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Bhawana Dhingra   03 May 2016

Harassment of emploees

Respcted members

I am Bhawana Dhingra. I was working in ESIC Hospital Sector 9A Gurgaon as Pharmacist. It was a contractual job which was provided to me by M/s Vayudoot Security Services Pvt. Ltd. A tender to provide paramedical staff to the hospital was given to this firm. 

I joined this job in Sep. 2014. The DC rates for my post was Rs. 19,512/- but they used to pay just Rs. 12,000/- About 50 plus staff members were recruited by them and same was happening to them also. Whenever we raised a voice against what was happening they told us that they will terminate our job. At last we decided to escalate the whole matter in labour court. After this, an enquiry letter was sent by the court to the hospital authorities. Till then, the contract of agency i.e M/s Vayudoot Security services Pvt. Ltd. was was on extension. After that in Nov. 2015 the contract was given to a new agency M/s Aries corporate services pvt. ltd. 

Till date, our 2 months salary is pending with the previous contractor. Also I have been terminated by the new contractor in Feb 2016 due to the complaint which we have filed against theprevios contractor in labour court.

I have copies of all the cheques given to me by the previous contractor, the enquiry letter which was sent by the court to the hospital and the termination letter of the new firm giving a fake reason to terminate me that I am not coming to my job on time (ideally a notice should be given for this, but as they were in pressure by the hospital authorities, they terminated my job straight forward) Also I have pictures of the attendance register of the ESIC Hospital.

Kindly provide me some guidance what I should do to get my salary and the amount which we have not received every month.

Regards. 



Learning

 3 Replies

Kumar Doab (FIN)     03 May 2016

It is fraud.

You can lodge criminal complaint as well u/s 406,420.....

The responsibility can be affixed on Principle Employer as well.

Involve employee's/trade unions and let the contractor not escape and disappear.

Did you get payslip?

 

Was any deduction of PF,ESIC,TDS etc made?

 

Bhawana Dhingra   03 May 2016

Sir, As were appointed through an agency, employee union did not support us. 

No Payslip was given to us. They used to give us salary through cheque every month after we sign a challan produced by the contractor. That challan was filled by pencil so that they can make changes afterwards.

Provision of PF was there but that was also not done by the contractor and ESIC was applicable for those employess whose salary was below Rs. 15000/- p.m

My father and me called the contractor many times but they are not giving the pending salary even. We requested ESIC authorities also when I was working there but they also refused to help us and their wording was "We cant do anything as you are not our employess. You are the employees of M/s Vayudoot Security Services Pvt. Ltd."

Sir, Please help me... How and where I can lodge the complaint against them.

Shall I escalate the matter to the ministry of labour and welfare Deptt. or directly to our honourable PM.

 

Kumar Doab (FIN)     03 May 2016

Probbaly ESIC employee's union did not support you.

Employees of contractor can become member of employee's/trade unions.

You as a citizen of 'Republic of India' have thr right to petition the Minister and PM by letter or thru other availabel modes e.g. Tweet

 

The episodes mentioned by you are serious and ESIC should have taken a Suo Motu notice of it.

 


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