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Das (gp)     05 October 2010

Pvt Company exploitation

Is there any rules to control over the Pvt. Company Employer

A Pvt. company has nearly 100 employees, casual workers. It  has its own workshop/factory as well as corporate office. It works with other foregin companies as JV, Representative.

So will it come under Factory act or Shop's act. This company employs people with 5 years Contract basis gives bonus, deducts PF ESI, TDS etc. But they never disclose the rules and regulation to their emplyee and just in contract document they tells employee has to obey the rules and regulations of the company. There is no specific leave rule and sometimes employee has been denied of his leave. They are not paid salary ontime.

Is there any specific rule where this organisation can be banned/fined.



Learning

 2 Replies

Kuljit Pal Singh (Legal Professional)     06 October 2010

Dear Friend,

Ofcourse there are legislations to bind the Pvt. Companies, like in your case the corporate office comes within the ambit of State Shops & Establishments Act and Factory unit comes under Factories Act, In your case i would like to suggest to approach Labour Authorities in case of any violations.

Regards

Jagdish (Manager-Business Coordination)     17 March 2011

Dear Sirs,

Private Company Exploitation

I agree with the suggestion given by Kuljithji.  But based on a complaint from the employees, we can expect the limites and action  by the Government Officers in this regard and to what extend they can success.

Hence, it is the time to act by the concenred employee to inform the Appropriate Authorities specified in the relevant statutes who has the jurisdiction first and wait for a limited time as per statutes for initiating their action and results. If you are not getting any fruitful results:-  

In my openion, if there is NO recognised Registered Trade Union, the employees has to file  a writ and get a direction fto the  Appropriate Government to observe the implementation of relevant statutory provisions prevailing in the State by the Company.  

As far as the Number of employees concerned, the Labour Department, Provident Fund Authorities, Inspector of Factories & Boilors, District Magistrate who has the jurisdiction

Jagdish.K

+91 9947662384


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