Greetings!
I have been deputed to a company through a contract role. I worked there for about six months. As I have got some good opportunity, I have resigned and joined somewhere else. Now it has been almost seven months, and they have not released my salary for the last month, i.e., May 2012. Can anybody suggest how I can approach them legally?
Nihal S
From India, Ahmedabad
Acknowledge(0)
Amend(0)
I have been deputed to a company through a contract role. I worked there for about six months. As I have got some good opportunity, I have resigned and joined somewhere else. Now it has been almost seven months, and they have not released my salary for the last month, i.e., May 2012. Can anybody suggest how I can approach them legally?
Nihal S
From India, Ahmedabad
Acknowledge(0)Amend(0)
Dear Nihal,
The details you have furnished are quite sketchy. However, from what I understand, you were on the rolls of Company X, which deputed you to work at Company Y. Therefore, you are an employee of Company X and not Y.
Did you give a proper notice of resignation and serve during the notice period to your employer, i.e., Company X, in accordance with your offer of Appointment or relevant terms and conditions of employment? Did your employer accept your resignation and release you formally at the end of the notice period?
If your response to the above is YES, you may need to have a legal notice served upon your previous employer. As you have not mentioned the job you were performing, it is difficult to advise you on whether you can take advantage of labor statutes or if you need to approach a civil court.
Please provide complete facts for quality replies/advice.
From India, Pune
Acknowledge(0)Amend(0)
38The details you have furnished are quite sketchy. However, from what I understand, you were on the rolls of Company X, which deputed you to work at Company Y. Therefore, you are an employee of Company X and not Y.
Did you give a proper notice of resignation and serve during the notice period to your employer, i.e., Company X, in accordance with your offer of Appointment or relevant terms and conditions of employment? Did your employer accept your resignation and release you formally at the end of the notice period?
If your response to the above is YES, you may need to have a legal notice served upon your previous employer. As you have not mentioned the job you were performing, it is difficult to advise you on whether you can take advantage of labor statutes or if you need to approach a civil court.
Please provide complete facts for quality replies/advice.
From India, Pune
Acknowledge(0)Amend(0)
Dear sirs,
I am working in a manufacturing company wherein 200 employees are working. We have a small in-house canteen with 4 staff members (contract given to a third party). Could you please let me know the applicability of the ESI Act to canteen staff?
Regards,
Nihal
From India, Ahmedabad
Acknowledge(0)Amend(0)
I am working in a manufacturing company wherein 200 employees are working. We have a small in-house canteen with 4 staff members (contract given to a third party). Could you please let me know the applicability of the ESI Act to canteen staff?
Regards,
Nihal
From India, Ahmedabad
Acknowledge(0)Amend(0)
Dear Nihal,
The facts provided by you indicate that you have awarded a contract for providing canteen services within your premises, which is covered under the ESI Act. The canteen contractor engages 4 workers.
You have two scenarios:
1) The contractor is independently covered and registered under the ESI Act, and the proof thereof is available with you.
2) The contractor is not covered and hence not registered under the Act.
If scenario 1) is true in your case, you don't have to worry about the coverage of the 4 workers of the contractor. If scenario 2) is applicable, then you have to comply with the Act regarding your registration, and you can recover the amount of contribution from the contractor.
Regards,
Devbrat
From India, Pune
Acknowledge(0)Amend(0)
The facts provided by you indicate that you have awarded a contract for providing canteen services within your premises, which is covered under the ESI Act. The canteen contractor engages 4 workers.
You have two scenarios:
1) The contractor is independently covered and registered under the ESI Act, and the proof thereof is available with you.
2) The contractor is not covered and hence not registered under the Act.
If scenario 1) is true in your case, you don't have to worry about the coverage of the 4 workers of the contractor. If scenario 2) is applicable, then you have to comply with the Act regarding your registration, and you can recover the amount of contribution from the contractor.
Regards,
Devbrat
From India, Pune
Acknowledge(0)Amend(0)Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Legal provisons on the applicability of ESI ACT.docx
Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Act, 2.pdf