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jerin (marketing executive)     10 November 2012

Bonus

Sir,

I worked in a showroom of mattress  for a span of one year as showroom in-charge, then I resigned from that job. At the time of resignation I asked for bonus and I got reply that he would settle it within few days. I resigned by the end of september. But then he refused to pay the bonus. There is no contract between myself and the firm(I dont get any appointment letter ). Can I ask for bonus through labour court.

with regards,

jerin



Learning

 2 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     11 November 2012

Issue Notice to him , claiming your Bonus. 

decide after reply, to move court claiming your Bonus. 

As Litigation will cost him more than your dues, he may pay you.

Sales Tax/ I Tax  will enjoy your affidavits  that he sell w/o paying Tax. UY saw him collected cash money w/o p[assing receipts etc. 

Kumar Doab (FIN)     11 November 2012

Learned Mr. Shroff has given valuable advice. Kindly follow it.

You may look into SE Act applicable to your state, which you can obtain from Dept. of Labor website of your state or market.

E.g. SE Act Delhi explains the conditions applicable to employers for issuing appointment letter to all employees and conditions to keep, maintain and produce record and registers. If no appointment letter is issued, it odes not imply that individual is not employee.

You may raise your demand in writing by letter under proper acknowledgment addressed to your appointing Authority, MD, Company Secretary with a copy to Head-HR, mentioning period of your service. Thereafter you may meet the employer and apply goodwill and rapport generated during employment and persuasion, persistence, reasoning, negotiation skills and resolve the matter in your favor.

30. Notice of Dismissal.

COMMENTS

(a) Applicability of section 30

     The protection of the provisions of the section is available to all persons who fall within the definition of the term “employee” as given in section 2(7) of the Act and who have put in three months’ continuous services. In the absence of any standing orders or any contract between the employer      and   the  contesting    respondent     containing    any   particular   terms   or  conditions,    the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954;

33.  

Records.—

4)   The   occupier   of   every   shop   or   establishment   shall for   the  purpose   of this  Act maintain such other records and registers and display such other notices as may be prescribed.

(d)    Can    an   Inspector      require     an   employer      to   produce      the  record      in   his   office   for inspection?

34.   Employer      to   furnish   letters   of  appointment   to       employees.—The         employer     shall furnish every employee with a letter of appointment.

Failure   to   issue   appointment   letters   under   section   34   of   the   Act   to   the   employee       amounts to ‘unfair labour practice’ resorted to deprive them of the benefits which accrue            to   them   due   to   the   length   of   their   service.

35.   Inspection   of   Registers   and   calling   for   information.—It   shall   be   the   duty   of   every occupier   of   a   shop   or   establishment   to   produce for inspection   of   an   Inspector,   all   accounts  or records   required   to   be   kept   for   the   purpose   of   this   Act,   and   to   give   any   other   information   in connection therewith as may be required.

 

 


Attached File : 843752086 delhi shops & establishments act, 1954.pdf downloaded: 73 times

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