Saswatabanerjee
Partner - Risk Management
Ashoknegidi
Training Operations - Csr
Prasad.varakala@spandanaindia.com
Manager-hr Compliances
B K BHATIA
Director Of Company
Loginmiracle
Consultant & G.m.
Sushilkluthra@gmail.com
Consultant In Legal Matters
Rupak Saha
Medical Representative
Sadafperwaiz
Cruise Counsellor
Abhinic1206
Project Manager
Jayanik
Sr Manager
Sharinsereena
Associate
S Vinod Kumar
Vas Asssociate
PARIDHI CHAUHAN
Hr Executive
+8 Others

Hi Seniors,
My employer is not following any rules related to Leaves and Maternity Act and keep employees in probation period even after 1 year where standard probation in our company is 6 months.
Please guide how can the employees file legal complaints regarding the same issues.
From India, New Delhi

Hi, When did you join that organization ? why do not you search for another job ? its not good compliant why means " is it not shows impact on your exit formalities ? Take wise decision.
From India, Hyderabad
Hi Ashok,
Thanks for showing concern about my future, but at this stage leaving this company is not good for me. I'll leave it after some time but want to know, in case I want to do a legal complaints, how to go about this?
From India, New Delhi
Dear Ms. Jyoti Mudgil,
When an employee has been facing incessant issue with the employer, thay may seek assistance/approach the Labour Commissioner office and report the statement to the concerned.
Every employee sustains leaves as per the policy and employer has no right in discerning leave priviledged to the staff. The conciliator will have the issue resolved to the best.
From India, Visakhapatnam
I Agreed with Sharmila madam's opinion, you can register the compliant in labor office.
Go there with full details like in which area you will come and how many employees with your present company and under which act you company will comes like this.

From India, Hyderabad
Dear friends,

As all of us know, large no.of employers default in observing legal provisions, evade taxes, deny employees benefits, leave etc. These we see every day thro' the helpless and exploited employees despite strict labour laws & rules in force in India. It's expected of every affected employee to inform & lodge complaints with the appropriate law enforcing authorities for redressal of their grievances. For fear of backlash many ignore their rights. What makes things worse is many and many central and state govt. depts. & PSUs are committing such heinous crimes. Everybody should be aware such commissions & omissions are illegal, punishable not only with fine but also imprisonment to those responsible, attaching of their properties etc apart from making good to the complainants. So compliance like EPF, ESI, Gratuity, bonus, leave, minimum wages, etc. should be made to be implemented and to make things happen there lies greater responsibility on the employees and their unions concerned .

kumar.s.
From India, Bangalore
Before to make the compliant against the employer, first its HR Head responsibility to give a hint or information to the management about the issues and to convey specifically its burning among the employees. Based management reply or re-action, then to decide to bring this issue to the labour dept.
Regards
Raji
From India, Chennai
Labour inspector from the Labour Department are employed for the well-being of the employee issues and there is no fee as such. Your detailed complaint (letter) should consists of all the evidences and signatures of the employees, also make sure to take a copy of the letter received from the conciliator/ labour officer for further enquiry.
From India, Visakhapatnam
Hi Jyoti, i think your company is not so established if, they will follow all statute norms , in this particular case better you request your management & convince.Labour department will prefer only Labor issues, i think you are getting more than 15k otherwise E S I Maternity benefits may applicable to you.
From United States, Cambridge
Please relate with your HRM and if you are not satisfied with his/her decision, i will advise you go the Labour Ministry.
From Nigeria
Confirmation at the end of probation period is not mandatory. Employees not delivering the desired level of performance can be given another chance to improve their performance by extending their probation period. This has usually to be accompanied by proper counseling.
If a formal communication has been made by the employer about an extension of probation period & if provisions of statutory compliance like EPF, ESI etc.. are not being violated by the employer, this extension of probation period can be deemed to be a notice by the management for separation from the company.
From India, Delhi
I think there is a judgement by Supreme Court that employee who have worked more than 240 days will be deemed as confirmed employees now. And if employer wants to extend the probation period they need to give this in written to employee after end of firstly mentioned probation period. Please show some light upon it.
From India, New Delhi
Jyoti, it appears you are referring to some judgement by Supreme court with respect to confirmation of Govt. employees. In private companies, norms of separation are a part of the Appointment Letter. These norms (called terms & conditions of employment) include the provisions of breaking a contract, since employment is a contract between the employer & the employee. Assuming there is a provision in the terms & conditions of one month notice from either side (or salary in lieu thereof) for separation from the company, there is no obligation on the part of employer to retain an employee, irrespective of his/ her being a probationer or a confirmed employee.
If you are in a position to share a copy of the supreme court judgement, it may be worth studying. If you can not, please don't make any arbitrary references.
From India, Delhi
Hai friend,
u donot go in compliant nature from the beginning of probation period. First u go through the rules, procedures or interact with ur hr personal for clarifications. Over and all taking in to the consideration of the situation then it is better to think to take the assistance from outside. It is also necessary to submit the evidences to outsider to prove ur case is geniune or not for that also u have to be thorough with ur company rules then only u can give compliant otherwise u will be in negative shade. U have to rise ur voice cool and clam then u will get success.
From India, Visakhapatnam
Dear All;
Read various comments. Most of them suggest to approach labour department.
I wonder whether this cite is for HR officers or for workers and union? This cite is for HR Officers, as I know.
As HR Officer it becomes your duty to properly guide your employer. Do not act against your employer. It is your skill how you persuade your employer to follow minimum legal formalities. It is true that business is difficult and employers evade legal provisions. But that is their compulsion. Government Officers are to implement legal provisions but admittedly, they fall short of their expected duty accomplishment.
Dear, open your eyes. Use your skills. Do act like a management officer and not like a worker and union.
Vibhakar Ramtirthkar
HR Consultant
SVR Associates

