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Kaushik Goswami   28 April 2016

Complaint against esi deduction

Dear Sir/Mam,

Greetings For The Day...!!!
I Am An Employee Of Private Insurance Company Called SHRIRAM LIFE INSURANCE CO. LTD., My Employee Code Of The Company Is K01311 And My ESI No. Is 5211067815. Now I Want To State That While Working With The Company I Have Never Get The Facilities Of The ESI Services, Nor We Have Got Any Cards Issued From The Company. Now At Present We Are Jobless Without Any Reason. If In My Family Someone Is Seriously Hospitalized Then I Don't Have Anything For Proper Treatment. Whenever We Have Queried For ESI Facilities Then The Higher Management Used To Neglect Our Queries. As Our One Of The Employee Is Suffering From Cancer Disease. So Why We Will Work For Such Company Who Deduct The ESI From Salary And We Have Nothing For The Treatment. And After That When The Company's Office Was Damaged By Short-Circuit, Our Divisional Manager Mr. Dinkar Jha Forcefully Asked To Deposit The Sum Of Rs.3000/- Each, And Also Told That You Will Get The Refund Of That Amount. But Till Now We Haven't Got That. Now When We All Are Asking About That They Say Forget About It. So Is There Any Solution To Withdraw That Blocked Amount, Because Right Now We All Are Jobless. 

Now I Want To Know Whether I Will Get Any Compensation From The Company Or Not? If I Will Get The Compensation Then When And How Much? 

And Its My Humble Request Please Look After The Matter. For This I'll Be Highly Obliged To You.



Learning

 6 Replies

Kumar Doab (FIN)     28 April 2016

Why are you jobless?

Do you have salary slips showing the deduction?

Do you have proof of having deposited Rs.3000/person?

 

Kaushik Goswami   28 April 2016

Yes Sir.....

You can check it as I have attached my salary slip along with this post. And about the matter of Rs.3000/- when the higher authority has asked about the relevant matter of the collection, our Divisional Manager has accepted the same by mail. And now he is denying in front of us. And also we have given entire proof of that illegal collection to our HR head of the company. 

Kumar Doab (FIN)     28 April 2016

You have not replied to:

Why are you jobless?

You may also post:

What was your designation and nature of duties?

You were located in which state?

For illegal collection you can lodge criminal complaint as well.

Are you a member of employee's/trade unions?

 

Kaushik Goswami   29 April 2016

I am jobless just because our company's management ask to resign all the 14 employees out of 18 employees, some of them were put down their paper and who objected it, has terminated, but why we also don't know because one of the employee has been resigned from his relevant post and his resignation also accepted by HR, but still he is getting salary and other remunerations. why? When we asked the management about this matter, management says I don't know it is the mattttter of upper label. Why so?

I am the Sales Manager over there, My nature of the duty is to recruit agent and drive them for business that is Life Insurance.

I am located in Jamshedpur, Jharkhand.

We all thought to complaint the same to police, but many of them were saying you can't fight against the company. Nothing will happens to it.

No I am not any members of any unions.

According to you is there any solution for this?   

Ritesh Maity (Labour Law Advocate)     29 April 2016

1. Regarding getting the facilities of ESI, please note that it is an insurance and you can get benefit only when there is an illness. Since you are covered, when you are ill you can approach the ESI despensary, ESI hospital etc for treatment. If you have not received the ESI card, you can directly write to the ESI Corporation. 

2. I am unable to understand how and why you were forced to deposit Rs.3000/-. it has nothing to do with ESI or your employment. 

3. If you have resigned yourself then I am afraid you cannot raise any dispute unless and until you can prove that such resignation was obtained from you by force. 

4. For the ESI matter, you can lodge a complaint before ESI corporation. And for your compensation for alleged illegal termination, many factors needs to be considered before giving you advice. 

Please consult a lawyer for more details.

Kumar Doab (FIN)     30 April 2016

1. ESI; If employee's contribution was deducted but not deposited then it is fraud. You may approach jurisdictional ESI office.

In certain situations in case of loss of job ESIC may provide  salary.

 

2. If you were terminated and order was bad then it can be contested.

3. If you were forced to resign and you can prove then you can approach appropriate forum.

4. The illegal dedcuction/collection of Rs.3000/ was by Boss and even if cmpany wa aware it may not agree. YOu may lodge police complaint.

In many states employee's of private insurance companies have formed unions and unions can also support.

You may approach an able counsel specializing in labor-service matters.

 


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