One of our ex-employees has filed a case in the Haryana labour court for non-payment of F&F and salary.
I have a few queries to deal with this case:
1. Are IT companies bound by the shops and establishment act?
2. In case the company is STPI, do they have any privileges
3. Do cases like these protect the employer when the maximum wages of an employee is more than Rs.36,000
From India, Mumbai
I have a few queries to deal with this case:
1. Are IT companies bound by the shops and establishment act?
2. In case the company is STPI, do they have any privileges
3. Do cases like these protect the employer when the maximum wages of an employee is more than Rs.36,000
From India, Mumbai
Dear Nexgendude,
The replies to your queries are as below:
1. Is IT companies bound by the shops and establishment act
Reply: - Yes, there is no exemption. A company either has to register under Factory Act or S and E Act. There is no exemption.
2. Incase the company is STPI, do they have any privileges
Reply: - STPI deals with the export of the software products (digital goods). It acts as a bridge between the software company and the government. However, compliance of the labour laws has to be done. STPI has nothing to do with the labour laws.
3. Does cases like these protect the employer when the maximum wages of employee is more than Rs. 36,000
Reply: - Irrespective of the salary drawn, under the provisions of S and E Act of your state as well as the Payment of Wages Act, the wages have to be paid to each employee by the stipulated date. There is no ground for seeking exemption of any kind.
Final Comments: - Though you have raised the queries, you have not mentioned as to why things came to such a pass where a former employee and to approach the court to get his/her legitimate dues. Did the employee abandon his/her employment and now has filed a suit?
If the employee had done any misconduct then your company should have ordered domestic enquiry to establish the blameworthiness and awarded a suitable punishment. However, all this should have been completed before his exit.
Nevertheless, withholding the salary is illegal. His case has sent a very wrong signal to the other employees. It will create an atmosphere of distrust in the company. When I quit the company, will I get my legitimate dues that company will owe to me? This question will always lurk in the minds of the current employees.
While employees may pretend that they trust the company's top-level official, their trust could be superficial. Please beaware that open hostility is better than false trust!
Thanks,
Dinesh Divekar
From India, Bangalore
7736The replies to your queries are as below:
1. Is IT companies bound by the shops and establishment act
Reply: - Yes, there is no exemption. A company either has to register under Factory Act or S and E Act. There is no exemption.
2. Incase the company is STPI, do they have any privileges
Reply: - STPI deals with the export of the software products (digital goods). It acts as a bridge between the software company and the government. However, compliance of the labour laws has to be done. STPI has nothing to do with the labour laws.
3. Does cases like these protect the employer when the maximum wages of employee is more than Rs. 36,000
Reply: - Irrespective of the salary drawn, under the provisions of S and E Act of your state as well as the Payment of Wages Act, the wages have to be paid to each employee by the stipulated date. There is no ground for seeking exemption of any kind.
Final Comments: - Though you have raised the queries, you have not mentioned as to why things came to such a pass where a former employee and to approach the court to get his/her legitimate dues. Did the employee abandon his/her employment and now has filed a suit?
If the employee had done any misconduct then your company should have ordered domestic enquiry to establish the blameworthiness and awarded a suitable punishment. However, all this should have been completed before his exit.
Nevertheless, withholding the salary is illegal. His case has sent a very wrong signal to the other employees. It will create an atmosphere of distrust in the company. When I quit the company, will I get my legitimate dues that company will owe to me? This question will always lurk in the minds of the current employees.
While employees may pretend that they trust the company's top-level official, their trust could be superficial. Please beaware that open hostility is better than false trust!
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Nexgendude,
From your profile you are representing Employee Relations, HR (Ops), Talent Management, Training & Development, Business Development. Mr. Dinesh Divekar has already given you answer to your query. I am just reminding you of your profile and would like to ask you, how you are going to attract things what is expected from you?
I would just add here that it is the court who will decide whether the complainant is workmen under the ID Act or not. The court will not go on the basis of salary and your industry. Salary and your industry is not the criteria.
You need to have good adviser but also have empathy.
From India, Mumbai
From your profile you are representing Employee Relations, HR (Ops), Talent Management, Training & Development, Business Development. Mr. Dinesh Divekar has already given you answer to your query. I am just reminding you of your profile and would like to ask you, how you are going to attract things what is expected from you?
I would just add here that it is the court who will decide whether the complainant is workmen under the ID Act or not. The court will not go on the basis of salary and your industry. Salary and your industry is not the criteria.
You need to have good adviser but also have empathy.
From India, Mumbai
Hi
What exactly are you expecting from the Govt. agencies as an employer? Even if you do not know the legal implications one has to follow the principles of natural justice in dealing with the HR related issues first. One cannot escape and seek legal remedy by not following the rules. Hope the issue is as straight as you had mentioned. Our learned colleague has already explained in detail as to why you cannot take the shield even if you are an employer. In fact the burden is much more on the employer to show why it was not resolved across the table.
Paying good salary does not exempt you in any way by abruptly cutting off the flow of salary just like that without any strong reason[s].
Regards
From India, Hyderabad
What exactly are you expecting from the Govt. agencies as an employer? Even if you do not know the legal implications one has to follow the principles of natural justice in dealing with the HR related issues first. One cannot escape and seek legal remedy by not following the rules. Hope the issue is as straight as you had mentioned. Our learned colleague has already explained in detail as to why you cannot take the shield even if you are an employer. In fact the burden is much more on the employer to show why it was not resolved across the table.
Paying good salary does not exempt you in any way by abruptly cutting off the flow of salary just like that without any strong reason[s].
Regards
From India, Hyderabad
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