Dear all,
Kindly advise on the following issue:
Q1. Can managers and candidates at the above level lodge a complaint at the labor commissioner's office?
Please provide me with your feedback on high priority.
Thank you.
Bala Panmand
From India, Mumbai
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5Kindly advise on the following issue:
Q1. Can managers and candidates at the above level lodge a complaint at the labor commissioner's office?
Please provide me with your feedback on high priority.
Thank you.
Bala Panmand
From India, Mumbai
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Dear Bala Panmand,
The manager’s complaint can also be entertained & heard by the Labour Department if he is covered under that particular Act for getting any relief. For example if is covered under the definition of employee under the Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, & Punjab Shops & commercial Establishment Act, 1958 etc. then he can file his complaint before the Appropriate Authority of the Labour Department.
Submitted as requested.
R.N.Khola
From India, Delhi
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The manager’s complaint can also be entertained & heard by the Labour Department if he is covered under that particular Act for getting any relief. For example if is covered under the definition of employee under the Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, & Punjab Shops & commercial Establishment Act, 1958 etc. then he can file his complaint before the Appropriate Authority of the Labour Department.
Submitted as requested.
R.N.Khola
From India, Delhi
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Dear Sir Thnx for your update. Full & final complaint can lodge to the labour commissioner? Your advise will be highly appriciated. Thanking you Bala Panmand
From India, Mumbai
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From India, Mumbai
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Dear,
It is hereby submitted that the manager employee can lodge a complaint with the office of the labor commissioner. If you receive a notice from any officer, you are to raise your objection at the time of the hearing that he is not entitled to get any relief from you, as the manager is not covered under such Acts. Your office does not have any jurisdiction to try and entertain his complaint on the grounds that he is not covered under such Acts.
R.N. Khola
From India, Delhi
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It is hereby submitted that the manager employee can lodge a complaint with the office of the labor commissioner. If you receive a notice from any officer, you are to raise your objection at the time of the hearing that he is not entitled to get any relief from you, as the manager is not covered under such Acts. Your office does not have any jurisdiction to try and entertain his complaint on the grounds that he is not covered under such Acts.
R.N. Khola
From India, Delhi
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Dear Bala, Can you be specific with regard to your query? Mr.Kola has broadly given you correct & sound advice. Vasant Nair
From India, Mumbai
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From India, Mumbai
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Dear Bala,
It is not the designation that decides whether an individual can approach the labor department for remedial action. If you talk about the ID Act, an individual can approach the labor department. However, as Mr. Khola has rightly said, let management argue that he is not a workman and this act is not applicable to him.
From India, Delhi
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It is not the designation that decides whether an individual can approach the labor department for remedial action. If you talk about the ID Act, an individual can approach the labor department. However, as Mr. Khola has rightly said, let management argue that he is not a workman and this act is not applicable to him.
From India, Delhi
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Dear All,
How can we describe the role of a Manager? Though designated as Manager and performing duties directly (excluding supervisory responsibilities), can they not be eligible to approach the labor commissioner?
I feel that a manager who is only performing supervisory responsibilities may not approach the labor commissioner. In contrast, a person designated as a Manager but performing duties like other employees can be treated as a normal employee and eligible to seek assistance from the labor commissioner.
Please correct me if I am wrong.
From India, Hyderabad
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How can we describe the role of a Manager? Though designated as Manager and performing duties directly (excluding supervisory responsibilities), can they not be eligible to approach the labor commissioner?
I feel that a manager who is only performing supervisory responsibilities may not approach the labor commissioner. In contrast, a person designated as a Manager but performing duties like other employees can be treated as a normal employee and eligible to seek assistance from the labor commissioner.
Please correct me if I am wrong.
From India, Hyderabad
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Dear Bala Panmand,
An employee, including paid directors, is employed by the company. Therefore, I believe you can proceed with your grievances.
Section 2(9) of the ESI Act defines the term 'Employee' as follows:
Any person employed for wages in or in connection with the work of a factory or establishment to which the Act applies.
To qualify as an employee under the ESI Act, a person should belong to any of the following categories:
1. Those directly employed for wages by the Principal Employer within or outside the premises in connection with the work of the factory or establishment.
2. Those employed for wages by or through an immediate employer in the premises of the factory or establishment in connection with its work.
3. Those employed for wages by or through an immediate employer outside the premises of the factory or establishment under the supervision and control of the Principal Employer or his agent.
4. Employees whose services are temporarily lent or hired out to the Principal Employer by an immediate employer under a contract of service.
5. Employees directly employed by the Principal Employer in any part, department, branch situated in the same station or elsewhere, in connection with the administration of the factory or establishment for the purchase of raw materials, sale, or distribution of the products of the factory, etc.
Exclusions apply to:
- An apprentice engaged under the Apprentice Act, 1961, or under the Standing Orders of the Establishment.
- Members of the Navy, Army, or Air Force.
- Any person whose wages (excluding overtime wages) exceed Rs. 7,500/- a month.