0 9371001906
From India, Pune
Dear Vibhakar,
In India most companies at small level do not follow rules and regulations. All the employer know that they are doing wrong practice, untill and unless they start valuing their employee (which they rarely do), they will not get convinced to follow the rules. A person should show some interest in the topic, after that only you can convince them. Other wise legal process should be followed, so they get a bit threatened, and do change a bit.
You can use your skills surely, but interest of employer should also be there to listen to you.
From India, New Delhi
#Anonymous
Just tell that employee to leave the job if his views & management views does not match.
I will tell you what will happen when employee will go to the labour court. They will call that employee and Factory manager/Owner they will try to settle the despute.
Your Factory manager/Owner will accept it but what next....... that employee will definately face problem. Management may stuck him in some wrong case. they may terminate him with some serious remarks.
We cannnot tell. what if management managed Labour officer. what will happen to that employee............
So better not to get into this leave the job.
From India, Hyderabad
please read the maternity act.
it is very simple that one has to apply for maternity leave in proper format.
submit it to employer and take his signature,he will follow it.
without following the procedure employer is not bound to pay .
labour office should also be informed well in time o avoid further complication.
take him in confidence an dur problemwill be solved.
no body can terminate ur service. satish verma nashik
From India, Nasik
Some times I marvel at the posts that are out up !

What is your actual problem ?

- not getting leave ?

- not getting maternity benefit (are you pregnant ?)

- not getting confirmation ?

- all of the above ?

Are you being denied confirmation ? Or are you just not getting a confirmation letter ? Have you asked the owners for closing your probation period (there may be performance issues). Have you thought of what defence the company can out for not confirming you ?

Also, most small companies do not bother with paper work and instead concentrate just of their work. If your company is like that, have you checked whether you are confirmed or still on probation. Mostly, a chat with your boss helps resolve such things and you know clearly where you stand. Who knows, may be the matter just skipped his mind as he is used to have you working there and your status was never in question.

If you do not need maternity leave, then what is bothering you ? Let the others to whom it applies bother. You should concentrate on what is important to you.

You are not willing to leave the company though you feel it's a bad place to work. That's really funny. Do you think the company is going to smile and say hello when you file a complain ? Thy will terminate you or simply kick you out and you can't use the experience as they will give a bad review during future background checks.

As for the effectiveness of the legal proceeding, others have already given you a glimpse of what will happen.

I wonder why people are so eager to go for legal action for minor things. When u r at the start of your career, focus on learning and growing so u can get better and more paying jobs. When u r more experienced, the simply chose to work with companies that give you the environment that you want. If you can't get that type of work the probably it's because you are it capable of it. Focus on improving that.
From India, Mumbai
Hi Saswat,

My problems are all of the above and yes I do need maternity leaves. About the point of confirmation, you are still somewhat right about the chances. But I am into the HR of this company, and including me other employees are also suffering from these issues. Not giving even a single leave in probation period of at least 6 months which generally goes beyond one year as well, not forwarding the EL of confirmed employees in next year. When people come to me with their issues and I present in front of the management, they ignore it and simply say that we have this policy and it'll not change. How should I solve this? Yes, I would be requiring maternity leaves after some time, that's why I can not leave this company at this time and can not join any other company as well. So I think it should not be a funny case about my situation. I am concerned about me and other staff members as well that if they do not provide maternity leaves so ultimately one has to leave the company because a gap of 3 months will not be given. So when you ultimately need to leave the company so why not get your rights through legal process. Company is not giving any kind of benefit so they should be taught some lessons any how, if it is ultimately harming you without taking some actions as well.
From India, New Delhi
Sir,
One of my colleague gets confirmation after 2 and half years and that too after confirmation lowest ctc that too with out backlog of delayed confirmation. As on date his CTC is 1.30 lakhs, lowest in the company and the new guys working with him in the same category much junior to him, after confirmation are getting 1.80 lakhs. Management does not entertain his grievance. Where to lodge complaint and how to overcome this loss?
From India, Kanpur
Jyoti

I somehow missed replying to you

I am not sure if the reply now has any meaning, but still .....

