Sir,
I am working for Pvt Limited,organization in Mumbai since 2011.Our employer has created two three subsidiary company in one office , to avoid PF Benefits, secondly he is deducting the Salary against leave but not giving leave encashment benefit after every financial year. my question is ...(1) What is Leave with wages act for a Pvt Limited company in Maharashtra- India, ..(2)What are the rules and regulation for Provident Fund- are any employer can create number of organization to avoid the benefits to his employees...(3) what action an employee can take against the employer for all staff benefits.
Expecting favorable answers for all of my queries.
Andy Pathak.
From India, Mumbai
I am working for Pvt Limited,organization in Mumbai since 2011.Our employer has created two three subsidiary company in one office , to avoid PF Benefits, secondly he is deducting the Salary against leave but not giving leave encashment benefit after every financial year. my question is ...(1) What is Leave with wages act for a Pvt Limited company in Maharashtra- India, ..(2)What are the rules and regulation for Provident Fund- are any employer can create number of organization to avoid the benefits to his employees...(3) what action an employee can take against the employer for all staff benefits.
Expecting favorable answers for all of my queries.
Andy Pathak.
From India, Mumbai
Dear Andy,
The attached Bare Act of the Bombay Shops & Estt.Act would give you to understand your status and applicable regulations reg.leave etc.
Secondly, there is no prohibition to open any no.of independent estts./offices in one roof. And it is a big question how you can prove the intention of opening more than one office merely in order to avoid/evade PF liabilities. If you can prove that there is no business taking place in those fictitious firms then you will have a strong case.
Thirdly, denial of paid holidays or leave is illegal and the remedy lies only when you lodge official complaint with the appropriate labour inspectors who are vested with powers under this Act. Similarly ESI, Gratuity and other legal benefits also can be ensured only when you lodge written complaint with the appropriate authorities under these acts/rules.
kumar.s.
From India, Bangalore
362The attached Bare Act of the Bombay Shops & Estt.Act would give you to understand your status and applicable regulations reg.leave etc.
Secondly, there is no prohibition to open any no.of independent estts./offices in one roof. And it is a big question how you can prove the intention of opening more than one office merely in order to avoid/evade PF liabilities. If you can prove that there is no business taking place in those fictitious firms then you will have a strong case.
Thirdly, denial of paid holidays or leave is illegal and the remedy lies only when you lodge official complaint with the appropriate labour inspectors who are vested with powers under this Act. Similarly ESI, Gratuity and other legal benefits also can be ensured only when you lodge written complaint with the appropriate authorities under these acts/rules.
kumar.s.
From India, Bangalore
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PF Contribution on Leave Encashment - Clarification by EPFO.pdf
SC -PF judgment on No PF on Leave encashment.doc