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samir (OA)     29 June 2013

Contractual employees eligibility

Dear Sir,

I am working with one of the new 6 IIMs on 2 years contract basis.We dont have any kind of Rules documented till dat. I wud request you to kindly clarify below:

1) If asked for Compensatory off, the advisor states 'Director ne kaha hai, nahi milega' still no circular has been flasshed till date. Question is, whether am I eligible to have Compensatory  Off ? Is there any law ?

2) Are there any common basic Laws/Service Rules for autonomous bodies like IIM's ??

3) Normally we work for approximately 12-14 hrs daily, still No OverTime is provided  nor Compensatory Offs?? Is there any rule exists ??

4) Pay slip/Salary Slip is never provided from Accounts Dept. On demanding the same, the answer is 'Aisa kahi likha hai kya ki Salary Slip dena hai' ??

5) It is always mentally harrased by saying 'Director tum ko nikaal dega', can a employee on contract be sacked directly like any private organisation ??

6) Am I eligible for any kind of Medical Facility in case of any mishappening to me being on contract ??

Sir, reuest you kindly provide the solution, as me along with my collegues will be benifited.with solution.



 3 Replies

Sudhir Kumar, Advocate (Advocate)     30 June 2013

whether Income tax is deducted and F/16 given

Kumar Doab (FIN)     01 July 2013

 

 Mr. Sudhir Kumar has given valuable advice. Kindly follow it.

If the deductor (employer in your case) does not deduct TDS and supply Form 16, it can be penalized.

 

If the number of employees is large, the employees can join hands and build IC/Guild/Union and affiliate with trade unions……………………

 

If fear of loosing job looms over, the affected employees have the option of remaining in employment and keep on hunting for better ventures……………………

 

This offer is only for 2 years and it shall be totals waste to become overage and ineligible for other options……………………..

 

 

The route of FTC/Contractual employees is chosen to have absolute ‘Compliant’ employees on board.

 

 

-------https://mhrd.gov.in/iim_hindi

All the IIMs are registered Societies governed by their respective Board of Governors.

 

During the XI Five Year Plan, six new IIMs have been set up at Rohtak (Haryana), Raipur (Chhattisgarh), Ranchi (Jharkhand), Tiruchirappalli (Tamil Nadu), Kashipur (Uttarakhand) and Udaipur (Rajasthan).


If the IIM has not downloaded the service conditions, service rules, leave policy etc to employees recruited on contractual basis, then the aggrieved may peruse RTI route to obtain the rules/conditions/policies, passed/framed by the IIM board……………….

 

The rules for IIM Indore are attached.

https://www.iimidr.ac.in/iimi/media/pdf/RULESREGULATIONSPART-1.pdf

 

You may acquire the printed version for your IIM and relate……………..

 

Chapter No.6; Contract Appointment Rules:

 

4: The period of appointment shall be specified in order of appointment. (Implying appointment letter is to be issued).

 

9. In respect of any matter for which no specific provision has been made, central govt. rules shall apply…………….

 

You may also look into sub section 11.

 

------You may obtain printed version of leave policy which should be applicable to permanent and contractual staff………….and you need to check on it.

 

>>>Compensatory Off; is granted if employee is asked to work on national/festival/declared/weekly off day………………

 

{ THE MINIMUM WAGES (CENTRAL) RULES, 1950

 

23.  Weekly day of rest :

(2)  Any such employee shall not be required or allowed to work in a scheduled employment on the rest day unless he has or will have a substituted rest day for a whole day on one of the five days immediately before or after the rest day:

24.  Number of hours of work which shall constitute a normal working day

(1)  The number of hours which shall constitute a normal working day, shall be -

(a)  in the case of an adult – 9 hours;

{25.  Extra wages for overtime

 

>>>OT: You may download OT policy and check if you are included in Exempted Employees. Are you being asked to work for late/extra hours in writing? You need to build record and gather evidence…………email sent at late hours to assigning tasks and asking to complete it.

 

{ MINIMUM WAGES ACT,1948

 7.   Overtime (Section 14)

If any employee whose minimum rate of wages is fixed under the Act works on any day in excess of the number of hours constituting normal working day, the employer is required to pay him for excess hours at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher.}

 

>>>Pay slip: { should be signed by both employer and employee}

Payment of Wages Act :

13A. Maintenance of registers and records.: (1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them,……………….. the receipts given by them and such other particulars and in such form as may be prescribed.

(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]

6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both: 5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]

 

MINIMUM WAGES ACT,1948

 

9.      Maintenance of registers and records(Section 18)        

Every employer is required to maintain registers and records giving particulars of employees, the work performed by them, the wages paid to them, the receipts given by them and any other required particulars.

THE MINIMUM WAGES (CENTRAL) RULES, 1950

26.  Form of registers and records.

3

{(1)  A register of wages shall be maintained by every employer at the work-spot in Form X.

4 {(1A) Every employer shall in respect of each person employed in the establishment, complete the entries pertaining to a wage period –

(a)  in columns 1 to 15 of Form X, before the date on which the wages for such wageperiod fall due;

(b)  in columns 16 and 17 of the said Form, on the date  when payment is made and obtain  the  signature  or  thumb  impression  of  the  employee  in  column  18  of  the said Form on the date when payment is made.}

(2)  A wage slip in Form XI shall be issued by every employer to every person employed

by him at least a day prior to the disbursement of wages.}

 

 

 


Attached File : 161698010 payment of wages act 1936.pdf, 161698010 the minimum wages central rules1950.pdf, 161698010 rulesregulationspart-1.pdf downloaded: 169 times

samir (OA)     02 July 2013

Dear Sir,

Thankyou for your valuable advice .. as in my current organisation, we are being kept in dark .. with  the help of your guidance, definetly I will be able to make my survival here smoother and will be able to help my collegues too.

Once again thank you sir .

Regards,

Samir


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