--------Maharashtra is probably one of the states which have granted blanket exemption to IT/ITeS companies from the provisions of IESO Act (Industrial Employment Standing Orders Act) as per IT policy of the state.
However Bombay Shops and Establishments Act (referred as SE Act in this thread) is so employee friendly that it can cover your issues.
Your company must have displayed its registration certificate near entrance, on Notice Board.
Standing orders of the company frame service conditions which can not be negated to employee in appointment letter. The service conditions as stated in standing orders shall prevail upon appointment letter. Notice period is part of service conditions.
The company would claim that 3 motnh’s notice period was accepted by you however this long notice period is obviously for the benefit of employer and may be claimed as void as per the clauses in SE Act.
However another state like Karnataka has ended the blanket exemption and all companies were to submit draft standing orders within Dec,12 for certification by Mar,13.
Trade unions in Maharashtra are active.
You may go thru the attachment, and get in touch with the union for IT employees and fellow employees and also the trade unions in your state for similar enforcement of standing orders in your state.
-------At what rate the company has encashed paid leave, disbursed OT, Bonus etc in FNF or it disburses Gross/Basic ?
You may check and revert to company, and raise your specific demands.
--------Salary Slip: As per Payment of Wages Act the salary slip should be supplied/signed by employee and record should be maintained for 3 years.
PF: If you have the proof of dispatch/delivery you may write to company claiming PF forms have been submitted and acknowledgment issued by PF office be supplied to you by redg. post only. Thereafter you can also lodge complaint (under acknowledgment) with direct with concerned PF office or thru any PF office nearest to you that company has not attested the PF forms and PF office should depute its personnel to get your forms attested and penalize the company.
You may meet the RPFC in person. You can also submit PF withdrawal forms attested by any of the designated authority including BM of your bank to PF office.
For details log on to:
www.epfindia.gov.in
-------If incentive was declared and employee qualified for it company is under contractual obligation to pay.
If you wish to avail the services of LCI lawyer you can conduct search at:
Related Lawyer’s list is provided by LCI at the bottom of this web page.
Your near and dear ones can also guide you to a lawyer.
You may show all of your docs, give inputs in person, to a c competent and experienced labor consultant/service lawyer, for analysis of merits and you may proceed under the expert advice of your lawyer.
Let your lawyer’s opinion be final on all points discussed in this thread.
---------SE Act Bombay:
38. Application and amendment of the Payment of Wages Act. (l) Notwithstanding anything contained in the Payment of Wages
Act, 1936, (V ?f
1936)………. the Inspector appointed under this Act shall be deemed to be the Inspector…herein referred to as "the said Act",…….for the purpose of the enforcement of hei provisions of the said Act within the local limits of his jurisdiction.
( Implies that the Inspector under SE Act shall be the Wages Inspector )
[?8 ?. Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act, 1923 (VIII of 1923), and the rules made from time to time thereunder, shall, mutatis mutandis, apply to employees of an establishment to which this Act applies, as if they were workmen within t! meaning of the Workmen's Compensation Act, 1923.
( Implies any employee under SE Act shall be eligible as if he is a workman and can invoke WC Act)
^[??-?. Application of Industrial Employment (Standing Orders) Act to establishments.-The provisions of the Industrial Employment (Standing Orders) Act, 1946, in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall, mutatis rnuimdis, apply to all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.
(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)
{ Model Standing Orders: 3. Tickets, 11. Payment of wages, 13. Termination of employment, 15. Complaints, 17. Liability of 17[employer].--, 18. Exhibition of standing orders.-)
51. Employer [and manager to produce registers, records etc. for inspection.
( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)
Moreover the Inspector is under obligation report every two months as given in Sec.66
55. False entries by employer and manager.
58. Determination of employer for the purpose of this Act.
66.Notice of termination of service; is 1 month as per the Act.
---------You may go thru: Payment of Wages Act: 2.Definition: 3*[(vi) "wages" means………., (c), 13A
-----------If gratuity is mentioned in CTC you may succeed to claim Gratuity even if you have not worked for 5 years. There are many threads on PF and Gratuity at LCI.
e.g.;
https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.UYs7UaKAqWM
https://www.lawyersclubindia.com/forum/Pf-withdrawal-without-signature-of-employer-80022.asp
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