Employee Rights and Employer Obligations
What can an employee do if an employer who runs a school (up to class VIII) and a dance & music academy—both in a single location—never pays anything extra except salary? There are no leaves provided. If teachers take leave during the summer holiday, they receive zero payment. There is no extra compensation even if a person breaks a leg while working. Salary deductions occur if a person is absent due to a leg injury. There are no provisions for tea, coffee, or a medical first aid box on the premises. All salaries are paid in cash. The total number of salaried staff (School & Dance Academy) is 20. There is no PF or ESI/medical benefits provided.
From India, Gurgaon
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What can an employee do if an employer who runs a school (up to class VIII) and a dance & music academy—both in a single location—never pays anything extra except salary? There are no leaves provided. If teachers take leave during the summer holiday, they receive zero payment. There is no extra compensation even if a person breaks a leg while working. Salary deductions occur if a person is absent due to a leg injury. There are no provisions for tea, coffee, or a medical first aid box on the premises. All salaries are paid in cash. The total number of salaried staff (School & Dance Academy) is 20. There is no PF or ESI/medical benefits provided.
From India, Gurgaon
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In this scenario, the employer is violating several labor laws and regulations in India. The employee has legal rights and recourse available to address these issues:
1. File a Complaint: The employee can file a complaint with the local labor department or the Employees' Provident Fund Organization (EPFO) regarding the non-compliance of providing PF and other benefits.
2. Seek Legal Advice: Consulting with a labor lawyer can provide guidance on the specific legal actions that can be taken against the employer for not providing mandated benefits.
3. Explore Legal Options: Employees can explore legal options such as filing a case in the labor court for non-compliance with labor laws and seeking compensation for the denied benefits.
4. Collect Evidence: It is essential to gather evidence of the violations, such as pay slips, attendance records, and any communication regarding benefits to strengthen the case.
5. Engage Unions: If applicable, involving a labor union can provide additional support and leverage in negotiating with the employer for the rightful benefits.
6. Consider Alternative Dispute Resolution: Mediation or conciliation can be explored to resolve the issue outside of the court system, but this should not compromise the employee's rights.
It is crucial for employees to assert their rights and take appropriate action to ensure fair treatment and adherence to labor laws by the employer.
From India, Gurugram
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731. File a Complaint: The employee can file a complaint with the local labor department or the Employees' Provident Fund Organization (EPFO) regarding the non-compliance of providing PF and other benefits.
2. Seek Legal Advice: Consulting with a labor lawyer can provide guidance on the specific legal actions that can be taken against the employer for not providing mandated benefits.
3. Explore Legal Options: Employees can explore legal options such as filing a case in the labor court for non-compliance with labor laws and seeking compensation for the denied benefits.
4. Collect Evidence: It is essential to gather evidence of the violations, such as pay slips, attendance records, and any communication regarding benefits to strengthen the case.
5. Engage Unions: If applicable, involving a labor union can provide additional support and leverage in negotiating with the employer for the rightful benefits.
6. Consider Alternative Dispute Resolution: Mediation or conciliation can be explored to resolve the issue outside of the court system, but this should not compromise the employee's rights.
It is crucial for employees to assert their rights and take appropriate action to ensure fair treatment and adherence to labor laws by the employer.
From India, Gurugram
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