Not paying the salary or epf amount in epf account.
Sunil Kumar
(Querist) 02 July 2015
This query is : Resolved
With reference on the subject cited above, in this connection it is intimated that the applicant is working as IVth class in the O/o SDO/OP, S/Divn. Office and perform the duty at every night in the premises of UHBVN regularly. The applicant has joined the duty (on contract basis) on 29th January, 2015. Sh. Randhir Sandhu, Contractor to produce the correct bill in the O/o SDO/OP, S/Divn., office. Even the contractor did not provide any Provident Fund slip, facility of Employee State Insurance Card to the concerned employee till date and making the excuses for not paying the salary/wages on one pretext to another. Actually, the salary be released to all contract basis employee by ESCROW account but the contractor did not deposit the EPF amount in EPF Office, Karnal. The EPF amount of 4 months in his pocket and he did not agree to open EPF account of the IV class employee. The Superintendenting Engineer or XEN did not response properly. It is also known to any source that the contractor is leaving his contract after three months.
How can I get my money of EPF from Contractor. After leave the contract who will pay the EPF amount to the applicant.
The applicant is harassed every month for salary or EPF amount not deposited in EPF account. what can I do. please advise me.
Guest
(Expert) 02 July 2015
Approach labour officer, as well as the EPF Commissioner's office. It is the duty of the principal employer, i.e., the employer who awarded the contract to the contractor, to get all the formalities of labour laws implemented by the contractor. He would be responsible for getting the epf account opened and amount deposited in the epf account. Complaint to the epf office may help you start legal action by the epfo against the contractor as well as the principal employer.
Kumar Doab
(Expert) 02 July 2015
This contractor should be covered by State Shops and Commercial Estabs Act that was enacted to govern the service conditions of employees working in such establishments, and has to register under this Act.
Haryana Follows Punjab Shops and Commercial Establishments Act and Punjab Shops and Commercial Establishments Rules also apply………………………..and as per these employer has to maintain and submit various forms,register pertaining to attendance,Over Time, wages, wages paid, wage slip, deductions of PF,ESIC etc……………………..that you can obtain thru Inspector appointed under the Act. Falsification of record is offence under the Act.
The standing orders are applicable of establishment employs 50 or more employees, and if standing orders are not certified Model Standing orders shall apply.
Payment of Wages Act;Sec13A , Min. Wages Central Rules:26(3,4): The salary/wage slip duly signed by employer and employee has to be supplied at least a day before fixed date of payment of wages. Demand it in writing and mention that it has never been issued and supplied to you despite representations in office.
These enactments shall prevail upon any private policy or rule or any agreement drafted by employer and signed with employee e.g. HR policy, appointment letter/contract of employment etc.
All of these enactments are available on website of Dept. of Labor of Haryana.
Don’t remain entangled with SDO and escalate to Chairman and pursue thru RTI.Don’t forget to mention that contract is ending after 3 months and payouts be blocked at once.
If you are coerced,forced,intimidated, lodge complaint with police, DGP and Chief Justice Haryana, Principle Secretary etc…………media. Tame and shame them if required.
You can resolve the matter in your favor with your own skills or approach (under expert guidance of your counsels):
---The Inspector appointed under Haryana Shops and Commercial Establishments Act, Payment of Wages Act……
---O/o Labor Commissioner
----Employee’s/Trade unions e.g. CITU/INTUC/AITUC/BMS etc
----Your Labor Law Consultant/Service Matters lawyer/Law Firm
----RPFC thru nearest PF office
----Jurisdictional ESIC office
----ITO-TDS where you file ITR and CIT-TDS where employer files ITR, for Form16.
The chances are that your counsels with their skills may resolve the matter in your favor.
Or you can approach court of law.
You can escalate to Principle Employer too and pull it also.
Rajendra K Goyal
(Expert) 03 July 2015
Lodge complaint with the labor department and the EPFO. If the UHBVNL has paid / directed the contractor to open EPF account, lodge police complaint for embezzlement of the funds.
