is it justifiable to work in my comapany
6 months ago
I am working in 15 years old pvt ltd company in mumbai with more than 30 employees and approx 3 branches in Pan India. my company does not provide us PF, Bonus, incentives for working extra hours and Insurance or ESIC facility and giving approx 5-8% hike every year and Basic salary is approx 26% of gross salary. our working hours is 8 hours every day with 20 paid leaves and 15 festival leaves and 1st and 3rd satyrday and all sunday holidays. is it justifiable for employees?
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
The following social security laws are applicable in any factory/industry or establishments. 1) The Employees Provident Funds and Miscellaneous Provisions Act, 1952(EPF) is applicable to factories engaged in any industry having 20 or more employees, and any other establishment employing 20 or more people or class of such establishments. 2) The Employees State Insurance Act, 1948(ESI) is applicable for any organization/establishment employing 10 (20 in individual states) or more persons. 3) The Payment of Bonus Act, 1965 applies to every factory and every other establishment with 20 or more employees drawing Rs. 21,000/- per month or less (basic + DA, excluding other allowances) and completed 30 working days in that financial year are eligible for payment of statutory bonus under the Act. 4) Apart from these social securities, The Payment of Gratuity Act, 1972 is also applicable to factories, mines, oilfields, plantations, ports, railway companies, shops, or other establishments with 10 or more employees. The employees who completed a minimum of 5(Five) years of continuous service or passed away or were disabled due to an accident or illness are eligible for payment of gratuity from their employer. The implementing Authorities of these social security laws in any factory/industry or establishment are the P F Commissioner, The Director-General, ESIC, Labour Commissioner(Central or State) for Payment of Bonus and Gratuity. In the given situation, you may collectively/jointly represent your grievance before these Authorities for the implementation of these Social Security Laws in your establishment which were exclusively enacted for the benefit and protection of interest and rights of the workmen/employees employed in a factory/industry or establishment across the country.
According to the Employees' Provident Funds and Miscellaneous Provisions Act, companies with a certain number of employees are required to provide PF facilities. It appears that your company might not be fulfilling this legal obligation. As per the Payment of Bonus Act, companies with a certain number of employees are mandated to pay an annual bonus to their employees. If your company falls under this category, it should provide bonuses as per the legal provisions. The law requires employers to compensate employees for working extra hours. This compensation could be in the form of extra pay or additional time off. If your company is not providing this, it may be in violation of labor laws.
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