>>> If award of increment in stated in offer letter/appointment letter/HR Policy-Service Rules and regulations-appraisal policy-increment policy-any policy…………………………………and as per any such policy…………. if you are eligible for increment…………………………employer can not deny to give increment…………………………is under obligation to give increment.
The employer has to pay promised wages ( promised verbally or in writing) or it can be accused of breach of trust………………..for extracting labor…………………..but not paying the promised wages.
>>> The official time of Job is:8 hrs/day=48hrs/week and beyond this OT is applicable.
OT should be paid by employer on its own alongwith salary on usual pay day.
10hrs/day=50hrs/week if it 5days/week working and 60hrs/week if it is 6days/week working.
12hrs/day=60hrs/week if it 5days/week working and 72hrs/week if it is 6days/week working.
15hrs/day=75hrs/week if it 5days/week working and 900hrs/week if it is 6days/week working.
IT/ITeS/BPO/KPO companies are covered by ( name of the state) Shops and Commercial Establishments Act.
Max. OT allowed/quarter of 3 months is explained in ( name of the state) Shops and Commercial Establishments Act. Beyond it OT is not permissible and employer can be penalized and punished.
Hours of work are to displayed in Registration Certificate near entrance, appointment letter also…………..
Assuming that you are in Delhi: then as per Delhi Shops and Commercial Establishments Act
Employee can not be forced to do OT.
If employee wants employee can be allowed to do OT……………………..however total work hours can not be more than 54hrs/week……………..and OT hours can not be more than 150hrs/year!
ILLUSTRATION::::
If you have been working on an average 15hrs/day::: 6days/week;;;for last one year and your wages are hrs Rs.15000/month then your eligibility to OT ( assuming that you have worked on average 25days/month i.e. OT=7hrs/day) is like this:::
Your wages are@=15000/26/8=Rs72.11/hour
(7*25*hourly rate of wages)=7*25*72.11=Rs.12619.25/month=12619.25*12=Rs151431/year……………
In addition to it you are eligible for compensatory off/leave encashment etc……………………
You may go thru; Sec: 2(14,28,),8,21,33,34
The register of employment and wages is required to be kept in Form ‘G’ duly bound and
pages serially numbered. Where, however, the opening and closing hours are ordinarily uniform,
the employer may maintain such register in Form ‘H’ alongwith a separate register of wages and
record of leave in Form ‘I’ but the entries relating to a particular date on which an employee if
called upon earlier or detained later than the usual working hours are required to be made
immediately in the remarks column of Form ‘H’ before such early or late working commences.
>>> Do you have proof of OT/threats made by employer (audio/visual/witness) etc………….
Build Proof. Consult elders/employee’s union/trade Union leaders/your labor law consultant/service lawyer…………..
>>> The ID Card, work done record, emails, appointment letter/ offer letter, salary slips,PF number, ESIC card, Form 16, witnesses can lead to proof of employment……………………………
The employer has to submit each employee’s details to Inspectors………………in registers prescribed in labor law of the state.
>>> What is this establishment; Commercial, Industrial, Small Enterprise? The registration certificate should have been displayed near entrance.
Whose name is printed in registration certificate; as Manager/Owner etc?
How many people are employed in it?
The Redg. office of the company and reporting office of the employee is located in which state?
Employee was located in which state?
What was employee’s designation and nature of duties and how many persons were reporting to employee?
Did employee have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?
Has the employer supplied ID Card, appointment letter/ offer letter, salary slips, PF number, ESIC card, Form 16……………………etc?
Who has signed the appointment letter?
Is it stated in appointment letter that service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules/standing orders (certified/model) and do you have copy of these?
Was the employee under probation period or a confirmed employee?
Is there any ‘Employee’s Committee/Grievance Rederessal Committee’ in your company and did you approach them?
Are you a member of any employee’s unions/IT employee’s unions/trade unions?
Reply point wise to each point.
It shall be appropriate to consult an able labor law consultant/service matters lawyer-Law firm handling such/criminal/company law/winding up petition cases with copies of all docs on record as mentioned above and any other relevant evidence that you might have and proceed under expert advice of your lawyer.
Your lawyer may opine that you are covered as ‘Workman’ as in ID Act, ‘Employee’ as in (Name of your state) Shops and Commercial Establishments Act ………………..and can :
--Lodge complaint with Inspector under Payment of wages Act if your wages are upto Rs.18000/pm as per def. of wages as in this Act
--Lodge complaint with Inspector under (Name of your state) Shops and Commercial Establishments Act
One of the job of the Inspector is to ensure that wages/FnF wages of employee are paid in time.
--Lodge complaint with O/O Labor Commissioner…………………………………and can handle the objection of ALC and matter may be forwarded to Labor Court if the conciliation proceedings have failed.
--Approach civil courts
---lodge criminal complaint under u/s 406,420......................
---file for winding up petition.
--approach employee's unions, trade unions leaders ( e.g. INTUC, CITU,BMS,etc............)and................they may succeed to put pressure and can also represent you in labor Court.