You are stuck between the hard and unpalatable options.

You being the HR rep will always be questioned by the employees on their needs. If you can't convince the management, then you will have to accept their stand and inform the employees. Normally, I would suggest that you should not join a company where you don't like the HR rules or to leave, but that is not an option for you either at this time.

No leave during probation is common. And the duration of probation can extend if the company requires or wishes. If they valued the employee, they will confirm him early. If not, they would not care if he left. There is no law to prevent it.

Maternity leave is required to be given by law

You can chose to fight format when you require it. Trying to do something now would result in your termination. You would be protected from termination after you are pregnant. Let others who need maternity leave fight it at this time. Let them file a complain without your intervention. That is in your benefit not to get involved at this stage.

I hope you realise that the company will react to you badly if you try to take up an legal action. Do you really want to take up a stress of that kind during pregnancy ? Even if you win, you will be terminated immediately after you complete maternity leave. So at best you will gain 6 weeks paid leave (or 12 weeks). Be sure that is what you want.


From India, Mumbai
It's the company's choice.
If they feel he is not worth it, they will pay him less.
If he thinks he will get better elsewhere, why did he wait 2 years ?
Let him get another job and leave.
Except in government jobs, there is not concept that you get paid more just for having worked a certain number if years,

From India, Mumbai
Dear friends,

All said and done denying a justifiable maternity leave to a pregnant female should be viewed sympathetically rather than with a legal angle or with a business mind. Once a firm recruit a female employee they are well aware she will get married, bear child(ren) and all associated happenings. Where is the question of looking at this with different way. If she is to be given she should be given. If she is denied or grant it without pay has got its own problems. Imagine what happens, if she were not to seek even a single day of maternity leave or any other leave, and imagine she delivers at her office desk itself. Strange but tit for tat. May be the firm not only would have to bear all the expenses thereafterwards, not only that even the compensation if arises for handling this issue very badly. Hum India is India. I would suggest a very careful but calculated move. Let her not apply any sort of leave, bear the troubles of coming to office, but take care of both's health. Don't murmur, don't apply for leave, don't fight for anything, just behave as if nothing has happened. Who knows the very same firm would be pleased to reach her all the help needed at the appropriate time. Not only leave but also the citizenship of the firm having taken the birth within their premises. Humane did not die in India. God will answer her prayer, let me not sound sentimental. Pardon me, it's very difficult for her, but I mean it.

kumar.s.
From India, Bangalore
Helo sir,
i am employee in special edition, btm layout.
1 month they gave 7000 rupees
2nd month they did gave any salary
i returnhome kerala
they say that they transfer money in 1 or 2 days
but no money transfer. 1 month now. no cash
plz give
From India, Thrissur
Sir, I already leave my company approx 5 months back but till date company not settle my account full and finally. HR told that they are in financial crisis so they will settle my account as soon as possible.Many times I called him,but he was not attend my call and in head office nobody was attend my call every time. now I am working in a new company but my previous company was sold their most brand to a Gujrat based company with huge monetary transaction ,they are refuse to take me and my few colleagues. My previous company get huge money to sold their products but hr tolds that they are in a financial crisis. What I will do? I am in a big trouble without money.
From India, Delhi
Dear Saga, Approach the inspector under the State Shops and establishment Act for getting paid your dues of salary because it is his duty under the Act to ensure compliance of provisions. If your claim is time barred under the Act, then if you were a workman, approach the labor commissioner under the ID Act or file claim petition before labor court. If your employer was running a factory, then file claim petition under payment of wages Act or approach inspector therein. If non of the above is applicable file suit before civil court for recovery of salary dues.
From India, New Delhi
Hi,

I was with a Travel Company from Nov 2011 and left the job in sep 2014 as per the company rules I had to serve a notice period of 2 months for which I did paid them by working 1 month without salary and paying 1 month salary by cheaque.
Now after several mails and calls they are not sending my release letter and no update on my PF amount.|
Since I have join a new company in October 2014, they have sent me an EPF form to fill with all the details and also about UAN details if I have.
My previous company use to give half amount in cheaque and half in cash to protect there tax or something so automatically my pf also showed up less.
There are many other employee in the same organization who have faced the same scenario and have not been given pf. When it is totally clear that nobody can take pf then how come they have the guts to do so, they have several consumer court complains for there services, they also do all the frauds in there accounts to protect there income tax portion.

