The company’ office located in Gurgaon is not engaged in Manufacturing activities therefore might have registered under Punjab Shops and Commercial Establishments Act (state of Haryana follows it) and it can be accessed at Dept. of Labor website of Haryana, along with contact details of Labor Officials……………..They can also comment on ‘Why the local office was left or allowed not to register OR has it been granted any exemption as per prevailing rules?
If NO exemption was granted and company did not register its office it can be panelized and it shall have to register by paying penalties.
AS advised by Mr. Ramachary you may lodge a complaint with Registrar of Companies as well.
The Labor Officials have to take suo motu notice of such violations…………………………………….and have to act on even complaints by phone, anonymous complaints, by email, in person, by letter……………………and matter can also be perused thru RTI.
Salary slip has to be issued to all employees as per various enactments and should be supplied at least a day before the disbursement of wages, and as per rules towards various forms/formats/registers prescribed in enactments applicable to establishment…………………e.g.
Payment of Wages Act ;Sec13A
Minimum Wage (Central) Rules, 1950, Rule 26(3) (4)
Punjab Shops and Commercial Establishments Rules: Sec5
If the earned wages are not paid in time on usual pay day the employer can be fined say Rs.7500/instance!
IN the meantime you may go thru Punjab Shops and Commercial Establishments Act and Punjab Shops and Commercial Establishments Rules………………….
Punjab Shops and Commercial Establishments Act:Sec;2(iv,vi,vii,xiv,xvi,xxii,xxiii,xxiv,xxvii,xxviii) ,3,4,5,13,15,16,17,18,20,21,23,26,32,
Punjab Shops and Commercial Establishments Rules; 3,4,
5: MAINTENANCE OF REGISTERS.-
The employer of every establishment about the business of which
persons are employed shall maintain the following registers, namely:-
(1) a register of employees in Form C ;
(2) a register of wages of employees in Form D; and
(3) a register of deductions in Form E
7,9,10,13,15,22,……………………………………….and various forms published in Rules………………
Did the company issue any offer letter, appointment letter?
Did it mention the T&C of security deposit in writing in any of the documents issued by it say………………..job advt, interview call letter, selection letter, offer letter, appointment letter, HR policy/service rules and regulations mention of which is usually made in appointment letter etc…… ? NO deduction from earned wages can be made except deductions permitted by statues, that is duly explained in enactments like Shops and Commercial Establishments Act, Payment of Wages Act etc…………………….and any for any other deduction there has to be a valid contract between employer –employee.
You have posted that the offer letter issued to you was for 1Y………………………….it is felt that the appointment might be a FTC (Fixed Term Contract)! Who has signed it; Indian Executive in Indian Office or Foreign Executive in Foreign Office? Which address is typed on offer letter: Indian/Foreign? Does it contain payment of site allowances?
The original joining letter issued to you is signed by company’s executive or not? (It is noted that you have not signed it).
The employee can decline to accept any change in service conditions, any agreement, any contract drafted by employer.
If you have not signed the service agreement/contract, towards your acceptance it is not applicable to you. If you sign and resign before 3Y, company may claim the liquidated damages stated in it to be paid by you!
The 3Y agreement to serve was inserted in lieu of what extra ordinary favor by company say: Training that would add some extra ordinary skills, certified by some Instt.?
All amounts mentioned in the offer are committement and have to be paid by the employer.
Have they refused in writing?
Have you lodged your demands in writing under proper acknowledgment, narrating all previous representations………………………mentioning dates, names, brief minutes of discussion?
Have you tendered resignation with immediate effect or notice of resignation with notice period stated in it? Have you handed over the charge, company property under proper acknowledgment/
Do you have copy and proper acknowledgment or POD of your resignation?
Has the company issued acceptance or declinature of resignation in writing, FnF statement for verification and acceptance?
Has the company issued Form16?
Has it provided any group insurance?
The PF,ESIC may not be applicable……………….but employer can provide even if not applicable as per Act.
Standing Orders may not be applicable.
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 Punjab 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.
--- 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:
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office
--- 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
The employees have even filed Winding Up petitions and have succeeded.
Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary credit details, Service rules and regulations, Conduct and discipline rules, Notice of resignation, resignation etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.
Your lawyer may ask you a set of structured questions and may opine that you shall be covered as ‘Workman’ as in ID Act, ’Employee’ as in Punjab Shops and Commercial Establishments Act………….. and can explain all options available to you and help you lodge complaints successfully.
