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Dear Seniors, Following are a few questions of mine request you to please give a revert.
1. I would like to know that what legal action can be taken against such companies who do not submit ESI, PF of employees.
2. Can we register FIR in Police Station when they steal the money from the common man.
3. Many Senior Managers Works for Human Resource but why most of the all managers fight for only the company, not for employee rights and benefits.

From India, Chandigarh
I would say-
1. If you want to complain for such companies then you can contact regional or city office of the concerned department.
2. You can not register an FIR for such cases in this way until unless you do not have proof.
3.HR managers are also the employees and they are to manage the human resources and work accordingly the employers.

From India, Lucknow
Dear Kashyap,

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

If Co. 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, ESIC contribution is being deducted by your Co. but not being submitted to respective authorities.

2. get your colleagues to support you and lodge complaints in your local ESIC and PF Commissioner office. Also, contact your local labour commissioner office.

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

About your 3rd questions - HR guys are also employees of the Co. They get salary from the Co. to carry out the Company's work. At most an HR guy can tell the management that they are following wrong employment practices, if the management chooses to ignore his advice he can't do anything. If he raises his voice against the management, they will remove him from his job. There is no legal/ Govt. protection to the HR guy for forcing his employer to follow labour laws, so don't blame the HR guy for following Management's decisions.

And remember, you don't need to depend on your HR to uphold your rights/benefits as an employee, the Govt. has formulated Labour Laws to protect/benefit employees, you can contact the labour commissioner if Company is not following labour laws.

Regards,

Ritesh Shah

From India, Pune
Dear Friends

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

One of my friend working in MNC company on Contractual basis from last 6 years and his age is around 30 but still salary is approximately same around 9 to 10 thousand. i just asked him after many years hw is going life n when u are going to marry he said "meri salary 10000 hai kya shadi karoon"

One another friend said my past company is not giving me PF no and i comes to know that they have not submitted the PF.

We all know there are many big companies, mnc, branded companies who hire employees on outsource but these companies and sr managers who are responsible to make policies they just use employees like stuff nobody bother them. when time comes for their appraisal contractor change company name.

most of the contracters do not submit ESIC and PF.

My issue to raise these questions is only just that why we senior manager make such polices which harras to a middle class man and why we just think about them who are earning in lacs and crores.

Regards

Kashyap

From India, Chandigarh
Dear Kashyap,

Greetings!!!

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

1. What is stopping your friend to change the contractor and bag a perm position ( or at least, he/she can go to a better contractor) with an experience of 6 years!! 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 low level of salary with 6 years of experience.

2. Having one's PF number is an easy exercise, now a days. It's available on line, and you do not need PF account details for registering and downloading your E Passbook o PF. Even if, that fails , one can always go to labour office of his/her area and register complaint, this can be done online, too.

3. If a contractor is not giving you due benefits, you must change your contractor. If you are good, you will find many contractors because there is scarcity of good people who are ready to work off rolls. If you are not good, you can not 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 qualification and how fast you learn in order to climb the ladder. People are earning in lakhs today, because yesterday they have put in greater efforts and by virtue of that they have rendered themselves indispensible for organization. You tell your friends to become indispensable for their respective organizations and see the change in their perspective.

From India, Delhi
Dear Sir,
I am agree on most of the things which you have said but there are many consequences where such law and policy is just for name.
Nobody bother for future just want instant result in terms of money by hook n crook.
Regards
Kashyap

From India, Chandigarh
Dear Kashyap,
As the issues are coming under Social Security Act, the rules and regulation are very strong. An Employer has to pay any how. If not paying, the Department can take very strong action against the Employer.
No need to worry, just discuss with all the victims, collect all the written documents related to your issue and give a written complain to the Regional P.F.Office. After that, they will do, that should be done.

From India
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
Words of Chanakya : If village or any large group can be saved with the scarifies of one person than that person should scarifies for others.
But now today era for only one person (Owner of company or country's leaders ) whole community is suffering from harassment and living slaves life.

From India, Chandigarh
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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