•
Dear seniors,
Greetings of the Day!!!!!
I am looking forward for your help and support on some of the below points, that would be great help and support.
I am working in an organization where working hours are more, lunch break is less (20 minutes), no PF, Security money deposit. It’s a Retail Organization based @ Delhi
1-In my organization working hours are 10 hrs, with 20 minutes break. 6 days in a week. Is there any government policy on working hours and break time? If yes how to make complaint for the same, please let me know we don’t get any overtime for the same
2- In my last company I was paying PF but now in this company no PF is here. Is it legal? In my opinion my organization must deduct my PF. My organization size is above 200 Employees. Please help me on this matter
3- On the other hand when I have joined this company they took 15 days salary as security money deposit. Is it legal to take money from employees for Job? On the other hand If I leave the company with in 1 year I will not get security money deposit back, Is it Legal as per Government Law?
4- Only Holi Diwali we get close else we are open on 15 August & 26 January as well. No Government holidays. Is there any Government Policy on the same? We don’t get paid for these days as well
I need you all to help me on all the above points that would great help and support.
From United Kingdom, Ilford
Dear seniors,
Greetings of the Day!!!!!
I am looking forward for your help and support on some of the below points, that would be great help and support.
I am working in an organization where working hours are more, lunch break is less (20 minutes), no PF, Security money deposit. It’s a Retail Organization based @ Delhi
1-In my organization working hours are 10 hrs, with 20 minutes break. 6 days in a week. Is there any government policy on working hours and break time? If yes how to make complaint for the same, please let me know we don’t get any overtime for the same
2- In my last company I was paying PF but now in this company no PF is here. Is it legal? In my opinion my organization must deduct my PF. My organization size is above 200 Employees. Please help me on this matter
3- On the other hand when I have joined this company they took 15 days salary as security money deposit. Is it legal to take money from employees for Job? On the other hand If I leave the company with in 1 year I will not get security money deposit back, Is it Legal as per Government Law?
4- Only Holi Diwali we get close else we are open on 15 August & 26 January as well. No Government holidays. Is there any Government Policy on the same? We don’t get paid for these days as well
I need you all to help me on all the above points that would great help and support.
From United Kingdom, Ilford
Dear Harry,
As you work in Delhi, for working hours you should refer Delhi Shops and Commercial Act.
Against Q No. 1. Pls read the section 8 below:-
8. Employment of adults, hours of work.—No adult shall be employed or allowed to work
about the business of an establishment for more than nine hours on any day or 48 hours in any
week and the occupier shall fix the daily periods of work accordingly:
Provided that during any period of stock taking or making of accounts or any other purpose
as may be prescribed, any adult employee may be allowed or required to work for more than the
hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that
the aggregate hours so worked shall not exceed 150 hours in a year:
Provided further that advance intimation of at least three days in this respect has been given
in the prescribed manner to the Chief Inspector and that any person employed on overtime shall
be entitled to remuneration for such overtime work at twice the rate of his normal remuneration
calculated by the hour.
Explanation.—For the purpose of calculating the normal hourly wage the day shall be
reckoned as consisting of eight hours.
Ans 2. In case your basic pay is less than Rs. 6500 it's mandatory for your employer to deduct PF. As salaries in Delhi has risen purview of EPF limit of Rs. 6500 hence many of the employers have exempted their employees from PF deductions.
Ans. 3. This is illegal. No law states for security deposit or holding salaries if not completed tenure of an year.
Ans. 4.You work in retail industry therefore business comes on holidays and weekends. if shop is in mall it may be opened for 365 days if it's in a street or a market it must be closed on holidays such as 15th Aug, 2nd Oct. In case your employer calls you for duty on these days either he should give you a day additional salary (twice of the original amount for a day) or a day of compensatory off in lieu of that.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
141As you work in Delhi, for working hours you should refer Delhi Shops and Commercial Act.
Against Q No. 1. Pls read the section 8 below:-
8. Employment of adults, hours of work.—No adult shall be employed or allowed to work
about the business of an establishment for more than nine hours on any day or 48 hours in any
week and the occupier shall fix the daily periods of work accordingly:
Provided that during any period of stock taking or making of accounts or any other purpose
as may be prescribed, any adult employee may be allowed or required to work for more than the
hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that
the aggregate hours so worked shall not exceed 150 hours in a year:
Provided further that advance intimation of at least three days in this respect has been given
in the prescribed manner to the Chief Inspector and that any person employed on overtime shall
be entitled to remuneration for such overtime work at twice the rate of his normal remuneration
calculated by the hour.
