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Praveen (student)     05 June 2014

Home nurse

sir,

    my friend is working as home nurse in patient place,she wake at 8.30 and goes to sleep 1.00 night

they are refusing to give leave to visit her home town poor girl,still salary is not given they are saying that totally we will give after 4 month,

for her medical expense she has no money she has complainted to her home nurse company,but they said that she should ask leave & payment with them

she should sit near patient 2 hrs swapingly they are two girls working as home nurse,as a friend what legal thing can i do in company they have not provided any document like 

appoinment order,any company releated letters there is no proof she is working there,what shall i do please do needfull. 



Learning

 7 Replies

Kumar Doab (FIN)     05 June 2014

The affected nurse is in which state? Is she a member of union for Nurses? The Home Nurse Agency that has employed her is in which state and Redg. Office of the agency is in which state?

Praveen (student)     09 June 2014

she is from karnataka and education is 9th std and not a member of union for Nurses,sir

T. Kalaiselvan, Advocate (Advocate)     09 June 2014

She cannot be eligible even for midwifery so she cannot claim to be a nurse.  She would have been a servant maid, hence she stands losing chance to legal action against the erring people.  At the best she can demand the salary or can quit the job immediately.  Has she been enrolled and employed for nursing duties?

Kumar Doab (FIN)     09 June 2014

>>> Ask your friend to be qualified nurse.

She can study thru NIOS, IGNOU and get basic qualification certificates that are acceptable everywhere.

Later she can study B.Sc Nursing.

 

 

>>>The domestic Maids have their own unions and there are NGO’s/associations to defend their interest.

 

>>> If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:

----Employees Unions : There are employees unions that have done good job.

--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.

--- Inspector under Karnataka Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.

 

You may go thru;

Karnataka Shops and Commercial Establishments Act;2:(e,g,s,k,t,v,w),3,4,6A,7,8,11,12,15,18,21,22,25,26,27,29,34,

And

Karnataka Shops and Commercial Establishments Rules


These should be available on the website of Dept of labor Karnataka or you can buy from market.

 

 
--- 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. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.


--- O/o Labor Commissioner: 
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Karnataka Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge complaints mentioning the enactments separately.

----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office; Applicable to all employees drawing wages (as per def. wages in the Act) up to Rs.15000/pm.
--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm

---Civil Court

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

 

https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU

 


The employees have even filed Winding Up petitions and have succeeded.

 

 


Attached File : 723145122 karnataka shops and commercial establishment act.pdf, 723145122 list of labor officials in banglore.doc, 723145122 list of labor officials in banglore.doc downloaded: 113 times

Kumar Doab (FIN)     09 June 2014

Attached.


Attached File : 723145122 trade unions in karnataka.doc downloaded: 73 times

Sudhir Kumar, Advocate (Advocate)     10 June 2014

well advised. 

Praveen (student)     10 June 2014

Sir,

But How come this type of organization can take non eligible girls, every one who are there came from villages the organization people say's that you only talk patient relative and take the leave regarding salary also they say you should only ask the salary from them ,if they are not working properly then organization people scold & warn them once i to talked to them they said there are many norms rules and regulation you will not understand it they said.

Regards,

Praveen kumar


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