How and where to lodge a complaint against a employer

@ Tannu,

You have not replied to all points, pointwise.

e.g:

Did you submit notice of resignation or resignation with immediate effect?

Are you a member of any employee’s/Trade Unions?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?

You may also confirm that ‘Did you mention in any of your emails that on dated, you supplied intimation of sickness and leave for……………..days and no one supplied you any communication on sick  leave approval and dated…………..when you called office at phone number……………..…………………..Ms………………..designation :HR………………….forced you to submit your resignation with immediate effect.

You should have mentioned as above and thus avoided the claim of notice pay deduction by company?

Forced resignation can be termed deemed termination. And you could lay a claim to notice pay from company. There are IT/ITeS women employee’s/ IT/ITeS employe’s unions and are many trade unions like CITU/INTUC/AITUC/BMS have embraced employee’s from your sector. You can lodge complaint with them. They and your lawyer can build evidence in your favor and they would prefer to stake claim to notice pay of 45 days as mentioned in your appointment letter.

You have posted that:” I have appointment letter and salary statements with me.”

Did the company supply the Salary Slip or not? Salary slip should show the deductions from salary e.g. PF, ESIC and earned wages/OT/Incentive etc? You are covered by Payment of Wages Act and as per Sec;13A of the Act salary slip should be supplied atleast a day before payment of Wages on fixed day as per this Act and Punjab Shops and Commercial Establishments Act. If the employer does not comply it can be penalized.

Did the company obtain any vouchers signed by you? If yes did it provide any copy to you?

Did the company deduct PF,ESIC from salary?

Did the company supply Form16, PF a/c slips, ESIC card or not?

IT company in Chandigarh would be covered by Punjab Shops and Commercial Establishments Act, ( and Punjab Shops and Commercial Establishments Rules) that was enacted to govern the service conditions of employees working in establishments covered by this Act!

You should be covered by the def. of ‘Employee’ as in this Act, and also ‘Workman’ as in ID Act.

The max. notice period as per this Act is 30 days! (No official in Labor Dept. can enforce notice period more than this for employee.)

You can approach:

IT/ITeS women employee’s/ IT/ITeS employe’s / trade unions e.g. CITU/INTUC/AITUC/BMS

Your labor Law Consultant/Service Matters Lawyer/Law firm

Inspector appointed under: Punjab Shops and Commercial Establishments Act at Chandigarh, and ALC-Chandigarh ( ALC-Chandigarh is Labor Commissioner in Chandigarh)…………………the address is available at Dept. of Labor Chandigarh, and get FnF statement, service certificate, relieving letter etc.

Inspector appointed under: Payment of Wages Act (within 1 year of LWD)

For PF: APFC/RPFC, thru nearest PF office

ESIC: thru ESIC office

Form16: Thru ITO-TDS where you were to file ITR, CIT-TDS where company files ITR

You may post your reply and some more inputs can be shared with you.

Hi,

My Self Vivek Verma,I Have Joined Ecomoney Insurance Brokers Pvt. Ltd. on 30/08/2014 at The Post of Regional Manager-Marketing.On 27/03/2015 the Company has Closed The Venue Sales Department Without Any Notice.In My Tenure of  8Month I Have Recieved only Two Month Salary of October & Novemebr Month,After That I Have Taken So Many Times Followups with the Director of The Company Regarding My salary,But They Have Given only assurance &  dates about the Salary Released.At The Time of Closure of The Department he Has Given me the Cheque of 84000/-  Against My Salary & Travelling Reimbursement Dues With PDC of 22/04/2015,But Due To Insufficient Funds in The A/c of the Company ,They Have given me so Many dates in Between 3 Month Validation of the Cheque,After That I Have Represent My Cheque on The Bank dated 07/07/2015 ,The Status on Clearance was Payment Stopped By the Drawer.I am Asking For Slary Slips,PF No.,Relieving Letter ,They Are Not Ready To Provide me Any things after So Many Followups.I Have Also Given him Notice of 15 days But They have not Replied.Kindly Advice me What To Do & Where To Lodge a complaint Against The Employer to get the my All Dues.

