How and where to lodge a complaint against a employer

The establishment works for 6days/week or < 6days/week?

The work hours are 8/day and 48/week. Then there is capping on OT hours.

If employee workd for > 48 hours /week OT is applicable.

Thed OT is calcultaed as; { ( Monthly wages/26)=per day wages}, { ( Per day wages/8)= per hour wages}

OT is @ double wages.

Accordingly  you may calculate OT for 1 hour and check if it is =Rs.1000/

 

The company has termed OT as (ADJUSTEE) which is as per its internal language.

 

However each establishment has to submit registers ( might be allowed to submit self attested:  Manually/digitla or electronic mode) prescribed under State Shops & Estbs Rules framed under State Shops & Estbs Act, and have to mention work hours and OT, in these.

It shall be Karnataka  Shops & Estbs Act, Karnataka  Shops & Estbs Rules in your case.

 

If you are unwilling to accept increase in notice period, you may decline to accept it, in writing either by letter or by email from your npersonal and official email id, and mention that increase is not beneficial to you OR you may diplomatically write that ' How the change is beneficial to you' and request to explain so that you can dwell on it.

Shops & Estbs Act is a state subject and Karnataka  has granted exemption to IT/ITeS companies from standing orders.

Some acts of state of Karnataka and some clause of Karnataka Shops & Estbs Act are not employee friendly e.g; 

Karnataka Shops & Estbs Act; 

https://dpal.kar.nic.in/8%20of%201962%20(E).pdf

 

39. Notice of dismissal: (7) If under any other law or under the terms of an award, agreement or contract of service, any employee is entitled to a longer period of notice or to more favourable benefits that are provided in sub-section (1) or sub-section (3) the provisions of the said sub-sections shall have effect as if such period of notice and such benefits had been enacted in this Act. 

 

There are many IT/ITeSemployees union in Karnataka and other states and have affilliated with Trade Unions and have done a good job also.

For the larger interest of employees the unions can take up such matters.

The above are suggestions only and you may consult elders of the family, well wishers, unions and able Labor Law Consultant before you act or write on your own.

Let your counsels draft your representations.

 

 

 

 

Originally posted by : Santhosh
	I Santhosh Kumar working in a MNC company named (ThoughtFocus Technologies Pvt Ltd #506, 2nd, 3rd & 4th Floors, Landmark Complex, Vishwamanava Double Road, Kuvempu Nagara, Mysuru, Karnataka 570023 ) from past 3.9 years, In Night Shift. My Questions are : 1) My company has extended working hours from 9 hrs (8+1) to 10 hrs ( 9+1) and they said they will pay extra 1000RS for the etended time, After few days I got hike and they included the 1000RS (which they were paying for 1 hour extra) to my CTC. before getting hike they were including the 1000RS in payroll as (ADJUSTEE) but after the appraisal i do not see anything like that. 2) As per my company policy Notice period time is 45 days but now all of a sudden they sent out an Email saying ( Due to business requirements, the company has decided to increase notice period required to be served by exiting employees to 60 days from 45 days.This change in terms of employment will come into effect from June 15th 2016 and covers all existing employees of ThoughtFocus KPO. I am not much aware about the laws and human rights commission so can you please help me with this thank you so much Santhosh.. Process analyst Thoughtfocus Technologies Pvt LTD Mysore, Karnataka.

Companies cannot change any condition of service (like notice period) at the own whims. Such change of condition has to be notified to the employees in advance and it will be in force if both parties agree to such change. Simply sending an email and notifying the employee about a change in service condition is illegal and does not have any legal validity.

The email sent by company is arbitrary and does not ask for any acceptance/objections and may not amount to notice of change.

Although companies and its attorney's in Legal/Hr/line management are nown to claim that it is inserted in appointment letter that any change in T&C shall be acceptable to employee. 

Hi SIr

I am working for a company. I have been deputed to client location as a contractor. My job designation is Data Analyst and salary is Rs. 15080 ctc per month. After PF,ESI, Professional Tax deductions, I get Rs 11833 in hand. I have joined the company during August 2015. DUring joining, the notice period mentioned in my offer letter states that I have to serve 30 days of notice period before confirmation of employment and 60 days of notice period after confirmation. I have become a confirmed employee after completing six months.

