My brother join a tours and travel company 4 months back on a contract basis.the company takes school childrens on one day picniks and small tours. some of the employment terms were as follows:
1. he is appointed on a per day basis. which means he gets paid for the days he attends and the tours he undertakes for Rs500/per day
2 His first month salary will be paid after a completion of the first working year. ie after 12 months
Some days the company calls my brother for work at 11 pm and disperses him next day between 6-8 pm,(19-21 hrs) other days he is to reach the office at 5:30 am in the morning(12 to 14hrs). some days the tours involve continious work of more the 2- to 3 days at a stretch.
Now here is my question:
1. is my brother entitled to an overtime?
2. the company deducts Rs1500/- for a leave where as they are just paying him Rs 500/- perday. penalty is 3 times the actual payment. Is this legally permitted??
3. the company refuses to handover the emplyment contract or even a copy of the same to my brother. Does my brother have a right to ask for a copy of the same??
4. which authority can we report to regarding fraudulant employment practices?
5. My brother after working like a dog for company hasnt been paid a dime for the past 2 months. his entire salary have been deducted in penalties. is this legally permissible?
6. If he leaves his job now, is he entitled to the first month salary that the company has retained (to be paid after 12 months of job)
7. Any other advice that could help my case.
Thanking in advance
Tasha
