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Raj (IT support)     22 January 2015

My employee benefits

Hi,

I am working with pvt. Ltd. Company in Mumbai for last 10 years  now i resign from company.

Company pay me my salary but not given experience certificate and other benefits (gratuity  & other.)

Problem is that our company  don’t give any appointment letter, salary slip  or any other facility to employee  we only get salary by cheque & when i tell about my resign they don’t say anythingbut after 10 days tell me to give me in writing  & then want me to give 90 days’ notice period.

I want to know that what can i demand from company as per rule.(Experience letter is important to me) How can i get it.

 



Learning

 1 Replies

Kumar Doab (FIN)     22 January 2015

 

When you initiate a query always post what is this establishment:Commercial/Industrial, nature of business e.g. IT/banking, designation/nature of duties,no. of employees in company…….,location of Redg. Office of the company……salary (basic+DA) etc

It is guessed that it is some IT/ITeS company.Such companies are covered by (name of the state) Shops and Commercial Establishments Act, that was enacted to govern the service conditions of employees working in such establishments….

Bombay Shops and Commercial Establishments Act is applicable in Maharashtra/Mumbai………..and employer has to maintain various forms/registers prescribed under Bombay Shops and Commercial Establishments Rules that have to have DOJ/LWD,OT/Wages paid etc…….

As per Bombay Shops and Commercial Establishments Act: I.Card has to be provided to each employee and as per ;Sec38-B standing orders shall apply if no. of employees is 50 or more and if standing orders are not certified Model Standing orders shall apply…….and I.Card and service certificate has to be provided to each employee..

The employer has to maintain Service Card for each employee as per the standing orders….

As per Payment of Wages Act ;Sec13A, Min.Wages Central Rules 26(3,4) wage/salary slip has to be provided to each employee and it should be signed by both employer/employee and record of it has to be maintained for 3 years….

Form16 has to be provided by employer to each employee each year.

If eligible PF,ESIC has to be provided.

You shall be eligible for Gratuity if Payment of Gratuity Act 1972 applies to establishment; you may go thru Sec1………

Maharashtra has notifed mandatory Insurance for Gratuity……….    

If you are eligible you may submit FormI for Gratuity under proper acknowledgment….The employer has to supply the notice of determination of Gratuity and payment of gratuity within 30 days even if employee has not made any application…..


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