Received no compensation on retirement
17-Mar-2023 (In Labour & Service Law)
My father has been working with a shutter manufacturing firm for the past thirty years. His firm is not registered for PF or ESIC but has a valid TIN registration. Can he be entitled to any kind of compensation on retirement as the owner is not willing to pay a single penny for the same?
There are certain requirements which enable you to be entitled to PF and ESI. These requirements are as follows:
PF 1. If an Employer has equal to or more than 20 employees, it is mandatory for him or to join the Employee Provident Fund Scheme. 2. If the employee’s emoluments exceed Rs. 6,500/- per month, he has the option to join the Scheme(s) with the consent of employer ESI 1. is applicable to factories employing 10 workers and other establishments employing 20.
2. Those drawing salary not more than Rs 10000 are covered.
3. The rate of employees' contribution is 1.75 % of salary and the employer's contribution is 4.75%
4. The salary is the sum paid in a month and all payments which are paid in regular intervals of not exceeding two months are considered. As such, Travelling Allowance is excluded from salary.
if your fathers employment is covered under these abovementioned conditions, then you can claim the PF and ESI by approaching the Labour Court.
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