proven. This topic was also highlighted by Professor Sairam Bhat of the NLSIU during the discussion at the BCPA.
I am selected for the deputation in a former executive position and I will join soon. Before the deputation orders were issued, I had also requested a deputation from another department, and recruitment for that department is ongoing. If I am also selected in this second department, can I leave the first delegation and join the new position? Please reply In another case decided by the Supreme Court, Umapati Choudhary v. State of Bihar and another, deputation can be reasonably defined as an assignment of deputations (another word for an employee) from an office or department, more commonly known as a lending authority or parent company, to another organization or department, also known as the borrowing authority. The importance of the mission of the deputation is recognized in the public interest in order to counter the difficult situation of the public service. Deputation as a concept of a consensual nature that requires a voluntary decision by the employer to borrow the services of the public servant working under his orders and there must be voluntary acceptance on the part of the employer providing such a service. The official must also have given his consent to proceed or not to proceed with such a deputation. It is decided that officials who regularly occupy equivalent posts and officials working in the higher/lower grade, as well as the means of regular competence made the norm for promotion, all fall within the scope of such deputation or receipt or short-term contracts. “8. Deputation may rightly be described as the assignment of an official (commonly known as a deputationist) from a department or executive, or even from an organisation (commonly referred to as a senior department or credit authority) to another department, officer or organisation (commonly referred to as the borrowing authority).
The need to send members of Parliament is in the public interest in order to meet the needs of the public service. The concept of delegation is consensual and implies a voluntary decision by the employer to borrow the services of its employee and a corresponding acceptance of these services by the borrowing employer. It also includes the employee`s consent to whether or not to attend the deputation. In the present case, all three conditions were met … When structuring a deputation agreement, some of the most important aspects that need to be considered are: Very interesting article, thank you dear Sunil. The true color of the deputation is completely different. Both the central and national governments have provisions in their service regulations that provide for the posting of workers outside the higher department. Certain types of work such as public works, electrical works, health services and medical services are limited to the corresponding departments and statutory enterprises, and it will be inevitable to obtain the specialized services of these departments on a deputation basis, sometimes called foreign services. Officials of the PW department work on delegation to companies, BDA, slum council, universities, etc., when specialized work in nature needs to be carried out for a period of 2 to 3 years.
Engineers from the power company may also be seconded to the automotive department, metro, etc. to perform special work in which the assistant is competent. Employees of the State Accounts Departure Departments or Indian Audit and Accounting are under delegation service in many public sector funeral homes, Zilla Parishads, KSRTC, KPTCL, etc. But all MEPs have a privilege over their positions and seniority in their senior department. Seconded officials are also entitled to a certain percentage of parliamentary authorizations. In the case of disciplinary measures or national investigations against Members of the European Parliament, the consent of his/her appointing/disciplinary authority is required, including for the imposition of any sanctions. While this is theoretically a matter of trio approval, it is the progadative of the appointed authority to ultimately decide naturally for the government or the government. It all depends on the ability and pressure of the influences brought by the officials who seek a deputation.
Again and again, the government says that no deputation period should last more than 3 or 5 years. But in practice, even in the government secretariat, these deputies continue to work for ministers until the day they retire! With regard to non-governmental organizations, it is interesting to examine the issue of delegation with the provisions and prohibitions of the CLRA Act. Each establishment may send its workers as replacements to other establishments for any period. Even a group of institutions or industries indirectly supports these agency agencies in order to obtain services at comparatively lower costs outside the clutches of the CCRA Act.