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hemal8110   05 October 2015

No system in company...

1.Appointment letter is nor given.

2.Salary statment is nor given nor sign is taken. only cheque payment is done every month.

3.Electronically thumb impression is recorded for daily present.

4.CCCTV footage is available with employer for daily work.

5.firm is small say ten person worked.five worker is trainee.

6.salary is not given in time in month.

7.sunday may work if instructed.

 

What to do as per labour law for such offices ?

 



 2 Replies

Kumar Doab (FIN)     05 October 2015

Other threads posted by you are at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=127904&offset=1

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=125540&offset=1#.VhJtMG5-jMo

 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=122096&offset=1#.VhJuKW5-jMo

 

You may check and confirm if  this is a firm covered by ( Name of the state) Shops and Establishments Act....................and go thru each clause of the Act.You will find your answers.

 

1. Usualy it is mentioned that appointment letter should be supplied to all employees.

2. Salary slip should be supplied at least a day before fixed date/day for disbursment of wages.

3. As per the Act and ( Name of the state) Shops and Establishments Rules the employer has to maintain and submit prescribed registers on wages/OT/attendance/leave etc to Inspectorate.YOu can obtain the copies thru Inspector or RTI.

4. This record is in employer's custody and it may not share with you. Download the attaendance recoird and maintain it.

5. At any point of time the highest number of employees shall decide. It has to register in any case.Trainees (may be a nomencalyure and for name sake only......................and may actually be employees to be on rolls)/ contractual employees ....................etc all are counted.

6. Employee can lodge complaint the moment payment of earned wages is delayed even if for a day, and employer can be penalized as per provisions say Rs.7500/instance.

Non Payment of wages by the fixed day is breach by employer and renders it unworthy to be employed with. Unpaid wages/emoulments are debt on employer.

 

7. Obtain instructions for off days/holidays in writing or record it(audio/visual/minuted/witnessed) and demand for OT@ double wages.

 

There are many employee's/trade unions that may embrace you.

You can consult them   and an able labor Law Consultant/Service matters lawyer/law firm specializing in such-labor-service matters...........................and your counsels may opine that you can approach:

 

Inspector appointed under :( Name of the state) Shops and Establishments Act, Payment of Wages Act, higher officials of Dept. of Labor, o/o Labor Commissioner, Court of law...................

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     11 October 2015

Without an appointment letter it cannot be termed as a regular employment.  Your case can be treated as a contracted work requiring no appointment letter except or an agreement. You may consult a labor law practicing lawyer to sort out the issues legally based on the real facts. 


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