Even if you call it unregistered it must have registered under U.P. Dookan aur Vanijya Adhisthan Adhiniyam, 1962 (U.P Shops and Commercial Establishments Act)
And rules framed under it should apply to it. You are entitled to leave as per rules framed under this Act. Each company has to maintain proper record of employees as per rules…………………..SO even if it pays wages in cash it has to declare employees employed by it and has to supply salary slip too.
Don’t work with such companies.
Has this company issued appointment letter to you and does it issue salary slip, PF number, ESIC card, Form 16,etc?
It is must to provide as per applicable laws and eligibility of the employee.
How many employees are employed in it?
Has it provided Group Insurance?
You must submit leave application too (even if on plain paper) and claim for medical treatment and keep copies! Keep on submitting bed rest advice/medical certificate by doctor or the company may declare abscondment/abandonment and square off your dues!
The earned wages have to be supplied to employee on usual pay day along with salary slip that should be ideally signed by both employer and employee or employer can be penalized say Rs.7500/instance!
Submit a gentle representation to appointing authority, MD…………………preferably thru redg. Post followed by email or at least by email, narrating all previous representations made so far by phone/by email/letter etc and request to supply payment of wages by DD thru redg. post.
You can also make them agree to handover payment in cash to your authorized representative. However minute everything in writing.
If employer has defaulted on payment of wages it must have defaulted on statutory social security benefits too e.g; EPF,EPS,EDLI, ESIC,TDS…..etc
Employee can 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.
Refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20…………..
The employee should approach within 1 year or has to get the delay condoned.
Employer has to issue wage slip to all employees.
---Inspector under U.P Shops and Commercial Establishments Act
You may go thru:
U.P. Dookan aur Vanijya Adhisthan Adhiniyam, 1962
And rules framed under it.
Sec:1,2(4,6,7,10,13A,18),3, 4-B,10,12,13,18,19,20,30,32, ………………………
--- O/o Labor Commissioner
----RPFC thru nearest PF office ;The
----ESTC Inspector in jurisdictional ESTC office
--- ITO; TDS where you file your ITR
CIT-TDS (jurisdictional) where company files ITR
There are provisions for penalty/punishment for non issuance of Form16 by the deducator…………..
----Lawyer/Law firm: Your lawyer may opine to issue statutory notice for ‘Winding Up’ the company……………………..and this may send zitters in Indian company.
---Civil Court
---Employees Unions, Trade Unions
They are sensitive to such issues and know precise ways to handle such matters too.
Influential Community leaders may adopt ways that suit them and drill sense into the heads.
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
All of these enactments should be available on Dept. of labor website of UP.
