Danendra jain (manager) 11 August 2010

Discriminatory treatment with employees

I wish to draw your kind attention on following discriminatory laws, agreements, practices or rules and hope you will suggest corrective step to concerned department.

Engineers and MBAs frequently change their employer in search of better pay package. Due to this they do not get payment of gratuity. Even PF is blocked because they get better employment at different place in different companies. It is not easy for them to get refund of accumulated amount from PF account because of lengthy process. This is why Rs.10000 crores in more than one crores account is unclaimed as per latest report.

Ceiling for Payment of Gratuity to central government employees is enhanced from 3.5 lacs to rupees ten lacs and it is effective from 01.01.2006 for central and state government employees but it is effective from 24.05.2010 for all others including bank employees. Why is such discrimination in this amendment?

In quest of better opportunities or due to extra ordinary pressure of work or due to torturous harassment of bosses or due to arbitrary rejection in promotion process or due to posting at critical place or due to any reason where an employee serving in a bank want to resign from his services he is not paid pension or bank’s contributions accumulated in PF account is not refunded to him. Why?

Central government bears the load of pension for central government employees but not for banks. Why?

SBI is giving PF, Gratuity and pension to all employees but other banks are not paying these three. Other PSU banks are paying only two PF and gratuity on retirement. Why?

In the recent 9t bipartite settlement banks agreed to give second offer to of pension to PF optees but they are making recovery from Rs.50000 to one lac rupees towards pension cost. Existing pension optees were not required to pay for opting pension. Why this discrimination?

Revised scale for Central government employees is adequately long in each cadre to accommodate employees till he gets time bund promotion and provides payment of annual employee every year even if he is not promoted to higher scale. In banks, most of the senior officers and non officer employees are not getting annual increment every year. Why is there stagnation in each scale? Seniority and knowledge experience become a curse in banking industry.

Why is government silent spectators of these anomalies and such objectionable violation of law of equality granted by Constitution of India for all for Indian citizens. One may suggest court case for remedy. But will anyone get justice from Indian court before his or her death even after spending all money he or she has in his hand?

11.08.2010

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4 Replies

Isaac Gabriel (Advocate) 11 August 2010

Your concerns are genuine.Our constitution guarantees several things and reforms , but in a developing country like India, everything cannot be achieved just at the dawn.Now only the right to Education has become a reality.The social reforms , though in the agenda, it has to wait till the time is riped .

V.T.Venkataram (Advocate and Consumer Activist) 11 August 2010

Your concerns are genuine. Do you know that lakhs of retired employees covered under EPF are in receipt of a paltry amount of less than Rs1000/- per month as pension ?.Has any political party or any Government cared for this lot.No, they will not-since the pensioners are not organised !!

SS (VP) 11 August 2010

I belive it is time that the Govt turn their eyes to the plight of the private sector employees. They are discriminated in all aspects and they cannot even fight back since their career and livelyhood is under stake. Gratuity eligibility should be reduced to two years of continuous service in the present situation. The general opinion is that provate sector employees enjoy high pay packets. It is not true. A majority of them earn pay and benefits lesser that Govt employees. I will say it is like hell to work in private sector - All work and discrimination and no benefits by the company OR the Govt.

chandrasekkar c k (advocate) 12 August 2010

your concerns are true. the employees need to get a better deal. to remedy the malaise, i would suggest that an employee joining an organisation and upon getting his PF contirbuted, shousl be given one code number and the same should be carried forward when he goes to another company without any let. if that is done probably the contribution will be accumulated to his account and he should be given the same. After it is his contribution and he should not be cheated by the PF authorities and employers. ESI is in a sorry state of affairs. Inf act Labour department is one of the major contributors to the state exchequer. But everybody undermines it. many of our social welfare schemes get the money only by virtue of contirubtions be it in the from income tax at source, pf , esi and other payments made by employees. In india population explosion has permitted exploitation of workforce. Further the Unions are not organised, skilled and upddated to meet the new methods of exploitatio made by big companies. but very few are agile and adapted to study the presetn scenario and think in term sof progress of labour. we need a national level deliberation on these issues with people who are concerned about remedying the exploitation.