Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Hardik K. Shah Officer

Respected sir,
I Am Working In manufacturing company As HR Exe.
Please Sir Can you guide me If Company Mention in he APPOINTMENT LATTER that after probation period the employee is liable for getting all benefits like PF ESIC Leave And many other benefits but if the Employer Fails To do Such what the legal Proceeding can take place by Employee Against the employer
and their is any legal code in the law????????????
please your suggestion is very useful for me..please guid
Hardik Shah

From India, Mumbai
1. Completion of probation period of an employee has no relevancy with his/her getting benefits under provisions of EPF & MP Act, 1952 and under ESI Act, 1948. What is required, is that the said employee must be covered or coverable under provisions of above Acts.
2. At present, there is no qualifying period or length of service in order to become an "employee" under above Acts. However, under ESI Act, 1948 entitlement for some of benefits is based on payment of contribution for some minimum selected period.
3. Further the employee who joins the employment is also entitled for leaves of any kind as provided in The Factories Act or under the Shop & Commercial Establishment Act (of the concerned State where the unit is located). I hope, you will study the provisions of above Acts and if there is anything to which the employer is not making compliance, you can represent to the authorities as created under above Acts and rules/regulations framed thereunder.

From India, Noida
What harsh said is correct

Let me add a few points :

- Provident fund is to be paid for every employee from the date they join the company as an employee, even if it is for a single day. The only exception is if he is an apprentice under the apprantice act, under NEEM or under the standing orders. This exemption does not apply to any other trainee, by whatever name called.

- ESIC applies to all employees except those who are apprentices under apprantice act or NEEM. However, if not covered under ESIC, they are covered under employee compensation act. So you better have an insurance cover for it.

- leave under factory act comes into effect only from the next calander year. So, if a persons probation gets completed after the next calendar year starts, then he will be entitled to take leave accrued to him even under probation. For those whose probation is over during the calendar year, you have to include the period of work as probationary in computing his days of leave (1 for every 20 days worked)

What the employee can do ?

- file a complaint under PF act with the commissioner

- file a complaint to joint director, ESIC

- file a complaint to factory inspector or labour commissioner under factory act and under oayment of wages act.

From India, Mumbai
Sir ,
What the meaning of NEEM
Sir in the pf Rule if In The Employer Request In the PF Office that if they decuct the pf of every new employee After probation period And they can give such permission than the employe is escape still the probation period
Thanks & Regard
Hardik Shah

From India, Mumbai
Neem is national employment enhancement mission
The notification was passed in April 2013 but implemented now seriously by Modi government.
It's an alternate to the apprantice scheme, with less regulations and applicable to all work, not just engineering students.
Please let me know under which provision will the PF office allow a waiver of deduction rules ?

From India, Mumbai
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