I really want to get my hard earned money back and if possible i want to put a complaint against them for this.
Awaiting your kind revert.
Please help!!

Regards,
Sadaf
From India, Kolkata
Dear Sadaf,
Pl refer to earlier post titled "how to recover PF from closed company" recently on the site, and similar posts. Pl adopt the method elaborated there for recovery of pf. If still you are unable to get it pl write back.
Thanks
Sushil
From India, New Delhi
Hi Team,
I left Technosoft Global services pvt ltd on 16th Jan2015, due to emergency i had requested them to process my full and final settlement by first week of feb 2015, even i got a confirmation from finance team that they will be processing it by first week of feb 2015. Then when I asked them on first week of Feb 2015 they started playing that, they haven't recieved something or other and till now they havent confirm me so please let me know what would I do? Its very very frustrating and I am thinking of logging a complaint on labor court.
Please help.
Thanks,
Abhishek Mishr
From India, Bangalore
Under section 41 of TN shops and establishment Act. after an employee has rendered six months service, he cannot be terminated without reasonable cause. Approach the inspector under the Act if aggrieved.
Thanks
Sushil
From India, New Delhi
Hi sir/madam I m working in a ltd company. And i have completely 7 month working there. And company paid me salary only for 2 months. What should i do please suggest me.
From India, undefined
#Anonymous
Hi

I worked in an organisation for 8 months. I got permanent after 6 months of employment.My performance was not good in organisation ,so i got Performance Improvement Plan from employer,I finally gave resignation as i couldn't achieved target,i had communicated to HR that since i don't have job in hand ,i will serve the eligible notice period of 3 months,they agreed but relieved me in a week time after resignation.There was a customer complain against my organisation during my notice period but i was held responsible by citing incomplete information to top management as my boss and super boss don't wanted me to serve the notice period.

As per the offer letter,termination with immediate effect may be made by either party by paying amount equivalent to 90 days of salary in lieu of notice.In event the termination with notice is at the instance of employee ,the organisation at its sole discretion reserves the right to waive off the notice period in full or in part.

As the employer has relieved me before notice period without my consent ,in this case can i claim for notice period.I am not greedy person ,but i feel i am cheated by organisation .

Request to kindly advise .

Regards

Mayank
From India, Jaipur
hi sir my ex company gave a bad feedback for the verification to the new company which i joined...and more over under 18 is also working in the company which is against the rules
From India, Hyderabad
Hi
I Worked 5.6 yrs for a Company, one day suddendly our HR called me asked to resign on the spot by showing silly reason. I accepted their option, but the problem is they had not paid 2 months salary after resigning according to the rule. As Worked for 5.6 yrs Company should pay gratuity. Not even the gratuity amt was refunding. Pls help me so that my amt will be claimed.... Its a humble request
From India, Mumbai
You need to approach your Labour Commissioner regarding gratuity and payment related problems.
.Before that give a written complaint to your old company listing out the problem areas and non payment issues.
If no reply is received then quickly approach labour authorities in your area.
From India, Pune
Guys i have a complaint on employees. If employees didnt even complete 3 months in a company if they just walk out of company with out completing notice period what kind of complaint employers should give. Some one please suggest Me.
From India, Mumbai
Why are employees leaving so fast?
Any problem in the company policies??
Try to build your company into a nice place to work.businesses need to think about things from employees' point of view also. Also remember that employees want to know they are being treated fairly and receiving the best compensation package possible. They also want to be appreciated by employers.
Small businesses can build a positive workplace by developing new hire orientation programs. Businesses can work on creating above-average compensation and benefits packages. Strategies need to be in place to ensure successful communication and to bring about genuine teamwork among all workers/employees. Businesses/companies that work toward achieving these goals will likely experience higher employee retention rates than those who treat employees as expendable and replaceable tools.
Dont just blame employees for leaving fast,look inwards to see what is driving them out?
From India, Pune
Hi All,
I need a guidance from you, I am working as HR Executive in my company and after I joined as an HR I found that in this company they are not followed any rules and regulation of Pvt Ltd Co. even I tried to implement all the rules but failed to do it. As well they are being partial at the time of salary process, now they are fired me cause i m against of all this process and such behavior of management. Please guide me what kind of step or action I can take as I have that fear also that they will create some problem at the time of my F & F
Thank You.
From India, Ahmedabad
#Anonymous
Regarding leaves you can complain HR about manager for not approving leaves.
Regarding Maternity - Whats the count of your company? If more than 20 than your company has to provide the benefit and follow as per Maternity act.
Regarding Probation - Your manager has to share an email to HR that your performance is good and raise a request to make you regular employee. So that HR can give you a formal letter confirming your services.
From India, Hyderabad
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