Bonus & pf act
jay
(Querist) 01 July 2015
This query is : Resolved
Respected Sir
I am jay bhogaita, I just recently switched my job my previous Company is not giving me salary of month of May 2015 & June 2015 as they are saying I had to give notice period of 45 days.. If I do so then they will give me salary... So legally they are right ??
My question no. 2 about Bonus & Provident Fund :-
I joined my last company in August 2014 I worked there still June 2015 now they deny to give me bonus of 8 months as they are asking about notice period so are they Right ??
As per rule if salary is below 15,000 rs per month they have to give provident fund and my salary at there 14,000 per month... I asked my PF number they answering same without notice period you can't have....
So they are legally right about salary, bonus & PF holding ?? Or can I complain my previous contractor company to principal Employee ?? Please Answer me Sir...
Kumar Doab
(Expert) 01 July 2015
You can.
Notice period has nothing to do with payment of Bonus and PF.
You are entitled to get salary slip of each month showing monthly salary/no. of days worked/earned wages,PF and ESIC deduction/PF number etc, PF number with a/c slips of each year, ESIC card, I.Card..........etc.
The notice period of 45 days also may not be necessarily applicable to you.
You should provide full information, pointwise to above and following points!
What is this establishment registered as: Commercial,Industrial?
What is its line of business:IT,ITeS,banking etc?
How many maximum persons are employed in it at any point of time?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?
What was your monthly salary? Do you have salary slip of all months?
Does company have its certified standing orders and is your designation covered by it? Or Does Model Standing Orders apply to it?
Was any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?
Did you tender notice of resignation? If yes of how many days? Do you have acknowledgment and POD of submission of notice/resignation?
Did mention NO tasks are pending at your end and to whom you should handover the charge?
jay
(Querist) 01 July 2015
I worked in M/s Heeru Corrosion Protection Service (I) Pvt. Ltd. Its Baroda base Blasting & Painting Contract company... I was working as a store officer in Reliance Industries Ltd, Jamnagar under contract base employee of Heeru...
In Heeru I guess more than 1,000 employee include labor & staff from various location of India..
We have HR policy but they not provide any salary slip to anyone except In-Charge or GM rank employee of company so I don't have any salary slips sir..
I have appointment letter of company in that they mentioned my salary & job function... & Gate Pass permission of Reliance of Heeru..I don't have any proof after above two..
Can I complaint with Appointment letter & Gate Pass to Reliance Human Resource Department ?? Or Can I make legal notice to company for bonus & PF & also for my previous salary ??
jay
(Querist) 01 July 2015
And Sir I tendered my resignation letter to all my senior offixer, top Management & owner too on 27th June & left company on 29th of June..
Sudhir Kumar, Advocate
(Expert) 02 July 2015
You can submit a complaint with the PF deptt or you can yourself inquire your PF No from EPFO.
Advocate. Arunagiri
(Expert) 02 July 2015
You have worked in that company for about one year, even without knowing whether they are deducting PF or not.
If at all they are deducting the PF, they should have informed you the account number. If they have deducted the PF from you but had not remitted it to the PF office, it is a criminal offense.
Regarding your salary arrears, you may give a complaint to the jurisdictional Labour Conciliation Officer. He will order notice to the company and will resolve the issue.
Guest
(Expert) 02 July 2015
In fact, you have been knocking at the wrong door. By tendering resignation to any or every senior officer, or another company (Reliance) except the concerned HR department of your own company (Heeru) that too without complying with the notice period cannot serve your purpose.
Can you state any reason for not sending resignation with prescribed notice period to the competent authority to accept your resignation.
Any delay in sending resignation as per the terms of your appointment may not tend to reduce the notice period.
Kumar Doab
(Expert) 02 July 2015
The moment employee has resigned he/she has severed employer-employee relationship and implies has signed off.
Don’t get confused with private/internal terms used by employer/HR/Line Managers/Legal cell etc.
Everyone to whom you have sent the copy of the notice/resignation is under sworn duty to forward it to HR if HR has to process it.
Otherwise notice/resignation sent to appointing authority/MD is sufficient.
Hope you have the copy and POD and acknowledgment.
This company might be covered by State Shops and Commercial Estabs Act that was enacted to govern the service conditions of employees working in such establishments.
Gujarat Followed Bombay Shops and Commercial Establishments Act.
The max. notice period as per length of service as per this Act is 30 days.
The standing orders are applicable of establishment employs 50 or more employees, and if standing orders are not certified Model Standing orders shall apply.
Model Standing Orders; Sec13-18…………..The notice period after confirmation of service is 30 days and before confirmation/during probation period is NIL. The service certificate has to be issued to all employees.
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 Gujarat.
Don’t expect any relief from HR and Line Managers, Legal cell personnel. They have to subscribe to orders of their masters and defend their interest and job and may not provide any relief to you.
Don’t remain entangled with them.
You may write to appointing authority/MD and claim that nothing is pending at your end and hence you should be supplied with correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, salary slips of all months etc………..thru redg. Post immediately so as to reach you in say next…………….7 days.
Thereafter you can resolve the matter in your favor with your own skills or approach (under expert guidance of your counsels):
---The Inspector appointed under Gujarat 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
The chances are that your counsels with their skills may resolve the matter in your favor.
Or you or employer can approach court of law.
You can escalate to Principle Employer too and pull it also.
P. Venu 
(Expert) 02 July 2015
In reality, the terms principal employer and the contractor are mere eye-washes. It is well known that Reliance, esp. in Gujarat, use such tricks in managing their affairs.
Kumar Doab
(Expert) 02 July 2015
One properly informed and supported employee is sufficient for as adamant and recalcitrant Line Manager/HR personnel/Legal Cell personnel, employer be it in Reliance or their home turf.
We have seen people turning saints like after they are attended to properly.............. by properly informed employees and their seasoned union leaders, and expert lawyers.