Waiting For your Kind Revert

Thanks & regards

Vivek Verma

Hi,

I would like to report a situation that happened with me. my last employer terminated me without giving any notice or warnings. till date i have not resigned or have a termination letter from the company. The COO promised that I would be getting 30 day advance salary and now they have denied that as well. I have received a chq of the last month.  My questions:

a) can i file a defamation case against them? Or can i take them to labour court for the same?

b) Is there a case actually or is this just hypothesis?

Thanks

Kunal

BPO company is be covered by (Name of the state) Shops and Commercial Establishments Act,  that was enacted to govern the service conditions of employees working in establishments covered by this Act!

You might be covered by the def. of ‘Employee’ as in this Act, and also ‘Workman’ as in ID Act.

You may approach:

BPO employee's/ employe’s / trade unions e.g. CITU/INTUC/AITUC/BMS

Your labor Law Consultant/Service Matters Lawyer/Law firm

and show the service conditions and and any other document that you have............

and your counsels amy opine that you may attend to duty till you recieve order of termination or write that you have been asked to not to remain at home and each day be marked as your attendance

and approach:

Inspector appointed under:Shops and Commercial Establishments Act

O/o Labor Commissioner

Civil court

Hi,

My Name is Naresh. I Joined in IT Company in june 2015.But I dont like that job so i left from There (absconded) on October 30th 2015.I did not receive my oct month salary. They blocked my salary. At the time of joining i made a signature in appointment letter stating that 2 months notice period  should be given. Is there any possibility that i can get my salary as well as pf amount. When I Called to HR they told me that we have some polocies i need to serve  2 months notice period. Please Help me

What is the notice period inserted in appointment letter issued to you?

Did you send notice of resignation/resignation by say ordinary post?

Are you a member of employee's/IT-ITeS employee's/Trade Unions?

What was your designation and nature of duties?

You were in which state?

Your repoerting office and Corporate office and Redg. Office of company was in which state?

How many person were employed in company?

Does the company have standing orders (certified/model)?

Reply pointwise to all points.

It shall be better if you can discuss with your able lawyer and mediation by your lawyer (even phone calls) may settle the matter and proceed further only after you have discussed in person with your counsel.

Hope you can understand and read between the lines.

First of all send the scanned copy of the notice/resignation.

Hello Sir,

Thank you for you quick response.Below are the answers that i got in my mail.

1)What is the notice period inserted in appointment letter issued to you?

    2 months

2)Did you send notice of resignation/resignation by say ordinary post?

     I've sent email Stating that I resigning to my job to hr and manager.

3)Are you a member of employee's/IT-ITeS employee's/Trade Unions?

    No 

4) What was your designation and nature of duties?
    My Designation is Software Engineer. Need to develop Front end Applications using Angular

5) You were in which state?

    Telangana
6)Your repoerting office and Corporate office and Redg. Office of company was in which state?
    Telangana

7) How many person were employed in company?
     about 700 people

8) Does the company have standing orders (certified/model)?
    Yes
 

You should become member of employee's/IT-ITeS employee's/Trade Unions!

Do you have copy of standing orders (certified/model)?....................

Which standing orders apply (certified/model)?............

It is believed that telangana follows Andhar Pradesh Shops and Establishments Act, and yourdesignation may be covered by the Act and this Act is so employee friendly. The notice period is not more than 30days.

You may transfer the PF to new employer and previous employer is not involved in transfer.

Demand to supply the PF number, PF a/c slip and salary slips of all months showing all payouts and eductions from previous employer.

Hi sir, I dont have certified model copy . Could you plese share your mobile number so that i can call and explain my problem to you. 

@ Naresh,

I am not available for discussions by phone/emails etc.

You, yourself stated that standing orders are applicable. The standing orders are to be displayed at a conspicious location /notice board and copy is to be provided to employee even if against some reasonable amount say Rs10/-.