Explanation.—For the purpose of calculating the normal hourly wage the day shall be
reckoned as consisting of eight hours.
Ans 2. In case your basic pay is less than Rs. 6500 it's mandatory for your employer to deduct PF. As salaries in Delhi has risen purview of EPF limit of Rs. 6500 hence many of the employers have exempted their employees from PF deductions.
Ans. 3. This is illegal. No law states for security deposit or holding salaries if not completed tenure of an year.
Ans. 4.You work in retail industry therefore business comes on holidays and weekends. if shop is in mall it may be opened for 365 days if it's in a street or a market it must be closed on holidays such as 15th Aug, 2nd Oct. In case your employer calls you for duty on these days either he should give you a day additional salary (twice of the original amount for a day) or a day of compensatory off in lieu of that.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
Dear Umesh,
Thanks for your all help and support. But can you please clarify Question 4 in more precisely.
I work in Head Office and we get only 2 National Holidays (Holi & Diwali). We do not get paid for rest of the National Holidays. What if the Organization do not give National Holidays to Employees. How many days leaves company have to give ( as per Govt Rule). Where to make Complaint for the same if Organization is neither giving holidays nor Pay (Extra).
For Question no. 3- Please let me know where to make complaint for this.?
Thanks for help and support.
Warm Regards
Harry
From United Kingdom, Ilford
Thanks for your all help and support. But can you please clarify Question 4 in more precisely.
I work in Head Office and we get only 2 National Holidays (Holi & Diwali). We do not get paid for rest of the National Holidays. What if the Organization do not give National Holidays to Employees. How many days leaves company have to give ( as per Govt Rule). Where to make Complaint for the same if Organization is neither giving holidays nor Pay (Extra).
For Question no. 3- Please let me know where to make complaint for this.?
Thanks for help and support.
Warm Regards
Harry
From United Kingdom, Ilford
Dear Harry,
In general I guess there are five major holidays, Holi, Diwali, 15 Aug, 26 Jan & 2 Oct in Delhi. Forf exact details pls refer Delhi Shops and Commercial Establishments Act. For all these a complaint may be made to Labour Enforcement Officer of your location. As Delhi is divided in Four region East, North, South and West hence you should consult your area's labour enforcement officer. Be ensure that your job is safe after you make a complaint. As this may have reaction of your employer against you.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
In general I guess there are five major holidays, Holi, Diwali, 15 Aug, 26 Jan & 2 Oct in Delhi. Forf exact details pls refer Delhi Shops and Commercial Establishments Act. For all these a complaint may be made to Labour Enforcement Officer of your location. As Delhi is divided in Four region East, North, South and West hence you should consult your area's labour enforcement officer. Be ensure that your job is safe after you make a complaint. As this may have reaction of your employer against you.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
There are plenty of Acts and Rules enacted by the Government. Problem arises when the implementation does not happen with sincerity. Entirely due to exploitation by employers, such rules have been enacted by the Government. However, the Labour Department of the same Government can also compromise by taking money from the Employers and ignore Safety, Compulsory Holidays, Stipulated working hours, exploitation of labour etc. You can always lodge a complaint with labour department but then it is possible you may become the first victim as well.
So, think and act prudently; take help from external agencies or a group of employees can sit with senior management and make them understand what they are doing is unlawful and they should implement the rules keeping in mind the welfare of employees, which will be a good motivating factor for them to continue in your organisation. These days awareness levels of employees have gone up appreciably, thanks tot he advent of information technology, world wide web facilities etc. Therefore, managements cannot ignore the need of the employees or else they will fast losing them.
Best wishes
From India
So, think and act prudently; take help from external agencies or a group of employees can sit with senior management and make them understand what they are doing is unlawful and they should implement the rules keeping in mind the welfare of employees, which will be a good motivating factor for them to continue in your organisation. These days awareness levels of employees have gone up appreciably, thanks tot he advent of information technology, world wide web facilities etc. Therefore, managements cannot ignore the need of the employees or else they will fast losing them.
