Threatened by employer

Your employer wanted to subdue you and has been successful.

You have posted that:

--“  During the mid-2009 period, the company seems to have been hit by recession and hence reduced the salary to 80% without any written consent from us the employees and using some strange formula in accruing the balance amount to the next years.”

You are aware that this can’t be done.

You may get the formulae checked by some lawyer/CA and demand pending amounts.

--“ Also no PF benefits have been given as per the appointment letter, despite the company has been around since 2004 with more than 100 employees.”

You need to approach the o/o concerned APFC, RPFC, Addl. CPFC, CPFC, with a written complaint. You may peruse thru RTI and ask the name/designation/address of PF official who has visited the company and checked the records and status of inquiry and demand copies. You can also approach vigilance cell.  

PF is your statutory right.

--“ At the time of getting relieved, I  had got a payment after signing a voucher as complete settlement on the verbal promise that my dues will be settled with a month.”

Even if you have signed the FNF you shall be demanding your pending wages.

You may peruse only if you feel that you have the resolve.

While it is true that a bad element may do anything it is also true that plenty of employees have fought for their rights and have succeeded.

You may also try and be a member of some trade union and NGO. They know how to deal with such entities.

--“At this point of time I was rather scared about pursuing with the legal notice and going for a case. when I received an acknowledgement from the Labour Commisioner office to a letter I had sent as a grievance to the Chief Minister's redressal cell. The letter assured me that the labour office would look into the matter at the earliest.”

 “Again a period of 2 months passed after which I received no reponse from Labour office. I complained about the Labour commision's inaction at the Presidents Secretariat Help line in the web.  Presently, I received another letter this month stating the my complaint against my former employer would be redressed at the earliest.”

You can file RTI application and ask for the inquiry report and status. You may also examine the file, under RTI.

Why don’t you pay a visit to the Labor Office and explain the matter to them.

--“ The employer, the advocate , the labour department, all of this seem to take me for a ride.”

Your advocate has issued legal notice on your instructions. What else you had wanted from your advocate, and by which inactions you feel that you have been taken for a ride.

--“ I worried that he might initiate a litigation against me for defamation, if I pursue the issue with the labour office.”

If you have represented based on the facts e.g. pending wages, PF what defamation you have caused to your employer and his company?

If you do not faith and resolve you may better give up and remain silent.

Valuable advice of learned experts/members is sought.

Hi

It is not about the resolve. Its true that I had some issues with the advocate I hired for this purpose. I wish to know the path to take, i mean go for litigation or contact the Labour office and get them moving? Or is there a need for a combined action in the form of litigation and labour office?

The half a dozen lawyers I had met showed little interest  and eventually refered me to the person I had hired. Most of them were  taking up cases of only for the managements, and not for  employees.

Now that I don't work for the company, is it valid to stake a claim on the contibutory PF and other statutory deductions which I also did not take part of? I mean, since I did not make an issue during my tenure, can I raise it now?

Yeah, it was naivety at its worst. Most of us employees obliged to the call of the management to sacrifice to complete a major nantional project on the assurance that we all will partake the benefits with all dues paid in time. The project worked  out in flying colours, but the many of us, the employees lost out.

It is difficult to understand that how 100 employees can can be mislead in the name of national interest. What national interest was there?

It is prerogative of a lawyer to represent management or employee. However there are highly experienced lawyers who are well versed with labor laws and represent employees. Which is your location? You have posted that your employer got jitters on receiving legal notice.

Did you provide all details and documents to your lawyer and did your lawyer help you evaluate the merits?

Demanding PF is not litigation.

If your employer flouted norms, rules, laws then it is his funeral and let him handle it.

If you have resolve, faith, resources and interest you have to chase the compliant with authorities and support your lawyer too, by interacting and providing inputs.

Finally: If you want to proceed, you may proceed under expert advice of your lawyer.

Mr. Sudhir Kumar,

Perhaps the querist has not been able to resolve.

However the querist has not updated the thread.

Your valuable advise in this thread shall help the querist and many others members and readers.

Please do post your opinion.