Hello CiteHR Anchors/Members, Please help me in the below-mentioned case. My brother was working with one of the small Pvt Ltd logistics companies. They had offered him only ₹4000 PM salary without any benefits under PF, ESIC, etc., nor given any offer letter. After completion of 1 month, he quit the job and informed the respective members, but they asked him to serve the 15-day notice period. Due to health issues (since it was a hardcore field job), he served for only 8 days. But now they are not releasing his salary and are threatening him.
My Questions Are:
1) They do not provide the offer letter to their unskilled employees. Can we complain about it to the Labour Commissioner?
2) They do not follow the Minimum Wages Act and Shop and Establishment Act for their unskilled/semiskilled employees. What action can be taken against them and how?
3) My brother is not getting his salary. What can I do legally against them?
Please help and guide me. Thank you all in advance!!!
Regards, Sarvesh Executive-HR.
From India, Pune
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My Questions Are:
1) They do not provide the offer letter to their unskilled employees. Can we complain about it to the Labour Commissioner?
2) They do not follow the Minimum Wages Act and Shop and Establishment Act for their unskilled/semiskilled employees. What action can be taken against them and how?
3) My brother is not getting his salary. What can I do legally against them?
Please help and guide me. Thank you all in advance!!!
Regards, Sarvesh Executive-HR.
From India, Pune
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The fault is not with the law but with the person who handles it. There are a lot of opportunities available to the aggrieved employees. Let him meet the Labour Department, not necessarily the Labour Commissioner who will be placed at the State Capital, but the District Labour Officer or even the Assistant Labour Officer and lodge a complaint. They will take care of it.
Regards,
Madhu.T.K
From India, Kannur
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4667Regards,
Madhu.T.K
From India, Kannur
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I suggest you get some documentary evidence regarding the employment of your brother. Before filing a case against the management, please ensure you have the following details:
1. What are the terms and conditions of employment?
2. Which category of employment was your brother considered for?
3. If there is evidence (appointment letter), does it specify the notice period or pay in lieu thereof?
Regards,
Murali
From India, Chennai
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1. What are the terms and conditions of employment?
2. Which category of employment was your brother considered for?
3. If there is evidence (appointment letter), does it specify the notice period or pay in lieu thereof?
Regards,
Murali
From India, Chennai
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They did not issue him any offer letter or appointment letter, nor did they inform him of anything regarding his employment. Also, there was no documentation provided at all. They simply informed him that he would be a contractual employee. Please guide.
Regards,
Sarvesh
From India, Pune
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Regards,
Sarvesh
From India, Pune
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I understand that it is very unprofessional on behalf of the company. By not issuing any letter, it shows how unethical the company is. In such an event, it would be difficult to prove the employment with the company to proceed legally. I advise your brother to drop legal claims and approach the management politely for his dues.
Regards,
Murali
From India, Chennai
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Regards,
Murali
From India, Chennai
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Legal Considerations for Employment Without Appointment Orders
The matter relates to an employee who is paid a very small amount as remuneration. It is implied that there would not be any appointment order. The Labor Department is for the workers, and the officers concerned do not insist on appointment orders as proof of employment. After all, the responsibility of issuing an appointment order to an employee lies with the employer. Therefore, I don't think that there will be any legal hindrance to move against the employer.
Regards,
Madhu.T.K
From India, Kannur
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The matter relates to an employee who is paid a very small amount as remuneration. It is implied that there would not be any appointment order. The Labor Department is for the workers, and the officers concerned do not insist on appointment orders as proof of employment. After all, the responsibility of issuing an appointment order to an employee lies with the employer. Therefore, I don't think that there will be any legal hindrance to move against the employer.
Regards,
Madhu.T.K
From India, Kannur
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Good Evening Murali Sir, What will be the Legal Claim Process & how it can be followed? Please guide. Regards, Sarvesh
From India, Pune
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From India, Pune
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Thank you, Madhu Mam, do you have any idea about who is the District Labour Commissioner for the Mumbai - Andheri location, or to whom else I need to contact, and how the whole process can be followed? Please guide.
Regards,
Sarvesh
[Email Removed For Privacy Reasons]
Exec - HR.
From India, Pune
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Regards,
Sarvesh
[Email Removed For Privacy Reasons]
Exec - HR.
From India, Pune
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Labour laws.ppt