Hello All,
I am working in a small organization with 34 employees, but this organization neither has registration in Shop & Establishment nor in PF. Also, it does not provide bonuses to employees. Please let me know why the labor law authority doesn't initiate penalties against such organizations where labor law rules are openly violated.
Regards,
Sachin
From India, Basti
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18I am working in a small organization with 34 employees, but this organization neither has registration in Shop & Establishment nor in PF. Also, it does not provide bonuses to employees. Please let me know why the labor law authority doesn't initiate penalties against such organizations where labor law rules are openly violated.
Regards,
Sachin
From India, Basti
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1. Sir, you have not mentioned in the remarks in what type of organization you are working. Whether it is a factory or an establishment?
2. Coverage under various labor laws is separate depending upon the provisions contained in said labor laws. If any establishment is coverable under any labor law, then it is to be covered from that date from which it engaged the minimum number of persons as required in said labor law.
3. In order to reduce complaints regarding "Inspector Raj," various governments including the central governments have imposed various conditions/restrictions on its officials regarding their visits to such smaller establishments. This may be one of the reasons that many times, the establishments succeed in non-implementation of various labor laws in their units. In case you deem it fit, you can take up the issue with various state labor concerning authorities including central labor enforcing authorities on the issue of the enforcement of various labor laws in your establishment, including laws relating to bonuses.
From India, Noida
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2. Coverage under various labor laws is separate depending upon the provisions contained in said labor laws. If any establishment is coverable under any labor law, then it is to be covered from that date from which it engaged the minimum number of persons as required in said labor law.
3. In order to reduce complaints regarding "Inspector Raj," various governments including the central governments have imposed various conditions/restrictions on its officials regarding their visits to such smaller establishments. This may be one of the reasons that many times, the establishments succeed in non-implementation of various labor laws in their units. In case you deem it fit, you can take up the issue with various state labor concerning authorities including central labor enforcing authorities on the issue of the enforcement of various labor laws in your establishment, including laws relating to bonuses.
From India, Noida
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Sir, our org is partnership firm engaged in trading business, plz clarify which part of labour law will be implement in our org,
From India, Basti
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From India, Basti
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Probably your organisation needs to registered under state Shops and Establishment Acts. Violation of labour laws can be brought to notice of laical labour authorities for necessary action.
From India, Pune
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From India, Pune
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Yes, sir,
Our organization should be registered under the Shop and Establishment Act, as well as with EPF and ESIC. Despite having 34 employees in our organization, there is no registration in either PF or ESI.
My question is, why are the labor law authorities sleeping while our organization openly violates the guidelines of labor law? None of the government authorities have taken any action against such organizations.
From India, Basti
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Our organization should be registered under the Shop and Establishment Act, as well as with EPF and ESIC. Despite having 34 employees in our organization, there is no registration in either PF or ESI.
My question is, why are the labor law authorities sleeping while our organization openly violates the guidelines of labor law? None of the government authorities have taken any action against such organizations.
From India, Basti
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"My question is, why is the labor law authority sleeping while our organization openly violates the guidelines of labor law?
Do not worry about why the labor officer is sleeping. Be bold enough to take discreet action by writing to the labor officer. Remember, your company will not like it. If PF is not being provided, go to the nearest EPF office and file a complaint. The same applies to ESIC. Take bold but discreet action as you see fit."
From India, Pune
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Do not worry about why the labor officer is sleeping. Be bold enough to take discreet action by writing to the labor officer. Remember, your company will not like it. If PF is not being provided, go to the nearest EPF office and file a complaint. The same applies to ESIC. Take bold but discreet action as you see fit."
From India, Pune
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Mr. Anonymous,
When your organization has not approached the labor law authorities for registration and no one else has reported about its existence, do you expect that the existence of your organization should automatically come to the attention of the labor law authorities, unless someone brings it to their knowledge about violations of labor laws?
