Labour Law & Hr Consultant
Management Consultancy
Freelancer In Hr &indirect Taxes For
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
+2 Others

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I want to know if employer does not give someone salary on roll more than eight to ten years and not given any facility of provident fund etc and after leaving the job can employee claim compensation through government authorities by written complain for not giving facilities for such a long time and how because today this is quite a big problem, as so many employer are not giving salary on roll to their employee.
From India, Chandigarh
How will you prove that you are entitled for salary? Was your name on the muster rolls of the company along with the others? Only in such case you will be able to fight with the company. All you have to approach govt labour office of your area & seek their guidance in the matter.
From India, Mumbai
Is there still bonded labour practice, difficult to believe or is it a hypothetical situation. In case this is a real issue, then this will be highly sensational and the Supreme Court/High Courts are not likely to make any delay in taking appropriate action once it is brought to their notice. Article 23 of the Constitution of India prohibits forced labour and the Supreme Court has acted swiftly and categorically in such matters in the past. The remedy under labour laws is there but approaching the constitutional court would be the faster and effective remedy. NGOs like PUDR, PUCL have made a name in this field of litigation.
From India, Mumbai
dear friend,
you are pulling a great sting, are you sure some of the employee have not received salary for the last 10 years and left without compensation? sure, collect the details and put the case in clear shape under the labour law,,,

From India, Arcot
dear gopinath ji received salary but in cash mode without any kind of facility like esi and provident fund, what we can do in this case.
From India, Chandigarh
IF an employee doesn't get is salary for 2 months,he starts making hue n cry with employer.How come after these many years you brought this issue on this platform.Your case is sensitive,Will require lots of clarity on employment and documentary proof to make the case strong and genuine.Our seniors here can only give comments subject to complete availibilty of information.
From India, Vadodara
Can some body give details of NGOs like PUDR, PUCL to enable us to contact them
From India, Mumbai
PUDR & PUCL have their web cites and information about them is available therein.
From India, Mumbai
Dear friend,
Such a practice is quite ubiquitous and in vogue due to the heavy incidence of the unemployment problem in organized sector. Unscrupulous employers make use of this to keep some employees off-rolls for years together and the employees also remain tacitly patient under the hope of regularisation of their services one day or other. This is an unfair labor practice on the part of employers as defined u/s 2(ra) read with the list at sl no.10 of Part-I of Schedule-V and prohibited u/s 25-T of the Industrial Disputes Act,1947. But, being an accomplice to such a forbidden practice for years together for whatever reasons, how will you prove it later when you leave the job? An employer of an organized industry normally will have several unorganized supportive business ventures like shops supplying raw materials, transport facilities that are outside the purview of the social security legislations like EPF, ESI,PG Act,1972 either in their own names or in the name of his/her relatives. You might not know actually where you were employed. It is very difficult to prove and get back all the due benefits you lost by instituting any sort of litigation.

From India, Salem
I want to know if employer does not give someone any facility of provident fund then after 2 years leaving the job can employee claim compensation through government authorities by written complain for not giving facilities for such a long time.

From India

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