All categories of employees, whether regular, casual, badli, temporary contract, etc., fall under the covered category. Employees engaged in various activities like loading, unloading, movement of raw materials, gardening, guest house maintenance, watch and ward, housekeeping, cleaning, civil construction, repairs of buildings, erection, repairs, and maintenance of machinery, plant, equipment, furniture, fixtures, either directly employed by the principal employer or through a contractor are covered.
If contractors' employees are engaged in any work outside the factory or establishment premises, supervision by the Principal Employer or his agent is necessary for their coverage.
Even paid Directors of a company are considered "employees" if they receive a salary not exceeding Rs. 10,000/- per month. However, proprietors and working partners receiving a salary are excluded from coverage.
Part-time employees employed on a contract of service are also considered employees.
Regards,
Jaleel
From India, Bangalore
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An employee, including paid directors, is employed by the company. Therefore, I believe you can proceed with your grievances.
Section 2(9) of the ESI Act defines the term 'Employee' as follows:
Any person employed for wages in or in connection with the work of a factory or establishment to which the Act applies.
To qualify as an employee under the ESI Act, a person should belong to any of the following categories:
1. Those directly employed for wages by the Principal Employer within or outside the premises in connection with the work of the factory or establishment.
2. Those employed for wages by or through an immediate employer in the premises of the factory or establishment in connection with its work.
3. Those employed for wages by or through an immediate employer outside the premises of the factory or establishment under the supervision and control of the Principal Employer or his agent.
4. Employees whose services are temporarily lent or hired out to the Principal Employer by an immediate employer under a contract of service.
5. Employees directly employed by the Principal Employer in any part, department, branch situated in the same station or elsewhere, in connection with the administration of the factory or establishment for the purchase of raw materials, sale, or distribution of the products of the factory, etc.
Exclusions apply to:
- An apprentice engaged under the Apprentice Act, 1961, or under the Standing Orders of the Establishment.
- Members of the Navy, Army, or Air Force.
- Any person whose wages (excluding overtime wages) exceed Rs. 7,500/- a month.
All categories of employees, whether regular, casual, badli, temporary contract, etc., fall under the covered category. Employees engaged in various activities like loading, unloading, movement of raw materials, gardening, guest house maintenance, watch and ward, housekeeping, cleaning, civil construction, repairs of buildings, erection, repairs, and maintenance of machinery, plant, equipment, furniture, fixtures, either directly employed by the principal employer or through a contractor are covered.
If contractors' employees are engaged in any work outside the factory or establishment premises, supervision by the Principal Employer or his agent is necessary for their coverage.
Even paid Directors of a company are considered "employees" if they receive a salary not exceeding Rs. 10,000/- per month. However, proprietors and working partners receiving a salary are excluded from coverage.
Part-time employees employed on a contract of service are also considered employees.
Regards,
Jaleel
From India, Bangalore
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Dear All Can anybody let us know that the DLC office address in Gurgaon (Haryana) Now i want to file under various act returns etc... can any body help for the same.. Tara Chand Sr. Exe-HR
From India, Delhi
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From India, Delhi
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Dear Tara Chand,
The office of the Deputy Labour Commissioner, Gurgaon (Circle - 1 & 2), is situated near PWD Rest House and opposite Commissioner's Office. In my understanding, only one half-yearly return (Form 20) is to be submitted by the contractor covered under the Contract Labour (R&A) Act, 1970, and the Haryana Rules made thereunder. The DLC is also working in the capacity of Licensing Officer under this Act, and thus we are not required to file returns under various Acts with this office.
R.N.KHOLA (LL&IR)
Welcome Skylark Associates
From India, Delhi
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The office of the Deputy Labour Commissioner, Gurgaon (Circle - 1 & 2), is situated near PWD Rest House and opposite Commissioner's Office. In my understanding, only one half-yearly return (Form 20) is to be submitted by the contractor covered under the Contract Labour (R&A) Act, 1970, and the Haryana Rules made thereunder. The DLC is also working in the capacity of Licensing Officer under this Act, and thus we are not required to file returns under various Acts with this office.
R.N.KHOLA (LL&IR)
Welcome Skylark Associates
From India, Delhi
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Hello All,
I need advice from you. I am now a regular employee of an IT Company (Noida) where I was a contractor (on 3rd Party Payroll in GGN) until March 2016. My Full and Final settlement is pending from my 3rd Party Company in Gurgaon for the last 5 months, and they are not responding to me regarding when I'll receive it or if I will receive it at all. I have my relieving letter and previous salary slips from my time on 3rd party payroll. I have raised this issue with my current employer, but no progress has been made. Please advise me on what can be done.
Thanks,
Richa Goel
an IT Employee
From India, Delhi
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I need advice from you. I am now a regular employee of an IT Company (Noida) where I was a contractor (on 3rd Party Payroll in GGN) until March 2016. My Full and Final settlement is pending from my 3rd Party Company in Gurgaon for the last 5 months, and they are not responding to me regarding when I'll receive it or if I will receive it at all. I have my relieving letter and previous salary slips from my time on 3rd party payroll. I have raised this issue with my current employer, but no progress has been made. Please advise me on what can be done.
Thanks,
Richa Goel
an IT Employee
From India, Delhi
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