So, if you find yourself in an awakened state, why don't you take the initiative to wake up the sleeping labor law authorities by providing complete details of violations of labor laws by your organization? You should not expect that unconcerned others should awaken the authorities on behalf of an anonymous person without knowing the name of the organization, place, and incidents of violation, even when the very concerned person (yourself) doesn't have the courage to report the incident to them.
BETTER TAKE SOME INITIATIVE THAN PLAYING BLAME GAMES. The solution to your question lies in your own initiative.
From India, Delhi
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When your organization has not approached the labor law authorities for registration and no one else has reported about its existence, do you expect that the existence of your organization should automatically come to the attention of the labor law authorities, unless someone brings it to their knowledge about violations of labor laws?
So, if you find yourself in an awakened state, why don't you take the initiative to wake up the sleeping labor law authorities by providing complete details of violations of labor laws by your organization? You should not expect that unconcerned others should awaken the authorities on behalf of an anonymous person without knowing the name of the organization, place, and incidents of violation, even when the very concerned person (yourself) doesn't have the courage to report the incident to them.
BETTER TAKE SOME INITIATIVE THAN PLAYING BLAME GAMES. The solution to your question lies in your own initiative.
From India, Delhi
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Nowadays, Inspector Raj has been feeling sleepy due to the government's policy on promoting establishments and providing employment to unemployed individuals. If anyone is affected by the establishment policy, they can approach the authorities of the Labor Department for justice. The authorities will then intervene to ensure the implementation of labor laws.
From India, Hyderabad
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From India, Hyderabad
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Dear Mr. Sachin,
You have not given any information about yourself, nor have you informed us regarding the roles you are in. I now have concerns, and someone like me might attempt to assume that you are engaging in negative roles within the organization.
My advice to you may not bring you pleasure; instead, it aims to awaken both you and others who may be facing similar problems. After some time, there may be relief and a sense of professional comfort in the same place where you are currently working.
Since you are employed in this organization, instead of waiting for an inspector to come and take legal action, as a paid member of the organization, you should proactively approach your Director. Make them aware of any violations of certain provisions which constitute offenses punishable by penalties and prosecution. Seek approval and go ahead with concrete actions.
If you are responsible for Labor Law compliance, prepare a document outlining the applicable provisions. Discuss these issues with the Director and obtain their acceptance and agreement on each matter. You will realize that many aspects of the recommended actions come with no additional cost, enabling you to take necessary steps.
Every home, city, country, and organization has areas that need improvement. It is up to us to seize this opportunity, create an action plan, and start implementing it.
We have all matured in this manner!
I discourage the idea of waiting for unwanted individuals to come and rectify the situation or for inspectors who come and go frequently.
Regards,
RDS Yadav
Director - Future Institute of Management and Technology
and
Labor Law Advisor
navtaranghrs@gmail.com
From India, Delhi
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You have not given any information about yourself, nor have you informed us regarding the roles you are in. I now have concerns, and someone like me might attempt to assume that you are engaging in negative roles within the organization.
My advice to you may not bring you pleasure; instead, it aims to awaken both you and others who may be facing similar problems. After some time, there may be relief and a sense of professional comfort in the same place where you are currently working.
Since you are employed in this organization, instead of waiting for an inspector to come and take legal action, as a paid member of the organization, you should proactively approach your Director. Make them aware of any violations of certain provisions which constitute offenses punishable by penalties and prosecution. Seek approval and go ahead with concrete actions.
If you are responsible for Labor Law compliance, prepare a document outlining the applicable provisions. Discuss these issues with the Director and obtain their acceptance and agreement on each matter. You will realize that many aspects of the recommended actions come with no additional cost, enabling you to take necessary steps.
Every home, city, country, and organization has areas that need improvement. It is up to us to seize this opportunity, create an action plan, and start implementing it.
We have all matured in this manner!
I discourage the idea of waiting for unwanted individuals to come and rectify the situation or for inspectors who come and go frequently.
Regards,
RDS Yadav
Director - Future Institute of Management and Technology
and
Labor Law Advisor
navtaranghrs@gmail.com
From India, Delhi
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