Dear Seniors,

Following are a few questions of mine. I request you to please give a revert.

1. I would like to know what legal action can be taken against companies that do not submit ESI and PF of employees.

2. Can we register an FIR at the Police Station when they steal money from the common man?

3. Many Senior Managers work in Human Resources, but why do most managers fight only for the company and not for employee rights and benefits?

From India, Chandigarh
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I would say:

1. If you want to complain about such companies, you can contact the regional or city office of the concerned department.

2. You cannot register an FIR for such cases in this way unless you have proof.

3. HR managers are also employees responsible for managing human resources and working according to the employers' guidelines.

From India, Lucknow
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Dear Kashyap,

If what you are stating is true, then these are serious problems.

If the company is not submitting PF and ESIC contributions, then this problem would not be limited to you; your colleagues would also be facing this issue. I would suggest the following:

1. Gather evidence that PF and ESIC contributions are being deducted by your company but not being submitted to the respective authorities.

2. Get your colleagues to support you and lodge complaints at your local ESIC and PF Commissioner offices. Also, contact your local labor commissioner's office.

I'm not very clear about your second question. What do you mean by "steal money"? If you are referring to PF and ESIC contributions only, then follow my above advice. If there are instances of excess/illegal deductions from salary, then contact the labor commissioner's office. If there are instances where they have actually stolen money from you, then you can go to the police.

Regarding your third question, HR professionals are also employees of the company. They receive a salary from the company to carry out the company's work. At most, an HR professional can inform the management that they are following wrong employment practices. If the management chooses to ignore this advice, the HR professional can't do anything. If the HR professional raises his voice against the management, they may remove him from his job. There is no legal/governmental protection for the HR professional to force his employer to follow labor laws. So, don't blame the HR professional for following the management's decisions.

And remember, you don't need to depend on your HR department to uphold your rights/benefits as an employee. The government has formulated labor laws to protect and benefit employees. You can contact the labor commissioner if the company is not following labor laws.

Regards,

Ritesh Shah

From India, Pune
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Dear Friends,

I would like to tell you that these questions are not related to me or to my company, but a few of my close ones are suffering from this and they are depressed and fed up with their life.

One of my friends is working in an MNC company on a contractual basis for the last 6 years, and he is around 30 years old, but still, his salary remains approximately the same, around 9 to 10 thousand. I just asked him after many years how life is going and when he is going to marry, he said, "meri salary 10000 hai kya shadi karoon."

Another friend said, "My past company is not giving me PF number, and I came to know that they have not submitted the PF."

We all know there are many big companies, MNCs, and branded companies that hire employees on an outsourced basis. However, these companies and senior managers who are responsible for making policies just use employees like objects, and nobody bothers about them. When the time comes for their appraisal, the contractor changes the company name.

Most of the contractors do not submit ESIC and PF.

My issue in raising these questions is only that why do senior managers make such policies that harass a middle-class man, and why do we only think about those who are earning in lakhs and crores.

Regards,

Kashyap

From India, Chandigarh
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Dear Kashyap,

Greetings!!!

Your question is related to emotional quotient, and I fail to see tangibility.

1. What is stopping your friend from changing the contractor and securing a permanent position (or at least, finding a better contractor) with 6 years of experience!! Is it the lure of working in an MNC or the fact that he/she is not able to rise above his/her own mediocrity? You must realize and accept that today is the age of competition, and to stay ahead, you must work harder and learn better. I would never select a person for any position who has such a low level of salary with 6 years of experience.

2. Having one's PF number is an easy exercise nowadays. It's available online, and you do not need PF account details for registering and downloading your E-Passbook or PF. Even if that fails, one can always go to the labor office of his/her area and register a complaint; this can also be done online.

3. If a contractor is not providing you with due benefits, you must change your contractor. If you are good, you will find many contractors because there is a scarcity of good people who are ready to work off rolls. If you are not good, you cannot demand better facilities; it is as simple as that.

4. As I said earlier, you are being emotional. Policies are made for everybody. Salary is just an outcome of your brilliance at work, consistent performance, academic qualifications, and how fast you learn in order to climb the ladder. People are earning in lakhs today because yesterday they put in greater efforts and, by virtue of that, rendered themselves indispensable for the organization. Tell your friends to become indispensable for their respective organizations and see the change in their perspective.

From India, Delhi
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Dear Sir,

I agree with most of the points you have made, but there are many instances where such laws and policies exist only in name. People often prioritize immediate financial gains through any means possible without considering the long-term consequences.

Regards,
Kashyap

From India, Chandigarh
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Dear Kashyap,

As the issues fall under the Social Security Act, the rules and regulations are very stringent. An employer has to pay regardless. If not paid, the Department can take strong action against the employer.

No need to worry, simply discuss with all the victims, gather all the relevant written documents related to your issue, and file a written complaint with the Regional P.F. Office. They will then take the necessary actions that should be taken.

From India
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Dear Teamgroup HR…

Whatever points you have mentioned above, I agree with you partially. In my point of view, yes you are right we have to wake up and fight against the harassment. But as said by Mr. Ritesh Shah in his point that voice against Management, will lead to termination from the job of HR & I agree with him. In that case what an individual employee will do? Now a days we cannot see any union or leader who will fight for employees and will also understand the grievances of employees that only HR alone will not be able to the entire system though they are aware about it..

My question is that, the person who suffers & has experienced the harassment only complains to authorize Person? If yes, what about others and what about his job security?

Is there any competent authority or officer who will put a raid on such companies which do not follow the rules as per the Act? And who will fine a huge amount for such kind of mistakes.. so neither HR have to fear to lose his / her job nor a single employee. So every employee will be saved from this kind of harassment. If such kinds of committees or authorities are there, kindly let us know about it.

Yes, even I know that there is no any such type of committee or authority but being a HR atleast we try to establish or put a recommendation to the Govt. for the same. Is it possible? I want your views…

From India, Pune
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Words of Chanakya: If a village or any large group can be saved with the sacrifices of one person, then that person should sacrifice for others. But in today's era, for only one person (owner of a company or a country's leader), the whole community is suffering from harassment and living as slaves.
From India, Chandigarh
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Dear Sahdev nowdays is biggest the problem with the youth that they don’t have knowledge about their rights if they have knowledge then they can do fight or demand for their rights.
From India, Patiala
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