PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Freelancer In Hr &indirect Taxes For
Nagarkar Vinayak L
Hr And Employee Relations Consultant
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umakanthan53As it is since the poster did not belong to the cadre of workman, he can not seek any remedy under the Labour Laws except gratuity under the Payment of Gratuity Act,1972 for his alleged grievances against the management. The claim for gratuity also does not arise in view of the short stint of service with the management. So no qualms about the inaction of the Labor Officer on his complaint.
At this point, what remedy the poster wants to have is not understandable.
From India, Salem
urmik-gohil1Dear Mr. Umakanthan.M
Here the problem is not about approaching the labour Department for getting the FNF or any other sort of things its about the violating the laws set by the Government. They are making the mockery of the labour laws just to fill their pockets.
neither the workers are paid over time as per the rule neither the governed leave rules are followed.
Secondly the approved shift approval is only for single shift however the operations is 24*7.
Workers are paid on piece rate.
There is no permanent employment existing in the company.
PF ESIC are all manuplated. Factory license is of 500 employees including 30 female employees however female employees it self is more that 100 and there is no creche nor remedial center available.
umakanthan53Dear anonymous friend,
I was under the impression that your post is a verbal conduit explaining the unfair and indecent treatment meted out to yourself as a result of which you had to put down the papers which again was not peaceful and smooth. Now only it strikes me that your major concern is the management's gross violation of the existing labor laws. Having been an Asst.Manager -HR&Admin in that organization for some time, don't you realize that you were also part of that system? In stead of making any attempts on your own either directly or indirectly by adopting some appropriate tactics during your tenure itself, you venture to describe the sordid state of affairs and decry the inaction of the Government Officials only after being victimized. It is discernible from your subsequent post that you have a thorough knowledge of the Labor Laws applicable to the said establishment and as such it is easy for you to pin-point the violations. What prevents you even now from approaching the Inspectorate of Factories and the EPFO and the ESIC with such clear cut complaints?
From India, Salem
urmik-gohil1Dear Mr. Umakanthan.M
i do agree with your point but do you think that the official would entertain.
As have tried getting in touch with the Factory Inspector, EPFO Enforcement officers and have also logged grievance on the Labour online portal. Now after me getting into it there are employees from the company who are treated ill are also ready to get along and wanting to get their settlements and other things.
Rest all depends on whether we would be entertained or not .
Thankyou so much for outlining.
Nagarkar Vinayak LDear Colleague,
If you are concerned about the blatant violations of labour laws and injustice being done to the workers more than your personal grouse or injustice meted out to you, then you write to authorities anonymous letter giving facts about each breach and request them to inspect the same and that is all you can do . If you want to be vindictive, get hold of known Union leader to enter into to teach them lesson.
Don't go overboard as you are also concerned with your own career.
You know how corrupt the labour administrative machinery is because of which such violators of law continue to go scot free. One is powerless to do anything about it as you yourself could not bring about any change as HR/Admn head.
From India, Mumbai
bijay_majumdarThe issues narrated are not new and the appropriate authority may be aware of the facts. Consider taking up issues with the help of union leaders and with local media. Also suggest exercise caution in the process because its sensitive and need utmost care in handling such issues. You Being once the part of same company it is likely that things could bounce back to you at some instant.The complete history of the company and study of records must prove the facts and not just because you say so.It is also likely that some hand in gloves relationship may be existing which may create problems to you in person.
I suggest be careful.
From India, Vadodara
Vijay PrasadDear Friend
Your Case is typical , though such practices are followed in most establishments. Here though ID act may not be applicable to conciliate your proceedings by Govt Labour machinery . This is a dispute between an employer and employee hence the labour Commissioner should intervene to sort out the disputes. Even if otherwise you can file your complaint before National commission under Human rights act . Hpefully you will get better results and will find peace of mind
From India, Indore