Madhu.T.K
Industrial Relations And Labour Laws
Anurag Jain
Hr Manager
+1 Other

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Is there any board or authority in India where we can file complaint against software companies. Can anyone provide a link Thanks Rajat
From India, Delhi
Why not? Software company is not some thing which is considered as preferred group against whom no action can be initiated. They are also registered under the State's Shops and Establishments Act or Factories Act (though it is disputed whether it should come under Factories Act or Shops and Commercial Establishments Act)The Industrial Disputes Act is applicable to them also. If it is covered by EPF, then any complaint regarding non remittance of contribution etc shall be registered against the company before the EPF Organisation. Failure of non remittance of employees' share of contribution deducted from the salaries of the employees will lead the Managing Director of the Software Company behind the BARS.

Therefore, depending upon the nature of complaint ( I presume the complaint is pertaining to HR or issues connected with HR as the question is posted in citehr.com, especially in Labour and Employee Relations forum of citehr) you can make representation before the State or Central Labour Department who has granted registration to run the company, Enforcement officer or Asst. Provident Fund Commissioner etc.

Regards,

Madhu.T.K

From India, Kannur
Hi Madhu,
My company has 30 employees. It is a small IT company in Gurgaon. They dont make any pf contribution and the ppl working dont have pf accounts. Is it legal ?
I think pf deduction and contribution is a must.
I even asked my manager about it, he says that it is not must for a company of this small size(30 employees) but according to pf rule i think a company havong more than 20 employees has to contribute towards pf.
Also, all the employees working here get their salary paid through online transfer. How can the company hide the no of employees on roll since the salary transfer is happening through bank ???
Please give your suggestion.
Thanks a lot.

From India, Delhi
An establishment employing 20 or more employees is expected to be covered by PF. If there is any illegal relationship for the company authorities with the PF authorities the company can keep away from all these legislations even of they employ 300!!
Regards,
Madhu.T.K

From India, Kannur
Hi....,
We are agreed with Mr Madhu. But further required to know,
1. whether all the employees are on the payroll of same company or shown under the payroll of different companies within the group?
2. What is the basic salary level of employees ?
Can you illustrate the sitaution clearly?
Is there any dispute on certain matters with management policies?
We may put some suggestions if the reasons and intentions are clear.
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From India, Jaipur
Even if there are employees under different payrolls, the company will be covered by EPF Act provided that all employees including employees on contract or outsourced but working in the establishment taken together number 20 or more. But those employees whose salary does not exceed Rs 6500 will be covered by PF. Salary for this purpose means basic salary and dearness allowances (if any). If you have only one employee satisfying this condition then that only worker will be covered. Normally, in IT companies especially, the salary will be very high but their basic salary would be less and there may not be any dearness allowance in the salary. If that is the case, there is every chance that many will come under PF fold.
Please remember that for coverage all employees working in the establishment whether on Fixed Term Contract, Casual, on contract with others including security staff or in different payroll will be taken as employees of the company.
Regards,
Madhu.T.K

From India, Kannur
Hi Anurag,
1. All employees are under the payroll of the same company.
2. The basic salary is high here, it ranges from 8000-14000 or so.
The company hides a lot of things from us like their policies etc, exploits the employees and creates problems for small things. there is no transparency here.
you can post if you have more question.
Thanks

From India, Delhi
If the basic salaries of all employees are more than Rs 6500, then none will be covered but still the establishment will come under EPF Act and once any employee joins with a basic salary of not more than Rs 6500, say an Office Boy or a Security Person, the establishment should pay contribution in respect of him. In respect of others whose basic salary on the date on which the establishment become coverable due to the reason that the number of employees exceeded 19, exceeds Rs 6500, the employer has no obligation to give coverage.
Regards,
Madhu.T.K

From India, Kannur
Thats ok if the employer has no obligation. But in this company, we dont have PF accounts. Neither the employer is contributing nor they do the employees have PF account. Even if the employer is not obliged to contribute, i think PF account is mandatory since the basic salaries are more than 6500 and the no of employees is over 30.
Thanks

From India, Delhi
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