My company hired new people for the same designation and for the same salary and deputed them to my client location as contrators. When I saw their offer letter, I was shocked to see that their notice period was just 14 days even after confirmation. Recently, I got a job offer at another company and I decided to resign. My company is forcing me to serve 60 days of notice period. I am asking them to atleast be fair and make me serve 30 days of notice period at least. My client company, to which I am  deputed to is ready to relieve me within 30 days. They have been following up with my parent company to know when my last working day would be but they aren't even replying to their emails. This is not the first time that my parent company has behaved in such an unprofessional way. This has happened to former employees too who had been deputed to the above client location as contractors.

Please let me know if the company can do such a thing as to provide different durations of notice period to be served to employees working in the same designation and with the same salary. If not please let me know what action I can take against my parent company.

Hi Sir,

I am working for a company. I have been deputed to client location as a contractor. My job designation is Data Analyst and salary is Rs. 15080 ctc per month. After PF,ESI, Professional Tax deductions, I get Rs 11833 in hand. I have joined the company during August 2015. DUring joining, the notice period mentioned in my offer letter states that I have to serve 30 days of notice period before confirmation of employment and 60 days of notice period after confirmation. I have become a confirmed employee after completing six months.

My company hired new people for the same designation and for the same salary and deputed them to my client location as contrators. When I saw their offer letter, I was shocked to see that their notice period was just 14 days even after confirmation. Recently, I got a job offer at another company and I decided to resign. My company is forcing me to serve 60 days of notice period. I am asking them to atleast be fair and make me serve 30 days of notice period at least. My client company, to which I am  deputed to is ready to relieve me within 30 days. They have been following up with my parent company to know when my last working day would be but they aren't even replying to their emails. This is not the first time that my parent company has behaved in such an unprofessional way. This has happened to former employees too who had been deputed to the above client location as contractors.

Please let me know if the company can do such a thing as to provide different durations of notice period to be served to employees working in the same designation and with the same salary. If not please let me know what action I can take against my parent company.

Hi Sir,

I am working as a contractor at a client company of my parent company. The agreed upon working hours are from 9:30 am to 6:30 p.m. Monday to Friday, Saturday and Sunday being a fixed off. During a peak season, my client company where I am working as a contractor asked its employees to work on Saturdays as work volumes were high. The management informed the employees that they would be paid double of that day's amount if they work on saturdays provided they have worked from Monday to Friday. We being contractors were also offered the same deal by the then Senior Group Manager. The Senior Group Manager called all the contractors to a meeting room and requested us to come to work on saturdays. She also told us that she had spoken to the parent company and have come to an agreement to pay us double of the day's salary if we work on saturdays to which all the contractors agreed.

After a couple of months the Senior Group Manager left the organization and a new Senior Group Manager was appointed. She decided that since the team members(Permanent employees) of the company(client company) decided not to work on saturdays and instead work for an hour extra daily i.e. from 9:30 am to 7:30 pm, she cancelled the Saturday working plan and also told that we would not be getting any amount extra for working for an hour extra daily.

The new Senior Group Manager never discussed with the contractors separately and took a unanimous decision to which all the contractors were opposed to. Further, the client company made us work till 7: 30 pm everyday. This continued for 4 months even after the high work volumes were reduced. When we spoke to the HR team of the parent company about compensation for the extra hours of work, at first we were promised that we would be paid for the extra hours put in. Later they backtracked on their promise and told us that the senior group manager told that the team agreed for it.

The contractors never agreed for this change. We were not even consulted and we were made to work an hour extra every day for 4 months for which we didn't get any monetary compensation.

 

Please let me know what action can be taken against the company. 

Were you paid OT for full saturday working earlier?

Do you have salary slips?

The work hours are 8/day=48/week and above it OT is applicable.

Try by your owen efforts or thru employee's unions.

To,

Sub: - Non- Payment of Wages Complaint application

I Amitesh Sharan was working in a company named "Valiant Group (Valiant Developers Pvt. Ltd.)” in Noida. The office address is C-56A/10-11, Sec-62, opp Stellar IT Park, Noida-201301, UP). I worked there for 6Months; I am on the payroll of the Valiant Group. First 4 months was they are not giving salary on time. That company hasn’t paid my last two and half months’ salary till now and hasn’tcleared any document. I begged them please at least clear my dues and personally visited office more than 5 times but they are giving my Full and Final payment and as committed. I have a proof of that conversation with me. Not only me there are 3 more X-Employees who are in same condition and facing same trouble. 