The employee can also obtain certified copy from certifiying officer DLC in O/o Labor commissioner against say Rs.3/page. Thus O/o Labor Commissioner can help you for standing order (certified/model).

Standing orders are certified on the lines of Model Standing Orders.

If standing orders are applicable butnot certified then Model Standing Orders shall apply.

Model Standing Orders can be dwon loaded from dept. of labor websites.google.

As per Shops and estbs Act that applies to IT companies the notice period is as per length of service may not be more than max. 30days

Shops and estbs Act can be dwon loaded from dept. of labor websites.google.

You may approach an able counsel specialzing in Labor law, employee's/trade unions leaders.

You have been advised in detail. Take help of seniors,elders of family if you are unable to understand and resolve.

You need to work to get your matter resolved.

Hi Kumar,

Thanks for your response.

i am confused by your answer "

Standing orders are certified on the lines of Model Standing Orders.

If standing orders are applicable butnot certified then Model Standing Orders shall apply"

What does it mean?  

My question is if i do not serve notice period at least one month i'm not going to paid?

I Amitesh Sharan was working in a company named "Valiant Group (Valiant Developers Pvt. Ltd.) located at Noida and the register address of the company is "B-45A, Som Dutt Chamber, 5 Bhikaji Cama Place, New Delhi-110066 INDIA." and the working office address is "C-56A/10-11, Sec-62, Opp. Stellar IT Park, Noida-201301, UP." I was on the payroll of the Valiant Group as Sr. Manager (HR & Admin), Emp ID-VD007 from 6th Feb 2015 to 17th Aug 2015. Initially, for first 4 months (Feb to May 2015) they didn’t release salary on time, but sooner or later i got it before next month end. But after that, since the month of June my salary got stopped without any intimation from the management. When I asked my Director about the reason for this delay he said that “we will update you soon." After July ends, I asked them again about the salary. They said that don’t worry, you will get it. One day the Director called me in his cabin & started shouting at me & said that your performance is not good, so you have to leave the company. I have to hand over all the documents & things to the concern person & last working day was 17th August 2015. Since then my last two and half month salary i.e. – June, July & till 17th Aug 2015 salary is pending till now. It’s been 5 months I am following Mr. Munish Malhotra & Mr. Harpreet Singh like anything, but they are not in mood to release my dues. Sir, Mr. Harpreet & Mr. Munish asked me to visit their office more than four times to collect my Full & Final amount & when I go there, they just talks casually about business & personal life. Sir not only me there are 3 more Ex-Employees who are in same condition and facing same trouble. I don’t have money, I am living miserable life like beggar and even I have to borrow money from friend & relatives to fulfill my daily needs. I begged them so many times, that please clear my dues. I sent so many mails & messages also but Mr. Munish Malhotra & Mr. Harpreet Singh always give me false commitment. I am experiencing severe mental harassment and having high stress level due to which am experiencing sleepless night. This is affecting my health as well as social life. Again they are blaming me for using their database and just increasing my problem. The reality is I lost my confidence & career due to these two. I am living deprived life due to them. Kindly help me out to get my salary from them. It will be a great help from your side I am attaching the attendance sheet also. I request you to kindly help me.Treat this as most urgent and help me or suggest me for procedure for complaint. Waiting For Your Response. Your faithfully Amitesh Sharan Emp ID-VD007 9811293910

@ Naresh,

The matter has been discussed in detail. Beyond this you may discuss in person with an able counsel specialzing in labor matters.

@ Amitesh,

An able counsel specializing in labor -service matters may ask you a set of structured questions and opine that whether you are covered by the def. of 'Workman' as in ID Act and 'Employee' as in UP Shops &Estbs Act or not and can you agitatte under Payment of Wages Act or not.

and that you can file criminal complaint u/s 406,420

winding up petition

civil suit for recovery

Some employee's/trade unions may embrace you and help you.