I want to know if an employer does not give someone a salary on the payroll for more than eight to ten years and does not provide any facilities such as a provident fund, etc., can the employee claim compensation through government authorities by filing a written complaint for not receiving these benefits for such a long time? This is a significant issue today as many employers are not paying salaries on the payroll to their employees.
From India, Chandigarh
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From India, Chandigarh
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How will you prove that you are entitled to your salary? Was your name on the muster rolls of the company, along with the others? Only in such a case will you be able to fight with the company. All you have to do is approach the government labor office in your area and seek their guidance on the matter.
From India, Mumbai
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286From India, Mumbai
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Is there still bonded labour practice, difficult to believe, or is it a hypothetical situation. In case this is a real issue, then this will be highly sensational, and the Supreme Court/High Courts are not likely to make any delay in taking appropriate action once it is brought to their notice. Article 23 of the Constitution of India prohibits forced labour, and the Supreme Court has acted swiftly and categorically in such matters in the past. The remedy under labour laws is there, but approaching the constitutional court would be the faster and effective remedy. NGOs like PUDR, PUCL have made a name in this field of litigation.
From India, Mumbai
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From India, Mumbai
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Dear friend,
You are raising a significant concern. Are you certain that some employees have not received their salaries for the last 10 years and have left without compensation? If so, please gather all the necessary details and present the case clearly in accordance with labor laws.
From India, Arcot
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You are raising a significant concern. Are you certain that some employees have not received their salaries for the last 10 years and have left without compensation? If so, please gather all the necessary details and present the case clearly in accordance with labor laws.
From India, Arcot
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dear gopinath ji received salary but in cash mode without any kind of facility like esi and provident fund, what we can do in this case.
From India, Chandigarh
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From India, Chandigarh
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If an employee doesn't get his salary for 2 months, he starts making a hue and cry with the employer. How come after these many years you brought this issue on this platform? Your case is sensitive and will require lots of clarity on employment and documentary proof to make the case strong and genuine. Our seniors here can only give comments subject to the complete availability of information.
From India, Vadodara
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From India, Vadodara
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Can some body give details of NGOs like PUDR, PUCL to enable us to contact them
From India, Mumbai
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From India, Mumbai
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PUDR & PUCL have their web cites and information about them is available therein.
From India, Mumbai
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From India, Mumbai
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Dear friend,
Such a practice is quite ubiquitous and in vogue due to the heavy incidence of the unemployment problem in the organized sector. Unscrupulous employers make use of this to keep some employees off-rolls for years together, and the employees also remain tacitly patient under the hope of regularisation of their services one day or the other. This is an unfair labor practice on the part of employers as defined u/s 2(ra) read with the list at sl no.10 of Part-I of Schedule-V and prohibited u/s 25-T of the Industrial Disputes Act, 1947. But, being an accomplice to such a forbidden practice for years together for whatever reasons, how will you prove it later when you leave the job? An employer of an organized industry normally will have several unorganized supportive business ventures like shops supplying raw materials, transport facilities that are outside the purview of the social security legislations like EPF, ESI, PG Act, 1972 either in their own names or in the name of his/her relatives. You might not know actually where you were employed. It is very difficult to prove and get back all the due benefits you lost by instituting any sort of litigation.
From India, Salem
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Such a practice is quite ubiquitous and in vogue due to the heavy incidence of the unemployment problem in the organized sector. Unscrupulous employers make use of this to keep some employees off-rolls for years together, and the employees also remain tacitly patient under the hope of regularisation of their services one day or the other. This is an unfair labor practice on the part of employers as defined u/s 2(ra) read with the list at sl no.10 of Part-I of Schedule-V and prohibited u/s 25-T of the Industrial Disputes Act, 1947. But, being an accomplice to such a forbidden practice for years together for whatever reasons, how will you prove it later when you leave the job? An employer of an organized industry normally will have several unorganized supportive business ventures like shops supplying raw materials, transport facilities that are outside the purview of the social security legislations like EPF, ESI, PG Act, 1972 either in their own names or in the name of his/her relatives. You might not know actually where you were employed. It is very difficult to prove and get back all the due benefits you lost by instituting any sort of litigation.
From India, Salem
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I want to know if an employer does not provide any facilities related to the provident fund. After leaving the job, can the employee claim compensation through government authorities by filing a written complaint for not receiving these benefits for such an extended period, particularly after two years of leaving the job?
Thanks
From India
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Thanks
From India
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