Workman wages if his service is taken for two group company
Querist :
Anonymous
(Querist) 07 June 2018
This query is : Resolved
Dear experts,
If a workman is on roll of a company and his services are also taken for work of other company of same group then according to labour laws whether he can seek minimum wages or justified overtime or suitable compensation for the work he performed for the other company.
under which section or act he should claim these wages for the work done for the second company if he has the documentary proof of taking work of other company by parent company . Whether he is eligible to file a complaint before labour commissiioner that he is being overused without paying anything for the work of second company
Ms.Usha Kapoor
(Expert) 08 June 2018
He can complain to the Labour commissioner U/s 4 A 0f payment of Wages Act.That he hasn't been paid wages by the 2nd company.
R.Ramachandran
(Expert) 08 June 2018
There is no legal provision anywhere, especially in private establishments, for such two wages or extra payment. Naturally, when you are doing job in other organization, at that time you are not working in your original organization! (I mean, at any given time - either you are performing the duties of the organization where you are employed, or the work in the group concern. You are not doing work both in the original organization and group concern at the same time.) After all you are carrying out the duties assigned to you by the Organization in whose pay roll you are in. If you are not willing to do,. you should have objected, which you did not do. For you know that If you had objected, your main job itself would have been be in trouble. You are not ready for this. The same will be the situation, now if you make a complaint also. Are you prepared for this situation now?
No labour commissioner will come to your rescue.
It is easy for somebody to suggest to go and complain to the Labour Commissioner. Ask them whether there exists any provision by which you can seek extra wages / minimum wages/ over time for working in group concern. THEY WILL HAVE NO ANSWER WHATSOEVER. And such persons are giving you guidance to make a complaint to the Labour Commissioner.
Better think several times, before going ahead.
Kumar Doab
(Expert) 08 June 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab
(Expert) 08 June 2018
Relate your matter with narration in appointment letter, standing orders applicable to establishment/your designation, service rules provided to you in printed form, enactments applicable to establishment/employee and you can relate for OT, Min. Wages, min. compensation…
Generically speaking; Work hours=8/day=48/week beyond which OT applies and there is capping on OT.
Min. Wages; If your work/designation is covered by the enactments..e.g. Min Wages Act, Central Rules, periodic (State) Govt notifications…
IT shall always be appropriate to consult elders of the family, competent and experienced well wishers, seasoned/employees/trade union leaders….and get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with LOCAL applicable rules/laws that apply and having successful track record…. and worth his/her salt..by showing matter related docs and giving inputs in person…..
Thus unnecessary complications, misunderstandings can be avoided.
Kumar Doab
(Expert) 08 June 2018
You can also meet in person the jurisdictional Labor Inspector/ALC (State/Central) and discuss the issue…………..These officials are well versed with rules and even Min. Wages and can advise you if there is some force in your claim or not!
Usually these officials are nice and accommodating..and advise properly..
Kumar Doab
(Expert) 09 June 2018
Tips on Min. wages are also posted at;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=88801&offset=2
Also go thru notifications by state govt of your state e.g; Kerala had included IT/ITeS related employees and this has been posted in many threads... and covered such companies for standing orders under provisions of Payment of Wages Act................
The points mentioned above may be gone thru ...........
