How To Take Legal Action Against Company

hi
in our company we r not having SL,CL,EL, and there r no leaves and when we ask leave they cutting the salary and no PF,no ESI working public holidays and sat when we joined the company they 5 days working and now they r telling 6 days working with out any leaves and working 6 days no OT amount and working 10 to 12 hrs per day when we talk any thing the lawyer will be coming in front and the probation period is for 1 yr is it the wright way the company is doing and what the action should we take against them
the company is maintaining by lady and his husband is a lawyer in high court both giving trouble
please suggest me and i am working as a hr they r asking me to be with management and i want to be with emp bcoz they paid lot of amount for the job and the management want to cheat
what to do plz help to whom i have to complaint
thanks & regards
ravi

Dear Ravi
Please contact your nearby PF Office and note down the Telephone No for registering the complaints.
Then make an anonymous call from any STD / PCO and inform the happenings. Further they will come and do inspection and insist for PF Registration (if the employee strength is more than 20) and for ESI (Employee strength must be more than 10). In case your employees strength is less than 10 then ESI and PF will not be applicable.

member count is less than 20 now intially it was 60 all of them resigned by force
and cmng to my resignation what i have to do

Hi Ravi,
Even if the headcount is less than 20 the suggestion given by Mr Bhaskar can be executed.
rgds/ Ramanaiah

Dear Ravi,
Pls let us know by which act your company runs. 1) Shop & Estalishment Act 2) Factories act 3) It Act
Our advise would be based upon that only.
Best Regards,
Arjun

Dear Mr Ravi,
I can understand your anguish over the happenings in your company. But being a HR professional first thing you should try to do is to explain your Management about the legal implications for not following statutory laws. If it goes to a complaint stage the company has to pay huge amount towards penalties for PF and ESI in addition to the legal cases they are going to face.
Hence, you try to convince and make the Management to realise and accept the legal implications towards non-compliance of statutory provisions. As a HR professional this is the first duty you should do and then if they are not listening let them dig their own grave. You have done your job by enlightening the Management on these issues. Once a complaint goes to labour department or PF / ESI authorities it is going to be very tough to come out of that even if they have any kind of back up either politically, legally or otherwise.
So think and act wisely.
Cheers!
Pradeep

Dear Mr. Pradeep
We are not intended to make any false allegation against anyone. But if the Proprietors behave like they are only know everything and we are all good for nothing, then we have to retaliate in this way only.

Dear Ravi,

Being a HR professional first decide weather you want to be union leader or HR professional. First duty is that you should inform the management in writing about the legal consecuence of non compliance of statutory provisions. Actually Every act has appointed the inspectors to keep vigil weather the provisions under said acts are being followed or not. But unfortunately government is not serious in this subject. You will find that shortage of manpower in every department weather it is office of factory inspector, labour commissioner, pf, esic, and area given to one inspector is not less than a city. Many inspectors avoid to complaint against this because such situations are fruitful to them. It is the duty of these inspectors to force the management to comply with provisions of labour laws. That is why employers are always pressurizing government to end Inspector Raj.

As a social responsibility you may urge these inspectors to have an inspection in your factory. If they dont have hand in glove then they would certainly initiate the action.

As a professional it is better to quit instead of spoiling your health and career.