BREACH OF EMPLOYMENT RELATED ACTS
N.J. MISHRA
(Querist) 06 May 2011
This query is : Open
PLEASE MEMBER KINLDY GUIDE ME:
OUR ORGANISATION IS AN INSTITUTION. IN OUR INSTITUTION APART FROM PERMANENT EMPLOYEE THERE ARE ALSO UNSKILLED WORKERS.
IN RESPECT TO UNSKILLED WORKERS I HAVE TO FOLLOWING QUERIES:
1. WHETHER UNSKILLED WORKERS ARE ENTITLED FOR PERMANENCY IN THE INSTITUTION BECAUSE THEY HAVE COMPLETED 240 DAYS OF EMPLYMENT. THE ORGANISATION HAS DONE ONLY SOCIAL SERVICE BY EMPLOYING THE LOCAL VILLAGERS TO DO CERTAIN SMALL JOBS SO THAT THEY CAN EARN THEIR LIVELIHOOD.
2. THE INSTITUTION WAS ONLY PAYING THEM THE SALARY IN CASH AND HAVE NOT MAINTAINED ANY RECORDS AND HAVE NOT PROVIDED ANY OTHER BENEFITS TO THEM LIKE PROVIDENT FUND, D.A., H.R.A., MEDICAL FACILITY, MATERNITY BENEFIT OR LEAVE BENEFIT.
4. GOVT. LABOUR OFFICER CONDUCTED INSPECTION OF OUR INSTITUTION AND HAS MADE A REPORT STATING THAT INSTITUTION HAS COMMITTED BREACH OF NUMBER OF RULES OF EMPLOYMENT RELATED ACT. AS WE TOLD HIM THAT THE THE INSTITUTION IS A TRUST AND THEREFORE EMPLOYMENT RELATED ACTS DOES NOT APPLY. FURTHER, HE STATED THAT SINCE THE INSTITUTION IS PAYING SALARY TO ITS EMPLOYEE AND ARE TAKING FEES FROM THE STUDENTS FOR PROVIDING THEM EDUCATION, IN THAT SENSE THE INSTITUTION IS NOT A TRUST BUT IT IS A COMMERCIAL ESTABLISHMENT AND HENCE THE INSTITUTION HAS COMMITTED BREACH OF NUMBER OF RULES OF EMPLOYMENT RELATED ACT.
NOW WE HAVE TO FILE OUR REPLY TO THE REPORT PREPARED BY LABOUR OFFICER, KINLDY GUIDE ME TO DEFEND OUR CASE.
