Can Managers and Candidates File Complaints with the Labor Commissioner? Seeking Urgent Advice

Dear all,

Kindly advise on the following issue:

Q1. Can managers and candidates at the above level lodge a complaint at the labor commissioner's office?

Please provide me with your feedback on high priority.

Thank you.

Bala Panmand

Dear Bala Panmand,
The manager's complaint can also be entertained & heard by the Labour Department if he is covered under that particular Act for getting any relief. For example if is covered under the definition of employee under the Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, & Punjab Shops & commercial Establishment Act, 1958 etc. then he can file his complaint before the Appropriate Authority of the Labour Department.
Submitted as requested.

R.N.Khola

Dear Sir
Thnx for your update.
Full & final complaint can lodge to the labour commissioner?
Your advise will be highly appriciated.
Thanking you
Bala Panmand

Dear,

It is hereby submitted that the manager employee can lodge a complaint with the office of the labor commissioner. If you receive a notice from any officer, you are to raise your objection at the time of the hearing that he is not entitled to get any relief from you, as the manager is not covered under such Acts. Your office does not have any jurisdiction to try and entertain his complaint on the grounds that he is not covered under such Acts.

R.N. Khola

Dear Bala,

Can you be specific with regard to your query? Mr. Kola has broadly given you correct and sound advice.

Vasant Nair

Dear Bala,

It is not the designation that decides whether an individual can approach the labor department for remedial action. If you talk about the ID Act, an individual can approach the labor department. However, as Mr. Khola has rightly said, let management argue that he is not a workman and this act is not applicable to him.

Dear All,

How can we describe the role of a Manager? Though designated as Manager and performing duties directly (excluding supervisory responsibilities), can they not be eligible to approach the labor commissioner?

I feel that a manager who is only performing supervisory responsibilities may not approach the labor commissioner. In contrast, a person designated as a Manager but performing duties like other employees can be treated as a normal employee and eligible to seek assistance from the labor commissioner.

Please correct me if I am wrong.

Dear Bala Panmand,

An employee, including paid directors, is employed by the company. Therefore, I believe you can proceed with your grievances.

Section 2(9) of the ESI Act defines the term 'Employee' as follows:
Any person employed for wages in or in connection with the work of a factory or establishment to which the Act applies.

To qualify as an employee under the ESI Act, a person should belong to any of the following categories:
1. Those directly employed for wages by the Principal Employer within or outside the premises in connection with the work of the factory or establishment.
2. Those employed for wages by or through an immediate employer in the premises of the factory or establishment in connection with its work.
3. Those employed for wages by or through an immediate employer outside the premises of the factory or establishment under the supervision and control of the Principal Employer or his agent.
4. Employees whose services are temporarily lent or hired out to the Principal Employer by an immediate employer under a contract of service.
5. Employees directly employed by the Principal Employer in any part, department, branch situated in the same station or elsewhere, in connection with the administration of the factory or establishment for the purchase of raw materials, sale, or distribution of the products of the factory, etc.

Exclusions apply to:
- An apprentice engaged under the Apprentice Act, 1961, or under the Standing Orders of the Establishment.
- Members of the Navy, Army, or Air Force.
- Any person whose wages (excluding overtime wages) exceed Rs. 7,500/- a month.

All categories of employees, whether regular, casual, badli, temporary contract, etc., fall under the covered category. Employees engaged in various activities like loading, unloading, movement of raw materials, gardening, guest house maintenance, watch and ward, housekeeping, cleaning, civil construction, repairs of buildings, erection, repairs, and maintenance of machinery, plant, equipment, furniture, fixtures, either directly employed by the principal employer or through a contractor are covered.

If contractors' employees are engaged in any work outside the factory or establishment premises, supervision by the Principal Employer or his agent is necessary for their coverage.

Even paid Directors of a company are considered "employees" if they receive a salary not exceeding Rs. 10,000/- per month. However, proprietors and working partners receiving a salary are excluded from coverage.

Part-time employees employed on a contract of service are also considered employees.

Regards,
Jaleel

Can anybody please let us know the DLC office address in Gurgaon, Haryana? I need to file under various act returns, etc. Can anybody help with the same?

Regards,
Tara Chand Sr. Exe-HR

Advice Needed on Full and Final Settlement

I need advice from you. I am now a regular employee of an IT company in Noida, where I was a contractor (on third-party payroll in Gurgaon) until March 2016. My full and final settlement is pending from my third-party company in Gurgaon for the last five months, and they are not responding to me regarding when I'll receive it or if I will receive it at all. I have my relieving letter and previous salary slips from my time on third-party payroll. I have raised this issue with my current employer, but no progress has been made. Please advise me on what can be done.

Thanks,

Richa Goel
an IT Employee