Shop pays in cash. It does not maintain any registers. Boss writes wages on his dairy and takes our signatures in dairy. Maintains attendance also in dairy only (no signatures). After resigning, coworker complained to authorities on boss regarding no leaves being given in final settlement. Boss helps us by forgiving few leaves always. He cuts from salary if too many. No system of any leave application. No system of any CL,SL,EL,etc. Just boss is always helpful, but friend says he can make money because shop doesnt follow any rules or paperwork. Boss has no proof that friend was paid less because of leaves. How to help our Boss? Is he in trouble?
From India, Bengaluru
Labour Law & Hr Consultant
Management Consultancy


Non-compliance in utter disregard of the applicable Laws & Rules by any individual would certainly result in such great difficulty. Just you ask your boss and then he would ask very intelligently about the proof of employment of the individual in his establishment. Better, if he would listen, advise him for a negotiated settlement.
From India, Salem

boss has given appointment letters and pf and esi for every worker including my friends. boss asked me to talk to my friend and tried to resolve, but since dairy is maintained, friend is telling he will say wages are also no paid to me and harass. He is even advising me to do the same, but im against it. I have already advised boss to maintain registers for future, but how to solve the current problem?
From India, Bengaluru

The situation is that Boss has paid salary on the basis of his entries in the diary, but no attendance register is maintained. It is not necessary to have daily the signature of the employees in the Attendance Register, if they are even otherwise marked present would do. The only thing in case of signatures is that it is an undeniable evidence of being present/absent. In reply to the complaint, the relevant extract of the diary could be produced and it could be defended. Although there is infringement of Shop & Establishment Act, but the punishment for it is meagre. The Boss doesn't have to succumb to such blackmailing, instead start compliance at the earliest.
From India, Mumbai

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