I`m working in Hospitality sector for last 14 years. I`ve worked abroad for 6 yrs. Recently i`ve joined in a Upcoming new Hotel at Puri, Orissa. I`ve been interviewed by the MD of the Company 5 times before joining. One of my friend is also working in this company for last 2 yrs. before joining & at the time of joining both my friend & the MD of the company have made big big talks , committments regarding the Hotel Operations & facilities to the Staffs. I`ve joined 6 months back. Since i & other staffs have joined the attitude of MD have changed totally. Here are the facts mentioned below :
1. From the very 1st month we are not getting the Salary on time. I`ve been told that salary will be disbursed on 4th of every month. But we get our salary normally on 25th / 26th of every month. Once we got the salary in next following month. They pay the salary by cheque. The date mentioned in the cheque is 4th of every month. but we get the cheque around 25th/26th or sometimes even later than that.
2. In our joining letter the salary break up is mentioned . Ok. fine. There Employee Provident Fund deductions amount is mentioned to all employees . The EPF amount varies as per the salary of the concerned employee. But till date we have not filled up or signed any EPF forms. No EPF account have been opened. But still every month they are deducting the money as EPF amount from my salary as a part of employee contributions towards EPF. I dont know where the deducting amount is going.
3. They have provided accomodation. Duting interview they have told that all facilities will be provided like Bed, Mattress, TV, Hot & Cold water, Fan, Light, table chair etc. etc. Till date they have provided only Bed & Mattress, Light. Everyone didnt get the Fan.
4. In the joining letters, or in HR policy manual nowhere it is mentioned that if nay employee leaves the company during Probation then one month notification or salary in lieuof have to be given by the employee. Few employees have left & their salaries have not been paid the company as company is saying that 1 month notification is required. Moreover they are asking the employee to sign a full & final settlement document stating that there is no dues left from the company.
5. The quality of food they are providing is very very poor. May be even in jails such type of food is not being provided to the inmates at jails.
6. The Hotel have started operation not fully though. But it have no trade licence, no fire licence, no pollution clearance, no food licence.
7. In the HR policy it is clearly mentioned that every employee is entitled for 1 Casual leave every month during probation period. Now the Company is not allowing us to navail the CL. if anyone is taking CL , then their salary is deducted.
8. Without nay notice the Company is holding the salary of the few employees citing disciplinary matter. but no showcause notice, no warning letter is issued. Just they are holding back the salaries & keeping quite. MD is not meeting with the employees to take a decision. MD is sole person as a part of Management. Single owner company.
I want to know what can we do to take any legal action and where and whom to contact for legal action. Labour commissioner or EPFO commissioner, Tribunal or Court etc. etc.
Please advice.
