@ Saran,
You have tolerated enough.
Try to be with some good employer with good HR practices.
Show whatsoever proof of employment you have and documents you have signed etc to a competent and experienced labor consultant/service lawyer................................Trade Union Leaders..........................along with elders of family, competent and experienced well wishers, and proceed further once you have understood the merits.
Generate some evidence that employer has retained your original Certificates without issuing any communication on Why the Original Certificates are to be retained by company and without issuing any acknowledgment/receipt of it.
This might be an audio/visual supported by witness or any other form as deemed fit by you.
You can raise a demand to return your original certificates in writing under proper acknowledgment.
The employer has to provide Pay slip that should be signed by both employer and employer,
Minimum Wages Act, 1948: Sec 18(3), Payment of Wages Act; Sec 13A
and as per your wages,.......................PF,ESIC, Group Insurance, etc.........
You may go thru all provisions of:
>> THE TAMIL NADU SHOPS AND ESTABLISHMENTS ACT, 1947
2.Definitions: (3): “commercial establishment” means...............
(5) “ employer” means..............
(8) “Inspector” means........
(12) “Person employed” means.....
4.Exemption.
28. Power of Inspector to act for person employed
29. Responsibility for payment of wages
30. Fixation of wages period
47. Maintenance of register and records and display of notices
50. Rights and privilege under other law, etc., not affected
>> THE TAMIL NADU SHOPS AND ESTABLISHMENT RULES, 1948
11. Fines:
[(6) Wages slip in form T shall be issued by every employer, to every person employed, every month, a day prior to the disbursement of wages or at least on the date of disbursement or if the wages are paid daily, along with the wages, duly signed by him or any other authorized person and also the signature of the concerned person employed shall be obtained . the copies of wages slip issued shall be maintained by the employer and produced to the Inspector on demand.]
12. Deduction for breach of contract
[16-AA. Maintenance and supply of service book
[16-C self Certification by the employer
>> The Original Certificates can not be kept by employer.
Madras High Court
Dr.S.Rajesh vs The State Of Tamil Nadu on 12 December, 2008
https://indiankanoon.org/doc/1028571/?type=print
You can approach Inspector under THE TAMIL NADU SHOPS AND ESTABLISHMENTS ACT, 1947, O/O Labor Commissioner, Inspector under Payment of Wages Act, RPFC for PF, Inspector ESIC, Trade Unions.....................Lawyer/Law firm..........
