SALARY,ESI,PF & OVERTIME RULE
Querist :
Anonymous
(Querist) 13 March 2010
This query is : Resolved
DEAR SIR,
I HAVE SOME QUERY ABOUT THE LABOUR LAW RULES. PLEASE GIVE THE ANSWER.
1.CAN A COMPANY HIRED SR. LEVEL EMPLOYEES ON STIPEND BASIS.
2 CAN A COMPANY SAVE THE ESI,PF, OT AND OTHER BENEFIT BY SHOWING THE SALARY AS STIPEND.
3. CAN A COMPANY SHOW TOTAL SALARY AS BASIC AND DA FOR ESCAPE FROM THE ESI,PF LAW.
4. CAN A COMPANY TAKE THE SERVICE MORE THAN 8 X 6 =48 HRS IN A WEEK WITHOUT ANY OVERTIME.
5. CAN A COMPANY CHARGED FOR PROVIDING 3 TIME TEA DURING THE DAY AND BRUNCH AFTER 6 PM FROM STAFF AS CANTEEN CHARGES ON COMPULSORY BASIS.
6. IS IT COMPULSORY FOR A COMPANY TO PROVIDE THE MEDICAL FACILITY THOSE EMPLOYEES WHO IS NOT COVERED UNDER ESI.
7. CAN A COMPANY MAKE ANY RULE THAT IF THE EMPLOYEES GO BEFORE THE OFFICE TIMING THE FULL DAY SALARY WILL BE DEDUCTED.
8. IS THE SHOP & ESTABLISHMENT RULE CAN BE APPLICABLE IN A LTD. COMPANY.
9. CAN A COMPANY MAKE A RULE FOR HOLIDAY THAT THEY WILL GIVE ONLY 4 HOLIDAY IN A YEAR INSTEAD OF 10 HOLIDAY.
PLEASE CONFIRM IF ANY COMPANY IS DOING ABOVE AND IT IS VIOLATING THE LABOUR LAW THEN WHAT ACTION CAN BE TAKEN AGAINST A COMPANY. PLEASE IF POSSIBLE PROVIDE THE CASE REFERENCE ASLO.
Raj Kumar Makkad
(Expert) 13 March 2010
1. No.
2. No. Stipund is menat only for trainees and training can be given to freshers for a very specific period and they cannot be given any work or post of responsibility rather they can be given work under the close supervision of their seniors.
3. Components of ESI & EPF are: Basic, DA, Food concession, if any and retaining allowance so if a company shows entire salary as basic and DA then it shall attract the provisions of these acts. One thing is sure, if any employees gets wages (which includes all these 4 components) beyond the limit of EFP & MP Act or EST Act then no liability is fastened over the employer and these employees shall be got exempted.
4. No.
5. Yes. Company can duly charge if this facility do no form part of service benefits.
6. No. It depends over the contract of service otherwise it is not mandatory.
7. No. This rule which is beyond natural justice cannot be made and implemented.
8. No.
9. No. Such rule is against Industrial Disputes Act provisions.
If such company is violating any or all of the above situations then point-wise various actions can be taken by affected employees. It shall be good to take the specific services of any lawyer for this purpose.
