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. This shall be the quickest and easiest solution.
The IT/ITES industry was granted some incentives as per IT/ITES policy of the many states. You may look into the same for your state. State of Karnataka has ended the blanket exemption granted to IT industry from Industrial Employment Standing Orders Act.
In a given situation employee can invoke the provisions of ID Act, Se Act, Payment of Wages Act, Industrial Employment Standing Orders Act as per explanation of employee under these enactments or approach civil court.
If you have worked closely in an enterprise and you have been close to the promoters you would know how the business was conducted and all loopholes. You can have a handle on this enterprise. You are asking the promoter/owner to keep his promise of paying you your wages, and your demand is genuine. It is up to you to choose litigation or persuasion of twist the arm of unwilling promoter/employer and exercise the influence as you him in and out. Any way you should succeed in getting your due wages by all means.
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.
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. The act also explains “ Claim on Wages”.
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.
21. Claims relating to wages.
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.
