Companies post salary etc in expenses and have to file quarterly return.
Inspector under Shops and Establishments Act, Payment of Wages Act can call for records.
In addition to the Industrial Disputes Act, 1947, states also provide for compliance's under the Shops & Establishment Acts, Standard Standing Orders Act…….
You may go thru:
------Karnataka Shops and establishments Act
Section: 2 Definitions: (e), (g) (h)
6(A) Issue of Appointment Orders;
18, 29, 30, 34,
39: Notice of Dismissal: Notice period is max. 1 month.
Experience/service certificate, FNF statement for acceptance by employee, Form 16 as per correct FNF statement, PF number/account slips, ESIC card ( Eligibility for wage up to Rs.15000/pm as per def. of wages in ESIC Act), FNF dues by usual pay day, shall have to be provided.
Relieving letter is issued post all settlements by employee, and signifies employee has been properly relieved, and nothing is due against the employee.
The lady may submit notice of resignation in writing under proper acknowledgment preferably by redg. post ( avoid speed post/courier) narrating that no appointment letter has ever been issued and no T&C on notice period/pay are ever issued to her and accepted by her. She is submitting notice of resignation with notice period of one month and effective date of resignation/last day in office shall be dated…………and acknowledgment and acceptance of notice be supplied to her immediately.
The employer may ensure all formalities related to handover of charge/submission of company property may be completed within and up to this date and routine work may be assigned to her which can be completed within and up to this date of dated……….
The FNF statement/FNF dues by bank DD and relieving documents and other documents work experience……(as mentioned above) should be supplied within office hours of dated…………..
She may submit company property/handover charge under proper acknowledgment, and submit final resignation on last day in office under proper acknowledgment.
------Payment of Wages Act, 1961 (applicable to all employees drawing wages up to Rs.180000/pm),
Definitions:
3*[(vi) "wages" means…………..
{ Rate of wages or salary………..( Here the question arises what does your salary include to satisfy various act including but not limited to Section 17(1) of the Income tax Act, which only your employer can answer.}
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
3. Responsibility for payment of wages.-
4. Fixation of wage-periods.-
5. Time of payment of wages.
6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:
5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]
13A. Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
15. Claims arising out of deductions from wages or delay in payment of wages and
penalty for malicious or vexatious claims.
16. Single application in respect of claims from unpaid group.
