Complaint against employer
Anjali Arya
(Querist) 05 January 2012
This query is : Resolved
A Salesman Ram (working since 10 years) suddenly left job from our shop on 14 Dec 2010.
He never came back to take his Account Balance.
Now a Labour Inspector visited our shop today (5 Jan 2012). He told us that Ram has filed a complaint against us. He asked nothing more in this regard. He will come after 2 days.
My query is that,
1. What kind of complaint Ram could have filed ?
2. What kind of papers/ documents shall I have ready ?
3. Any other advice.
I will be grateful to members of Lawyers club India.com
Sudhir Kumar, Advocate
(Expert) 05 January 2012
Most likely the complaint against you will be of arbitrary dismissal from service or of not paying minimum wages (most likely you have no proof of even paying wages) non-grant of weekly off, non-payment of overtime. If you are employing more then 20 persons and not paying EFP dues then bear it in mind that this offence is out of his preview as EPFO employs its own Inspectors. The behaviour of labour Inspector seems to be of bribe demander. if he demands bribe then do not get agitated beg for concession and some time to pay. In the meanwhile keep the contact of you Vigilance Deptt ready. CBI also in case of UT. Get him arrested.
Raj Kumar Makkad
(Expert) 05 January 2012
Until you receive any official notice from the labour department, keep mum over the subject and if your worker comes during this period and demands his full and final payment then do not forget to take a duly stamped receipt with his own handwriting receiving full and final and that he has left no claim of any type against you.
There is no need to be so panic. You shall have sufficient time to think over your defence once the paper come. It is a futile exercise to anticipate and think its defence without having real issue.
ajay sethi
(Expert) 05 January 2012
your worker Ram must have felt that you will be angry with him for leaving work without notice . to save face he must have approached labour inspector that you have arbitrarily dismissed him from service .
agree with makkad no need to panic . if worker comes over settle his account and pay him his wages
Deepak Nair
(Expert) 06 January 2012
Agree with the advise of experts.
No need to panic since there is no official notice yet. Act as advised by the experts.
Deepak Nair
(Expert) 06 January 2012
Agree with the advise of experts.
No need to panic since there is no official notice yet. Act as advised by the experts.
Anjali Arya
(Querist) 06 January 2012
Thanks for lowering my tensions.
But the delay of over 1 year (15 Dec 2010 to 5 Jan 2012) is what making me tense.
Whether Labour Inspector can demand to see some documents ?
More Info of my case:
I had 3 Employees (paying above minimum wages with Employees Register duly stamped)
1 was saleman (who left), 1 was stock boy and 1 was a Helper.
Now I have only 2 left (stock boy and Helper)
I did not employ any salesman in last 1 year.
prabhakar singh
(Expert) 06 January 2012
Is there any attendance register????
Deepak Nair
(Expert) 06 January 2012
Yes. the labour commissioner can demand such documents.
Sudhir Kumar, Advocate
(Expert) 06 January 2012
Please also check whether ran way employee Ram has stolen something? It could be likely that he is using this labour copmplaint as a tact to deter you from reporting theft to police because if there is a labour disppute ane then employer lees theft charge the police will not take him seriously and ignore as a routine act. It is likely that the person visited you may not be labour inspector but only someone coming to terrorise you. In case the so called labour inspector does not show any ID or any complaint you may be justified to treat him as imposter and call police.
Deepak Nair
(Expert) 07 January 2012
If you are concerened regarding the delay, you can content that the said Ram ran away and was not traceable for all these time and he too never contacted you.
You can also say that there was never a demand from Ram's part for his settlement of accounts.
The onus will be on Ram to prove.
Anjali Arya
(Querist) 07 January 2012
One of my friend has told me that,
Ram may complain that he was working at our shop for last one year continuously and we didn't pay his salary since Dec 2010.
When he demanded his salary, we fired him.
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Also please tell me that
Whether there is any penalty in law for leaving job without any prior written notice....
