Lodge a complaint in the labour commissioner office?
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Lodge a complaint in the labour commissioner office?

bala_panmand Started The Discussion:

Dear ALL,

Kindly advise on the following issue

Q.1 Manager and above level candidates can able to lodge a complaint in the labour commissioner office?

Please let me have your feedback on high priorty.


Thanking you

Bala Panmand

R.N.Khola - Member Since: Feb 2009
Dear Bala Panmand,


The managerís complaint can also be entertained & heard by the Labour Department if he is covered under that particular Act for getting any relief. For example if is covered under the definition of employee under the Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, & Punjab Shops & commercial Establishment Act, 1958 etc. then he can file his complaint before the Appropriate Authority of the Labour Department.


Submitted as requested.


With Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361 (O) 0124-4264449

bala_panmand - Member Since: Apr 2007
Dear Sir Thnx for your update. Full & final complaint can lodge to the labour commissioner? Your advise will be highly appriciated. Thanking you Bala Panmand

R.N.Khola - Member Since: Feb 2009
Dear

It is hereby submitted that the manager employee can lodge a complaint with the office of the labour commissioner & if you receive a notice from any of the officer then in that case you are to raise your objection at the time of hearing that he is not entitled to get any relief from you as the manager is not covered under such of the Acts. Your office do not have any jurisdiction to try & entertain his complaint on the ground that he is not covered under such & such Acts.

With Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361 (O) 0124-4264449

Vasant Nair - Member Since: Jul 2009
Dear Bala, Can you be specific with regard to your query? Mr.Kola has broadly given you correct & sound advice. Vasant Nair

malikjs - Member Since: Nov 2007
dear bala
it is not designation who decides whether indivdual can approach labour dept for remedial action.if you talk abour ID ACT also individual can approach labour dept but as mr khola has rightly said ,let management oppose that he is not workmen and this act not applicable to him

NSreedhar - Member Since: Sep 2009
Dear All,

How can we describe a role of a Manager? Though he designated as Manager and performing duties involving directly (excluding supervisory responsibilities), can he not elegible to approach labour commissioner?

I feel, the manager who is performing only supervisory responsibilities is may not approach labour commissioner and the person may be designated as Manager but performing duties like other employees can be treated as a normal employee and elegible to take assistance from labour commissioner.

Please correct me if i am wrong.

muhammed jaleel - Member Since: Nov 2009
Dear Bala Panmand
Employee means including paid directors are employ of the company , So I think you can go head with your grivencess.

Section 2(9) of ESI Act

The term 'Employee' is defined under Section 2(9) as follows:
Any person employed for wages in or in connection with work of a factory or establishment to which the Act applies.

In order to qualify to be an employee, under ESI Act, a person should belong to any of the categories:

Those who are directly employed for wages by the Principal Employer within the premises or outside in connection with work of the factory or establishment.
Those employed for wages by or through an immediate employer in the premises of the factory or establishment in connection with the work thereof.
Those employed for wages by or through an immediate employer in connection with the factory or establishment outside the premises of such factory or establishment under the supervision and control of the Principal Employer or his agent.
Employees whose services are temporarily lent or let on hire to the Principal Employer by an immediate employer under a contract of service (employees of Security Contractors, Labour Contractors, House keeping contractors etc., come under this category).
Employees employed directly by the Principal Employer in any part, department, branch situated in the same station or else where, in connection with administration of the factory or establishment for purchase of raw materials, sale or distribution of the products of the factory etc.
Exclusions are

An apprentice engaged under the Apprentice Act, 1961 or under the Standing Orders of Establishment.
Any members of Navy, Army or Air Force and
Any person whose wages (excluding overtime wages) exceed Rs.7,500/- a month.



Related links
ESI Scheme
Dependants benefit




Broadly, all categories of employees, Regular, Casual, Badli, Temporary Contract etc., comes under the covered category. Employees engaged on loading, unloading, movement of raw-material, Gardening, Guest House Maintenance, watch and ward, House Keeping, cleaning, civil construction, repairs of building etc., erection, repairs and maintenance of machinery, plant, equipment furniture, fixtures etc., either engaged directly by the principal employer or through a contractor stand covered.

If the contractors' employees are engaged on any work of the factory or establishments out-side its premises, the factor of supervision of the Principal Employer or his agent is considered necessary for the purpose of such employees coverage.

Even the paid Directors of a company are "employees" if they are in receipt of salary not exceeding Rs. 10,000/- per month. However, a proprietor and working partners receiving salary are excluded from the coverage.

Part time employees employed on contract of service are also employees.
Rgds
jaleel

chandro2008@yahoo.com - Member Since: Sep 2011
Dear All Can anybody let us know that the DLC office address in Gurgaon (Haryana) Now i want to file under various act returns etc... can any body help for the same.. Tara Chand Sr. Exe-HR

R.N.Khola - Member Since: Feb 2009
Dear Tara Chand,
The office of the Deputy Labour Commissioner, Gurgaon ( Circle -1 & 2) is situated near PWD Rest House & opposite Commissioner's Office. According to me only one half yearly return (Form 20) is to be submitted by the contractor covered under the Contract Labour ( R&A) Act, 1970 & the Haryana Rules made thereunder as DLC is also working the capacity of Licensing Officer under this Act & thus we are not to file returns under various Acts with this office.
R.N.KHOLA
Sr. Associate (LL&IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Welcome Skylark Associates
Quote:
Originally Posted by chandro2008@yahoo.com View Post
Dear All
Can anybody let us know that the DLC office address in Gurgaon (Haryana) Now i want to file under various act returns etc... can any body help for the same..
Tara Chand
Sr. Exe-HR

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