Hi KeyGee,
As per the provisions of the Min. Wages Act, you would receive a DA hike of atleast twice a year (once in six months). As per the provisions of the act, even if the employer is paying you more than the min. wages, they ARE SUPPOSED to pay you the difference of hike in DA every YEAR.
Also it is unfair labour practice for a company to shift / transfer their employees through another vendor, and you can certainly raise this to the Labour department, as this job is of a permanent nature.
But the risk is that you would have an issue of even loosing the job, and fighting it in the court, as the company would play around by removing you from the contractor's roll also.
So, the only suggestion would be to meet your current employer, and inform him about this. If that does not work out, the only alternative is to approach the concerned labour department officials.
The min. wages payable to you as of now (w.e.f. 1st Apr 09 to 31st Mar 2010) is Basic - 2269 + DA 839/- p.m. You are currently paid more than the min. wages, and therefore, they would give you a justification as per another Supreme Court judgement which justifies such stand stating that even the gross wages paid is to be considered as min. wages.
However, as the company has not increased the min. wages for some time, you can only ask for the DA increase (every year of about 250 to 300 rupees per annum) to be paid to you.
If you are seeking for permanency you must be prepared to fight it out in the court.
From India, Bangalore
1As per the provisions of the Min. Wages Act, you would receive a DA hike of atleast twice a year (once in six months). As per the provisions of the act, even if the employer is paying you more than the min. wages, they ARE SUPPOSED to pay you the difference of hike in DA every YEAR.
Also it is unfair labour practice for a company to shift / transfer their employees through another vendor, and you can certainly raise this to the Labour department, as this job is of a permanent nature.
But the risk is that you would have an issue of even loosing the job, and fighting it in the court, as the company would play around by removing you from the contractor's roll also.
So, the only suggestion would be to meet your current employer, and inform him about this. If that does not work out, the only alternative is to approach the concerned labour department officials.
The min. wages payable to you as of now (w.e.f. 1st Apr 09 to 31st Mar 2010) is Basic - 2269 + DA 839/- p.m. You are currently paid more than the min. wages, and therefore, they would give you a justification as per another Supreme Court judgement which justifies such stand stating that even the gross wages paid is to be considered as min. wages.
However, as the company has not increased the min. wages for some time, you can only ask for the DA increase (every year of about 250 to 300 rupees per annum) to be paid to you.
If you are seeking for permanency you must be prepared to fight it out in the court.
From India, Bangalore
Dear
In Contract Employment Increment will be at the discretion of your Contractor.Pls make an appeal to your Contractor referring to the promise made by the principal employer.If he accedes it is ok .Otherwise when the Contract comes for renewal you negotiate.
VS Rajan Associates
Chennai
From India, Bangalore
In Contract Employment Increment will be at the discretion of your Contractor.Pls make an appeal to your Contractor referring to the promise made by the principal employer.If he accedes it is ok .Otherwise when the Contract comes for renewal you negotiate.
VS Rajan Associates
Chennai
From India, Bangalore
This is a popular loophole that Indian Pvt Sector companies lacking any sense of Corporate Governance, employ on a regular basis.
Putting people under a contractor not only reduces the head count, it also saves the company a lot of related expenses.
This is nothing but EXPLOITATION and a shame for our country's industrial standing. This is outright ILLEGAL under Contarct Labour (A&R) Act; and an UNFAIR LABOUR PRACTICE under I.D. Act. Unfortunately, this practice is much prevalent as Indian pvt companies don't practice Balanced Score Card; for them the only concern is the bottom-line in the P&L Account.
The law has to become more pro-active and must take suo-moto action.
Dear Sajid ji and Malik ji, I sincerely need your opinion on this. How can HR professional contribute to alleviate this problem? Kindly give your feed-back/view-points.
Regards.
From India, Delhi
Putting people under a contractor not only reduces the head count, it also saves the company a lot of related expenses.
