Shop pays in cash. It does not maintain any registers. The boss writes wages in his diary and takes our signatures in the diary. Attendance is also maintained in the diary only (no signatures). After resigning, a coworker complained to authorities about the boss not giving any leaves in the final settlement. The boss helps by forgiving a few leaves always but deducts from the salary if there are too many. There is no system for any leave application or any types of leaves such as CL, SL, EL, etc. The boss is always helpful, but a friend says he can make money because the shop doesn't follow any rules or paperwork. The boss has no proof that the friend was paid less due to leaves. How can we help our boss? Is he in trouble?
From India, Bengaluru
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1From India, Bengaluru
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Non-compliance in utter disregard of the applicable laws and rules by any individual would certainly result in great difficulty. Just ask your boss, and then he would inquire intelligently about the proof of employment of the individual in his establishment. It would be better if he listens; advise him for a negotiated settlement.
From India, Salem
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From India, Salem
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Boss has given appointment letters, PF, and ESI for every worker, including my friends. The boss asked me to talk to my friend and try to resolve the issue, but since the diary is maintained, my friend is saying he will claim that wages are also not paid to him and harass. He is even advising me to do the same, but I am against it. I have already advised the boss to maintain registers for the future, but how can we solve the current problem?
From India, Bengaluru
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From India, Bengaluru
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The situation is that the boss has paid salary based on his entries in the diary, but no attendance register is maintained. It is not necessary to have the daily signature of the employees in the Attendance Register; if they are marked present otherwise, it would suffice. The only significance of signatures is that they serve as undeniable evidence of being present or absent. In response to the complaint, the relevant extract of the diary could be produced and defended. Although there is an infringement of the Shop & Establishment Act, the punishment for it is meager. The boss doesn't have to succumb to such blackmailing but should instead start compliance at the earliest.
From India, Mumbai
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From India, Mumbai
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Labr laws for Vendor compliance Management.pdf