Labour & service law / statuarory backing to employees
Viren
(Querist) 28 November 2018
This query is : Resolved
Organisation : Pvt Ltd Company
As per appointment letter ,Confirmation need to be done after Six Month but even after two year neither Company issue letter for Extension of probation period nor Confirmation is done just to avoid Leave Benefits and other Benefits to Employee
Mediclaim Policy/ Facility is not provided to Employee ,
Salary is paid after two months ( For Example October Salary is paid in December ( Even December there is no fixed Date)
Incentives as mentioned in Appointment letter is not paid to Employee
Do not have practice to make complete payment to employee on leaving of the organization . Still Company owner insist employees to complete his/her Notice period as per appointment letter and does not get ready to buy back Notice Period when employee request . When organization retrench employee then also don’t give notice pay , If employee ask and complaint to Labour Dept, they send legal notice to employee like “due to his / her activity Company lose so much amount etc and employee get feared and dare not to claim his / her amount to avoid litigation” And this is the practice of the Organisation
My Query
1. Whether there is any statuatory rules/ Regulation for job confirmation , Medical Benefits and salary
date and incentive payment as per Labour and Service Law
2. What precaution employee should take while leaving such organization to avoid loss of Salary of around
two months etc
3 As employee was on probation upto 2 years so whether any statuatory backing is available not to
complete notice period
kavksatyanarayana
(Expert) 28 November 2018
Ask the reasons to your company Management through RTI by making a copy to the Labour Officer of your District. If reply not received, you with your co-employees put a complaint before the Labour Officer.
Viren
(Querist) 29 November 2018
Hi Satyanarayana ji , Thanks for your Reply
can you please suggest legal remedies in this case . Please suggest
Whether there is any statuatory rules/ Regulation for job confirmation , Medical Benefits and salary date and incentive payment as per Labour and Service Law 2. What precaution employee should take while leaving such organization to avoid loss of Salary of around two months etc 3 As employee was on probation upto 2 years so whether any statuatory backing is available not to complete notice period
Ahmed Daud Girach
(Expert) 29 November 2018
You may go to labour court under s ૩૩ idact and s
19 and 20 of standing order act for reading appointment order and accordingly grant benefits