You can access lawyers par excellence at Delhi. It shall be appropriate to proceed under expert advise of your lawyer.
Your lawyer may opine:
-- You are covered as ‘Workman’ as in ID Act and ‘Employee’ as in Delhi Shops and Commercial Establishments Act and standing Orders are applicable to your designation.
--Since you are being threatened you can invoke the provisions of these enactments and pursue remedies as applicable in your case.
--To submit minutes to good offices of appointing authority, MD, Manager/Agent of Employer at Delhi office as shown in registration certificate issued under The Delhi Shops and Establishments Act, Grievance Redressal Committee, internal employees union, works committee………………….lodge complaint on the misconduct of the Line managers/HR and ask to initiate action against them………………….
You may go thru:
>>> The Delhi Shops and Establishments Act, 1954
2. Definitions:
(7) “employee” means a person wholly or principally employed, whether directly or otherwise, and whether for wages (payable on permanent, periodical, contract, piecerate or commission basis) or other consideration, about the business of an establishment and includes an apprentice and any person employed in a factory but not governed by the Factories Act, 1948 (43 of 1948), and for the purpose of any matter regulated by this Act, also includes a person discharged or dismissed whose claims have not been settled in accordance with this Act;
(8) “employer” means the owner of any establishment about the business of which persons are employed, and where the business of such establishment is not directly managed by the owner, means the manager, agent or representative of such owner in the said business;
(15) “inspector” means an Inspector appointed under section 36 of the Act;
(16) “leave” means leave as provided for under this Act
Sub-section (16)—”Leave”
3. Rights and privileges under other law, etc., not affected.
19. Time and conditions for payment of wages.—(1) Every employer or his agent or the manager of any establishment shall fix periods in respect of which wages to the employees shall be payable and such person shall be responsible for the payment to persons employed by him or all wages required to be paid under this Act.
(2) No wage period so fixed, shall exceed one month.
(3) The wages of every employee in any shop or establishment shall be paid on a working
day before the expiry of the seventh day of the last day of the wage period in respect of which the
wages are payable.
(4) All wages shall be paid in cash.
(5) Where the employment of any person is terminated by or on behalf of the employer, the
wages earned by him shall be paid before the expiry of the second working day after the day on
which his employment is terminated.
21. Claims relating to wages
22. Leave.—(1) Every person employed in an establishment shall be entitled
[If leave policy of the company offer superior benefits then pursue the leave policy, too.]
23. Wages during Leave
30. Notice of Dismissal
COMMENTS
(a) Applicability of section 30
The protection of the provisions of the section is available to all persons who fall within the definition of the term “employee” as given in section 2(7) of the Act and who have put in three months’ continuous services. In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954
(c) Acts and omissions constituting misconduct
For the purpose of section 30, for the term, “misconduct” reference be made to Rule 13 of the
Delhi Shops and Establishments Rules but the list is not exhaustive in view of the word ‘includes’.
(d) Section 30 of the Delhi Shops and Establishments Act, 1954 does not exclude the
application of the Industrial Disputes Act, 1947
33. Records.—
COMMENTS
(a) Particulars and forms of the records required to be maintained under section 33
Failure to maintain the records in the prescribed form and in the prescribed manner,……………………… or a record of the hours worked and the amount of leave taken by end of………………
The register of employment and wages is required to be kept in Form ‘G’ duly bound and pages serially numbered. Where, however, the opening and closing hours are ordinarily uniform,
the employer may maintain such register in Form ‘H’ alongwith a separate register of wages and
record of leave in Form ‘I’
All such registers and records are required to be exhibited at the place of work
(c) Failure to maintain records
(d) Can an Inspector require an employer to produce the record in his office for
inspection?
35. Inspection of Registers and calling for information
37. Powers and duties of the Inspector
(a) Powers of the Inspector
(b) Duties of the Inspector
(b) that the registers, records and notices required to be maintained or displayed under the
Act or the Rules are properly maintained or displayed;
(e) that the provisions of the Act and the Rules regarding leave are property observed;
(g) that the provisions of the Act relating to the payment of overtime are duly observed;
(h) that the wages and other dues are being paid to employees in time as required under
the Act;
41. Wilfully making false entries.—
43. Determination of employer for the purpose of this Act.—(
And approach Inspector under The Delhi Shops and Establishments Act, 1954.
>>> Model Standing Orders: 9. Leave
10. Casual leave
11. Payment of wages
13. Termination of employment
14. Disciplinary action for misconduct
15. Complaints
17. Liability of 17[employer].--The [employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
18. Exhibition of standing orders:
If standing orders are certified then you may pursue these.
And approach O/o Labor Commissioner.
>>> Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20…………..
And approach :Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act………………and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner
>>> Service Rules and Regulations, HR Policy, Conduct and Discipline Rules of the establishment……………..