I Request You All Too Kindly Help Me.

Treat This Has Most Urgent and Help Us. Waiting For Your Response.

My Email Id:amiteshsharan@yahoo.com

Originally posted by : Amitesh
	To, Sub: - Non- Payment of Wages Complaint application I Amitesh Sharan was working in a company named "Valiant Group (Valiant Developers Pvt. Ltd.)” in Noida. The office address is C-56A/10-11, Sec-62, opp Stellar IT Park, Noida-201301, UP). I worked there for 6Months; I am on the payroll of the Valiant Group. First 4 months was they are not giving salary on time. That company hasn’t paid my last two and half months’ salary till now and hasn’tcleared any document. I begged them please at least clear my dues and personally visited office more than 5 times but they are giving my Full and Final payment and as committed. I have a proof of that conversation with me. Not only me there are 3 more X-Employees who are in same condition and facing same trouble.  I Request You All Too Kindly Help Me. Treat This Has Most Urgent and Help Us. Waiting For Your Response. My Email Id:amiteshsharan@yahoo.com

Send them a notice/ legal notice through registered post and demand the outstanding salary. If they do not pay, you can proceed towards recovering of wages through legal procedure.

@ Amitesh,

The isseu has been discussed in detail in this thread.

By a careful reading you would whom to approach and what to write.

You may submit a final communications addressed to good offices of appointing authority,MD under proepr acknowledgment and ask to supply all pending documents and payments by Redg. Post so as to reach you in say within next 3 days.

Thereafter approach your able counsel and proceed further.

Dear Sir, My name is Sharad Srivastava, curently i am working in SMERA Ratings Ltd. New Delhi, as a Executive Analyst. Sir, i had resigned on 1st july 2016 from my current position, my notice period is of 60 days, so my last working day will be 29 August 2016. However, as per company policy also states that if employee work more than one year than his/her notice period would be of 60 days. My company pays salary every month last date, so everybody received their salary on 28 july 2016. Except me becouse HR forget to prepare my salary. I am following since from 28 july 2016, but they replied that your salary is in process, but actually they harries me financially and mentally. They try to keep my salary and try to make a fool. So i am requesting you that please take a strict action against my company. I have all record which proves that i am innocent. Thanks SHARAD SRIVASTAVA 9958995045 HR Head - Mr. Josey John -02267141173 Sr. HR - Mr. Parimal Kadam - 09819266470

Dear Sir, My name is Sharad Srivastava, curently i am working in SMERA Ratings Ltd. New Delhi, as a Executive Analyst. Sir, i had resigned on 1st july 2016 from my current position, my notice period is of 60 days, so my last working day will be 29 August 2016. However, as per company policy also states that if employee work more than one year than his/her notice period would be of 60 days. My company pays salary every month last date, so everybody received their salary on 28 july 2016. Except me becouse HR forget to prepare my salary. I am following since from 28 july 2016, but they replied that your salary is in process, but actually they harries me financially and mentally. They try to keep my salary and try to make a fool. So i am requesting you that please take a strict action against my company. I have all record which proves that i am innocent. Thanks SHARAD SRIVASTAVA 9958995045 HR Head - Mr. Josey John -02267141173 Sr. HR - Mr. Parimal Kadam - 09819266470

Has the salary slip been supplied to you?

Has the salary slip and salary not been supplied to you, immediately after the complaint also?

Have you downloaded the attendance record?

 

You may lodge complaint with:

 

Employee's Unions/Trade Unions,

 

Inspector appointed under Shops & Estbs Act,

 

Payment of Wages Act....................

 

Employer can be penalized /instance for non payment of wages on usual/fixed day.

 

My friend has resigned from his current organization and would be joining a new company in about on 17th August. I had put on my resignation before one month, however HR and Management is not accepting it instead of that they are asking me to sign a legal affidavit in which it is written that I cannot join any organization to work. However I am serving the legally required notice period of 1 month from my side and have sent many reminder emails to management and HR. They have withhold my Salary and saying if I do not sign the affidavit they will not accept my resignation also. During joining they have taken 2 cheques amount of my salary of 2 months which if I leave the organization they are threatening to get it encashed. Please help me as they are not showing me company's policy also. What should I do. I have been stuck.

Write to MD under proper acknowledgment. If you are unable to resolve on your own approach employee's/trade union leaders. Prefer to proceed further under expert advise of a very able Labor Law Consultant.