Hello CiteHR Anchors/ Members,
Please help me in below mentioned case.
My brother was working with one of the small pvt ltd logistics company.
They had offer him only 4000 PM Salary without any benefit under PF, ESIC etc nor given any offer letter.
After completion of 1month he quite the job & informed to respective members but they asked to serve the 15days notice period where due to health issue(since it was hardcore field job) he served for only 8days. But now they are not releasing him the salary & threatening.
My Questions are;
1) They do not produce the offer letter to their unskilled Employees, can we complain about it to Labour Commissioner?
2) They do not follow the Minimum Wages Act & Shop and Establishment Act for their unskilled / semiskilled Employees, what action can be taken against them & how?
3) My brother is not getting his salary, what can I do legally against them?
Please help me & guide me.
Thanking you all in Advance!!!
Regards,
Sarvesh
Executive-HR.
From India, Pune
Please help me in below mentioned case.
My brother was working with one of the small pvt ltd logistics company.
They had offer him only 4000 PM Salary without any benefit under PF, ESIC etc nor given any offer letter.
After completion of 1month he quite the job & informed to respective members but they asked to serve the 15days notice period where due to health issue(since it was hardcore field job) he served for only 8days. But now they are not releasing him the salary & threatening.
My Questions are;
1) They do not produce the offer letter to their unskilled Employees, can we complain about it to Labour Commissioner?
2) They do not follow the Minimum Wages Act & Shop and Establishment Act for their unskilled / semiskilled Employees, what action can be taken against them & how?
3) My brother is not getting his salary, what can I do legally against them?
Please help me & guide me.
Thanking you all in Advance!!!
Regards,
Sarvesh
Executive-HR.
From India, Pune
The fault is not with law but with the person who handles it. There are a lot of opportunities available to the aggrieved employees. Let him meet the Labour Department, not necessarily the Labour Commissioner who will be placed at the State Capital, but the District Labour Officer or even the Asst. labour Officer and lodge a complaint. They will take care of it.
Regards,
Madhu.T.K
From India, Kannur
4250Regards,
Madhu.T.K
From India, Kannur
Hi,
I suggest you to get some documentary evidence with regard to the employment of your brother. Before you file a case on the Management, please ensure you have the following details:
Murali
From India, Chennai
I suggest you to get some documentary evidence with regard to the employment of your brother. Before you file a case on the Management, please ensure you have the following details:
- what are the terms & conditions of employment?
- which category of employment was your brother considered for?
- If there is an evidence (appt letter), then does it specify notice period or pay inlieu thereof.
Murali
From India, Chennai
Dear Murali Sir,
They did not issue him any offer letter or appointment letter nor they informed anything on employement to him as well as no documentation at alll.
They just inform him that he will be a contractual employee. Please guide.
Regards,
Sarvesh
From India, Pune
They did not issue him any offer letter or appointment letter nor they informed anything on employement to him as well as no documentation at alll.
They just inform him that he will be a contractual employee. Please guide.
Regards,
Sarvesh
From India, Pune
Hi Sarvesh,
I understand that it is very unprofessional on behalf the company. By not issuing any letter shows how unethical the company is. In such an event, it would be difficult to prove the employment with company to proceed legally.
I advise your brother to drop legal claims and approach the Management politely for his dues.
Regards
Murali
From India, Chennai
I understand that it is very unprofessional on behalf the company. By not issuing any letter shows how unethical the company is. In such an event, it would be difficult to prove the employment with company to proceed legally.
I advise your brother to drop legal claims and approach the Management politely for his dues.
Regards
Murali
From India, Chennai
The matter relates to an employee who is paid a very less amount as remuneration. It is implied that there would not be any appointment order. The Labour Department is for the workers and the officers concerned do not insist on appointment orders as proof of employment. After all, the responsibility of issuing appointment order to an employee is with the employer. Therefore, I don't thing that there will be any legal hindrance to move against the employer.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Good Evening Murali Sir, What will be the Legal Claim Process & how it can be followed? Please guide. Regards, Sarvesh
From India, Pune
From India, Pune
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