Best wishes
From India
Sir,
I am looking forward for your help and support.
I am working in MNC (SEO) it is US based company. In this company they are deducting training fee amount total 30,000/-(thirty thousand rupees) each month 25000/-(two thousand five hundred rupees) deduct in my salary. When i joined they said that 18th month, 20th month, 24th month they give it back total amount 3 instalment to me and i put a sign in one normal document that it is a executive bond paper like reliving document type of paper. Now i finished 15 Months and i resigned also. Now i am eligible for that 30,000/- amount?. If i am eligible what i do further.
2. This company they did not provide offer letter Or Joining letter, salary slips, work experience letter. They provide only reliving letter that is also only two lines only(This is to certify NameXXXX has been relived from the service from the services of the company with effect from end of the day on Apr-10-2013. as Process Associate). This is help for my work experience i don't know what i so this is my first job. Please give me the details what i do next step.
From India, Hyderabad
I am looking forward for your help and support.
I am working in MNC (SEO) it is US based company. In this company they are deducting training fee amount total 30,000/-(thirty thousand rupees) each month 25000/-(two thousand five hundred rupees) deduct in my salary. When i joined they said that 18th month, 20th month, 24th month they give it back total amount 3 instalment to me and i put a sign in one normal document that it is a executive bond paper like reliving document type of paper. Now i finished 15 Months and i resigned also. Now i am eligible for that 30,000/- amount?. If i am eligible what i do further.
2. This company they did not provide offer letter Or Joining letter, salary slips, work experience letter. They provide only reliving letter that is also only two lines only(This is to certify NameXXXX has been relived from the service from the services of the company with effect from end of the day on Apr-10-2013. as Process Associate). This is help for my work experience i don't know what i so this is my first job. Please give me the details what i do next step.
From India, Hyderabad
Dear seniors,
I would like to modify the answers of Mr. Umesh to Qn 2 & 3 ad under -
Ans:2 - since he was a member of Epf & had not withdrawn the Balance, the new employer has to enrol him under the Act even if his salary is more than 6500 pm.
Ans: 3 - the company can always demand security money or bond legally and as a matter of helping the employee to meet the requirement, can deduct the amount from salary with consent. There is no illegality involved there.
Hope you will agree with me.
Rgds.
From India, Mumbai
I would like to modify the answers of Mr. Umesh to Qn 2 & 3 ad under -
Ans:2 - since he was a member of Epf & had not withdrawn the Balance, the new employer has to enrol him under the Act even if his salary is more than 6500 pm.
Ans: 3 - the company can always demand security money or bond legally and as a matter of helping the employee to meet the requirement, can deduct the amount from salary with consent. There is no illegality involved there.
Hope you will agree with me.
Rgds.
From India, Mumbai
Dear Friend Prem,
You need to go through my answers a bit carefully this time; you'll find my version with utmost clarity. Also, one may ask for signing an agreement but cannot hold salary of 15 days..this is illegal..and that too salary of 15 days not payable at all if not completed a period of one year is illegal again.
Regarding EPF query, I have mentioned what Organisations do to save from contributions payable to EPF. To abreast with more knowledge I wish to know which section of EPF & MP Act states that deduction of EPF is mandatory when leaving job from one employer and moving on to anther even if Basic pya of employee is above the prescribed ceiling. So far I know It's recommended by EPF authorities but not mandatory. EPF authorities too recommend to get your EPF transferred to a new employer and also recommend not to withdraw it.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
You need to go through my answers a bit carefully this time; you'll find my version with utmost clarity. Also, one may ask for signing an agreement but cannot hold salary of 15 days..this is illegal..and that too salary of 15 days not payable at all if not completed a period of one year is illegal again.
Regarding EPF query, I have mentioned what Organisations do to save from contributions payable to EPF. To abreast with more knowledge I wish to know which section of EPF & MP Act states that deduction of EPF is mandatory when leaving job from one employer and moving on to anther even if Basic pya of employee is above the prescribed ceiling. So far I know It's recommended by EPF authorities but not mandatory. EPF authorities too recommend to get your EPF transferred to a new employer and also recommend not to withdraw it.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
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