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abhaybandekar
70

Kashyap has really opened out a very good subject of non-payment of ESI, PF to authorities. This is a straight case of robbery and when caught, few bugs can be thrown as penalty, and depositing the utilised money for a many many months/years, into govt treasury.
I would like to add a Question here : If any Company deducts One day or Two Day Wages, from Employee's salary, in case of natural calamity like floods or earthquakes, and do not handover these monies to Govt treasury.. is there any penalty !!

From India, Mumbai
pkmbgr13@gmail.com
44

With reference to the communication between my friends Ritesh and Vibha, I would like to share that, both are correct in their logic. We all have experience on this topic, we know what happen when Employees start Voicing. Definitely it affects the HR first. In most of the cases we have seen HR suffers whether he is responsible for the problem or not. Every issues related to Manpower comes near HR first. As a result, bot the Employee and Employer start to accused the HR. I agree...
I mean to state that, who ever it may be, whether the HR or any Senior Employee of the Organisation or the Occupier himself should be penalized, as they have played with the hope and trust of Employees.
Thank You...

From India
kashyapsahdev@yahoo.com
6

Mr Parveen Ji,

I think you have not read the thread properly, here it is not question of any rights but we are talking about the partiality between employee and employer.

I want to give example : When a normal man if caught while snatching money or bag purse than we will not ask him why u did that, but immediately first we give him a big slap and after that we will handover him to police and than police will h arras him extra whether it is question of small amount of Rs 100.

Another side when these employer eat money of PF and ESI in lacs of comman man than comman man just can go to the Labour Court, where he has not much time to think about this to fight cases.

I also would like to share one thing that here there would be many labor law expertise who must be consulting the both to employee who is victim and employer who wants to earn money anyhow.

I just want to make line that our law maker, law protector and law executor must have only one aim to fight in right direction in honest way like doctor have one aim to save his patient.

Regards

Kashyap

From India, Chandigarh
Ankur0031
7

Mr Kashyap,

You can ask your friend to contact the local EPFO (Employee Provident Fund Org)'s local office with his salary slips which shows deduction towards provident fund and file a complaint against his employer. The department will take care of the rest. It is illegal for any company to be engaged in such an act as mentioned by you. In the meantime you should also ask your friend to look for another job as well. If he is not satisfied with his current job, then the market is always open with vacancies coming up for different companies in different sectors.

With reference to the last part of your question, ‘Many Senior Managers Works for Human Resource but why most of the all manager fight for only company not for employee rights and benefits.’

The management reacts to any situation depending on case-to-case scenario. We can’t deny the fact that how much senior the manager is, he/she is also an employee of the company, more answerable to management than employees and will manage the affairs in company’s interest. Depending upon the situation, managers may change their course of action as per employee’s demands, requests and suitability but they have to think from different point of views (employer’s and employee’s) and consider its overall impact on the system before implementing any decision. A senior HR person in any company acts as a link between senior management and operational teams. His success depends how he manages to improve employee satisfaction within his company without giving any impact to his employer. However, if there is incorrect policy or practice in the company, it becomes his responsibility to rectify the things and justify his actions with strong reasons.

At the end of day its a ‘REASON’ that can justify the actions taken by management or an employee to survive and progress professionally.

From India, Gurgaon
saswatabanerjee
2392

Nice quote

So why don't you or your friend sacrifice their career and earnings for the betterment of the community ? It's easy to say. Do and see how it works. Who today is going to risk losing his job and livelihood for you ?

Have you or your friends tried complaining to the authorities ? The pf and esic departments take immediate action on complains of short payment or non payment. In view of RTI, today they are also to willing to sweep complains below the carpet.

Mac mostly are very careful about compliance. They ensure that the contractors pay pf and esic on time. So, I find it difficult to believe that mnc in general are "stealing your money"

You are crying about your friend who gets only 10,000 per month. What is his work ? What's his skill set ? What's his educational qualification ? If for example, he is a material handler whose job is to move material trays from one assembly line to another, do you think he will get more than 10k per month ? If he has skills that are in demand, why has he not changed his job ? Why not try in another city. I met a couple of welder so working in a large factory through a contractor. Know what ? They are getting 8 times of minimum wages. Know why ? Because they have skills that they learned. / developed that makes them valuable.

The last grouse you seem to have is against mnc working through contractors. We'll this is a system that is going to stay. You have no choice there nor I. Companies will continue to move non critical / non core work to contractors. That is a part of their efficiency cycle.


From India, Mumbai
kashyapsahdev@yahoo.com
6

Mr. Banerjee ji
It seems that you are agree with the people who do such wrong things and believe in such activities, this thing can be relies only by those person who face such problems.
For your kind information two cases of non submission of PF of my close one is already going on in labor court. This will go also.
I want to tell you that every person does not have same opportunity like Delhi, Mumbai, Banglore where you leave job today and get tomorrow and it also not possible that everyone's family circumstances would be the same, there are many family problems where circumstances does not allow person to move other city for better opportunity.
Regards
Kashyap

From India, Chandigarh
saswatabanerjee
2392

Well, there are similar cases of pf non submission going on against kingfisher which will take a long time too. However, I would like to know more about cases your close ones are fighting. If the company is defunct or not in a position to pay, it's a different matter. In other cases, cases of nonpayment of pf gets resolved quickly as the pf department gets orders to attach property, freeze bank accounts etc. The cases get prolonged if the cases are not clear cut and there is ambiguity or dispute on facts of the case. I just got an update of a case where Supreme Court ordered reinstatement of a worker dismissed 34 years back. So any case which gets stuck in our courts will drag in almost for ever.

You still have not told me the qualification of the person or what work he is doing.

The company will pay market rates. That rate is dependent on the place where the factory is. The reason why companies set up factory in backward areas is to get cheaper manpower. So if the salary generally offered in an area is low, the company will not pay higher, nor will hr department recommend it. Millions of our workers work at minimum wages level and manage their lives accordingly. So if your friend / relative can not move from this location where salary is low, then he will have to live and manage within that. Complaining, crying or getting angry with hr department and the company solves nothing. Even the largest companies set up plants in such areas to get lower cost. They will not increase a persons salary unless general wages increase.


From India, Mumbai
teamgrouphr
107

Dear Vibha,
Greetings!!!
There is already a forum. You just have to go to the labour officer of your area, you can even file a complaint anonymously. Labour officers are almost waiting for such complaints, once the complaint is made, you can just watch the proceeding. They are empowered with freezing company's accounts, attaching properties and even attaching personal accounts of owners.

From India, Delhi
vibha.ghavi
2

Dear Sir / Madam, Thank you very much for the Information. I would be eager to approach the Forum in case of any obstacle arises at work place. Regards, Vibha
From India, Pune
abhaybandekar
70

My Question remains unanswered : If any Company deducts One day or Two Day Wages, from Employee's salary, in case of natural calamity like floods or earthquakes, and do not handover these monies to Govt treasury.. is there any penalty / or any authority whom one can approach.
From India, Mumbai
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