This is nothing but EXPLOITATION and a shame for our country's industrial standing. This is outright ILLEGAL under Contarct Labour (A&R) Act; and an UNFAIR LABOUR PRACTICE under I.D. Act. Unfortunately, this practice is much prevalent as Indian pvt companies don't practice Balanced Score Card; for them the only concern is the bottom-line in the P&L Account.
The law has to become more pro-active and must take suo-moto action.
Dear Sajid ji and Malik ji, I sincerely need your opinion on this. How can HR professional contribute to alleviate this problem? Kindly give your feed-back/view-points.
Regards.
From India, Delhi
Dear V S Rajan Associates,
FYI this month 17th our HR person of principal employer insisted me to sign extension letter which says that I have agreed for Extension for three months from 01.06.2009 as per terms & conditions vide Contractor (Mafoi) Offer Letter dated 01.08.2007
So I have asked for Increment with HR of Principle Employer who was engaged me
and they told that at present it is is not possible. Also asked me to decide what I want to do. After three days under protest I Sign the Extension Letter due to my Financial situation to run a family and with out any source of Income. They also told that they will consider for Increment after six months if I continues even I should not take it as their assurance. This is the situation now.
Thanks & Regards
Kaygee1
Chennai
From India, New Delhi
FYI this month 17th our HR person of principal employer insisted me to sign extension letter which says that I have agreed for Extension for three months from 01.06.2009 as per terms & conditions vide Contractor (Mafoi) Offer Letter dated 01.08.2007
So I have asked for Increment with HR of Principle Employer who was engaged me
and they told that at present it is is not possible. Also asked me to decide what I want to do. After three days under protest I Sign the Extension Letter due to my Financial situation to run a family and with out any source of Income. They also told that they will consider for Increment after six months if I continues even I should not take it as their assurance. This is the situation now.
Thanks & Regards
Kaygee1
Chennai
From India, New Delhi
Dear Rajkumarji,
Your word clearly says that what was happening in Indian Industries exspecially in SW companies. Only HR persons and SW programmers are getting more and more every year
and those people working as support staff getting very less pay. Since they are indicating that we are non billable staff as a bluff. Their billing pattern clearly loading with all operating expenses and they are opening every year an another sub companies on the basis of profit. They should feel & realize that we are also working for company in various categories which entire support of their careers and fulfill their needs to also improve company growth. Government should take all this aspects and do something to private sector employees like me. All the like minded people will appeal the same to Government in future when ever this type of issue raises.
Thanks & Regards
Kaygee1
Chennai
From India, New Delhi
Your word clearly says that what was happening in Indian Industries exspecially in SW companies. Only HR persons and SW programmers are getting more and more every year
and those people working as support staff getting very less pay. Since they are indicating that we are non billable staff as a bluff. Their billing pattern clearly loading with all operating expenses and they are opening every year an another sub companies on the basis of profit. They should feel & realize that we are also working for company in various categories which entire support of their careers and fulfill their needs to also improve company growth. Government should take all this aspects and do something to private sector employees like me. All the like minded people will appeal the same to Government in future when ever this type of issue raises.
Thanks & Regards
Kaygee1
Chennai
From India, New Delhi
Sure Kaygee1. We empathise with your problem. I am hopeful that sooner or later, some amicable solution will come out. Meanwhile, be brave, keep working diligently and take care of your family.
Regards.
From India, Delhi
Regards.
From India, Delhi
Sure Kaygee1. We empathise with your problem. I am hopeful that sooner or later, some amicable solution will come out. Meanwhile, be brave, keep working diligently and take care of your family.
Regards.
From India, Delhi
Regards.
From India, Delhi
There is no law in India which give legality for supply of slaves. If your company is asking to sign a pay roll of manpower supply agency they are totally wrong and both your compnhy and manpower supply agency are liable for puishment under the law. You immediately inform labour commissioner,Ministry of Labour and employment, PMO office. Your courage to highlight such type of unfair labour practice will help other similarly employees who are being torchered/exploited. How you can get salary from your manpower supply agency and work for other company. Who will be your commanding authority to give you work for execution.
From India, Calcutta
From India, Calcutta
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