Hi

I request you to suggest me after reading my case.

I have joined as Office assistant for Rs.1750 per month in a retail showroom on 30.06.2003 and resigned as (from 2006) Assistant Manager (But the nature of work is ISO implementation like clerical) on 2.2.2009 in coimbatore Tamilnadu.

My employer has deducted the ESI and PF cont from 1.10.2003 onwards to till resignation but I was transfered from one branch to another branch without any notice on 1.1.2008 and till 2.2.2009.

All 365 days the showroom will be open and all the employees must be present on all holidays but there is no double wages and any other benifits as per rule.

We can take only 4 days week off permited by the company in a month but if we take 5 WO in a month as per calender then they will deduct 2 days salary for one day excess.

Presently the problem is.....

I have resigned my job by mentioning all unfair labour practices of the company and requested to give full and final settlement.

After my resignation the company has purposely deducted my last month salary (01.01.09 to 31.01.09) to reduce the gratuity amount by saying as phone leave and they do not have my sign on the leave card for those leaves. The company has anounced holiday on 14.01.09 for pongal and i have taken 2days leave on 1st and 2nd January by sending leave request by email. after my resignation the company has given releaving order without any condition on 09.02.09.

My Salary as on January 2009 is Basic 10000+ DA 1000 and regular incentive arount 1000 based on total sales.

Working hour is 8.45 am to 8.45pm and only 20 min lunch break. but in the duplicate company records they have given daily 4 hours rest in between the actual working hours without my sign.

Total Working days of the company 30 days
I have worked 28 days including all sundays and N/F holidays in January 2009 Except 14 January 2009.

But the company paid only Rs.9027 as January month salary by bank cheque. when i asked for details for the Rs.9027 the management given a reply by letter that all deductions were made legaly. thats all and no further details like pay slip. (from 2007 part salary paid through bank as per ESI PF and part has given as cash and from 2008 onwards full amount paid through bank)

I have filled a complaint to the labour officer in coimbatore. (Is it right?)

But the company is saying that an assistant manager cannot complaint to the labour officer and the workmen only can make a complaint. and also company says that I have resigned and rejoined in the other branch so i have not completed 5 years for gratuity but i have not resinged and rejoined actulay and they dont have such proofs.

I have never received pay/Salary slip from 30.06.09 to 2.2.09

I did not get any CL, SL, ML, EL, OT etc., at the time of my service.

I did not get any traveling food alw on night travelling and no salary for travelling on nights

I did not get bonus in those periods.

I did not get gratuity till date.

Can anyone please suggest me about the calculation of my last month salary as per rule and gratuity amount?

Can i claim any compensation for the unauthorised deductions made from the date of join to date of resignation and how much i should apply?

Can I claim for the NH and FH and Sundays which I have worked for the period 30.06.2003 to 2.2.2009?

I have my application photo copy to prove my DOJ as 30.06.2003 with manager and MD sign and last one year bank statement and Also company has shown my gross salary as 11000 in ESI PF Records.

The management is showing all the sundays as holiday in their ESI PF records by making all duplicate records with all duplicate employee signs. I have never signed in those registers and records. but in the accounts ledgers they are showing as sales happened on sundays and retail sales bills also made with the employee code numbers on sundays and all national and festival holidays. every one knows that the showroom is open for 365days. Labour inspectors also noted in the inspection register that the company has not provided sunday as holiday.

The company has never given a memo and suspension and advacne and charge sheets. My record is 100% pure in the company. the company is one of the biggest retail textile in Tamilnadu having all supports from top to bottom of the govt by giving something.

Can anyone please suggest me to make right steps in my case? Is there anything needed as evidence to make my side stronger?

If you need further about the case I filled in labour office, I can send directly to you.

Expecting your kind help in this regard

Thanks & Regards
Muthu

10th August 2009 From India, Coimbatore
Dear Muthu, You can check with Labour Commissioner for further action and also you can file a case against your employer thro' an advocate.
11th August 2009 From India, Mumbai
dear
represent your case through advocate.you are workmen as per ID act by seeing your nature of duties.but you are complaing these things after resignation,why it was not brought in the notice of authorities earlier.
j s malik
31st August 2009 From India, Delhi
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