Such companies are covered by ( name of the state) Shops and Commercial Establishments Act.
Haryana follows Punjab Shops and Commercial Establishments Act and it is available on the website of Dept. of Labor of Haryana. You may go thru Punjab Shops and Commercial Establishments Act, Punjab Shops and Commercial Establishments Rules…..
Standing Orders are applicable if no. of employees is 50 in Haryana.
PF,ESIC, standing orders shall continue to apply if these were applicable once even if no. of employees (direct+contractual) goes down later. You may inquire at your end.
Unions in Haryana have traditionally been strong and you should become member and seek help e.g. CITU,INTUC,AITUC,BMS etc……………..
Now there is IT employee’s unions too and have affiliated with trade Unions….
Employer has to maintain various registers pertaining to payment of wages,deductions,leave sanctioned as per Punjab Shops and Commercial Establishments Rules, Payment of Wages Act, Min.Wages act and has to supply the salary slip to each employee e.g. Payment of Wages Act ;Sec13A , Min Wages Central Rules;26(3,4)……….
At least a day before due date of payment of wages and should be signed by both employer and employee……
If it is in some SEZ then you may also go thru service rules envisaged under the SEZ Act …………
Trainee is appointed either as ‘Apprentice’ under Apprenticeship Act and Apprenticeship Rules or under Managements’ standing orders……………….and if management claims that you were Trainee as per Management standing orders then it has to produce the same……….
No trainee can be kept without stipend……………………..and stipend has to be paid as per rules……
No security can be deducted from earned wages…………..
In fact No deduction can be made from earned wages except statutory deductions e.g. PF,ESIC,TDS …………………….and other than explicit consent by employee…………………..Apparently you have not issued any written communication agreeing for deduction of security….
If you were a Trainee for name sake only and have been performing duties of regular employee and producing revenue (and have proof even if audio/visual/witnesses/minutes etc ‘Trainee’ to avoid payment of statutory provisions like PF,ESIC…..and in such case you can lodge complaint with authorities of PF,ESIC thru nearest office and also with o/o labor Commissioner…………………….
You may arrange proof /evidence of agreement of salary of Rs…………….,deduction of rs……………and also that NO Tasks were pending at your end and no handover of charge was asked from you…………………….and thus nothing was pending at your end hence relieving letter, service certificate should be supplied to you alongwith acceptance of resignation,FnF statement in original showing adjustment of notice pay if any,/eave encashment/bonus/refund of security money etc…., Form16,PF refund,ESIC card, NOC/NDC etc……….
Your community leaders can also help you.
Usually such establishments are one man show without any HR, legal cell and a well informed employee can handle such employers without much trouble………………..
The labor Inspector in local o/o labor commissioner might be functioning as Inspector under Payment of wages Act too……………………..
It shall be appropriate to show everything to an able Labor Law Consultant/service Matters lawyer and proceed further under expert advice of the lawyer………….
