Has he been issued appointment letter/I.Card. It is mandatory vide Karnataka Shops and Commercial Establishments Act;Sec6A…………
The company that has deputed the Office Boy and Principle employer (your company ) both are responsible/accountable/liable to pay wages on fixed day of payment of wages as in various Acts that are applicable.
He is covered as ‘Workman’ as in ID Act.
The Karnataka Shops and Commercial Establishments Act do not distinguish between a ‘Workman’ and ‘Non Workman’.
Hence any person (including office boy and even you) employed in any establishment covered by the Act shall be covered by the def. of ‘Employee’ as in the Act and can approach the Inspector appointed under the Act. One of the jobs of the Inspector is to ensure that wages are paid on time.
All employees irrespective of the designation drawing wages upto Rs.18000/pm (as per def. of the wages in this Act are covered by the Payment of Wages Act…………..and can approach the Inspector appointed under the Act.
He would also be covered by the Min. Wages Act and can approach the Inspector appointed under the Act.
The labor Inspector in local o/o labor Commissioner may also be officiating as Inspector under all Acts mentioned above and local o/o labor Commissioner can clarify and help.
Each employee should be supplied Wage/salary Slip at least a day before the payment of wages and it should be signed by both employer and employee…………….Refer Min. Wages Central Rules 26(3,4), Payment of Wages Act ;sec13A…………….and salary slip should show all statutory deductions e.g. PF,ESIC, TDS etc………..
IN addition to it the record of payment of wages,OT,attendance is to be maintained as per prescribed registers vide Karnataka Shops and Commercial Establishments Rules and falsification of record is an offence…………
If wages are not paid then company has defaulted on PF,ESIC,TDS and complaint can be lodged with:
---RPFC in nearest o/o PF commissioner
---jurisdictional ESIC office
----ITO-TDS where employee has to file ITR and CIT-TDS where employer files ITR
Complaint u/s 406,420 can filed in police station…………..
Winding up petition can be filed……………..
The Employee’s Unions/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc can be approached………………..
The contact details of Labor Officials, Trade Unions is available at dept. of Labor website of Karnataka…………
The complaint can be lodged with higher Officials of Dept. of Labor and they can levy exemplary penalty and punishment…………….
The govt. of Karnataka and notified and made it mandatory to form ‘Grievance Redressal Committee’ in each company……………
