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No employee benefit given by the employer

(Querist) 15 March 2013 This query is : Resolved 
Dear sir
Greetings
I am working in dental college in Ghaziabad ,UP since past 6 yrs. We are given only casual leave, no earn leave , no medical leave, no provident fund, no health care benefit etc. Salary is also fixed by the college. They do not follow the UGC guidelines for salary. Because of their dominant position due to money and political power we are at the disadvantage. We are forced to sign affidavit every year before inspection by Dental council of India that we are getting salary according to UGC. I request you to kindly advise me about my rights and what shall i do.
Devajyoti Barman (Expert) 15 March 2013
This is a serious irregularity.
Do file Writ petition in the high court as soon as possible.
Guest (Expert) 15 March 2013
Lead will have to be taken by some of you. If not all, some of you may bring the matter to the notice of the UGC about non payment of the grade pay and other permissible benefits to the employees and forcible signing of affidavit just to hoodwink the UGC authorities. UGC grants are subject to the condition of service benefits equivalent to the Government employees to be allowed by the institute.
Raj Kumar Makkad (Expert) 15 March 2013
One cannot win war based upon others. Come openly in the fray and get the desired results. Political links shall not work in complying with the statutory rules. You should make a complaint to EPF authorities about non compliance of its rules in your institution including a complaint to labour inspector and authorities meant for the compliance of UGC rules which includes proper salary, leave entitlement and all other facilities.
Adv k . mahesh (Expert) 15 March 2013
if you have the affidavit copy and also any copy that shows that you are working since 6 years then you can give a detailed letter to the labour department and UGC authorities as a group of employees but no one but all of them should sign that letter and submit because you have every right to get that benefits (submit letter with acknowledgement)

even after that the authorities are not taking any step then go for legal course
Sudhir Kumar, Advocate (Expert) 17 March 2013
by filing such affidavit you are losing right to prove that you are not getting fair salary.

However you can file complaint of non-compliance of EPFO. There is nothing in EPF Act 1952 which can save you for being terminated.

However if interested way can be show to you to get the PF machinery moved effectively.
Dr.Shambhu Sharma (Querist) 17 March 2013
Thanx to everyone for opinion. But taking extreme step i may loose the job as well. So please let me know about the chances of losing job as there is problem now demand and supply. Supply is more and demand had become less.
Raj Kumar Makkad (Expert) 18 March 2013
Demand of EPF is your right and this right is duly protected by EPFO so even if made a direct complaint to Regional provident fund commission, a due enquiry shall be made thereto and this complaint can even be made anonymous which shall not affect your job.
Sudhir Kumar, Advocate (Expert) 19 March 2013
However if interested way can be show to you to get the PF machinery moved effectively.

send PM


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