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What to do if i am not getting job benefits but others are getting
09-May-2023 (In Labour & Service Law)
Hello, I am a 32 year old man from Kolkata. Working in a Private Limited company since August 2009. This was my first job. I have never been given an employment contract at the start of my employment. It was not a private limited company then. It was probably an proprietorship firm or not even that. I was dire need of a job at that point of time and so I accepted the offer without considering all aspects. I was also very inexperienced. I was offered Rs. 7000 per month which I was very happy to receive at that time. It was my first job after graduating from college. Now It's a private limited company with more that 30 employees. 1. I do not have a employment contract. 2. There is no PF for me. 3. There is no gratuity. 4. I only get 7 sick leaves and 7 casual leaves. I do not get any earned leave as well. My salary is now good and I also work in an important position. However, I am deprived from these basic rights of an employee. What can I do?
Please note that the appointment letter, provident fund, employees state insurance, gratuity, bonus, minimum wages, statutory leaves and all other labour welfare schemes are not the employer's choice but your right. You may be scared of losing your job if you make a rightful demand but this of course need to be done at least some day!!
You held that your salary is good and holding an important position, please make your employer aware of the different welfare schemes, initially please don't try for any legal recourse for your employer may act in vengeance; if your employer want to retain good people, he will for sure provide the welfare amenities otherwise the law is always there to serve the justice. As time has come that the employer should understand that this is a democratic country and they cannot do any exploitation only because they are the capitalist.
You held that your salary is good and holding an important position, please make your employer aware of the different welfare schemes, initially please don't try for any legal recourse for your employer may act in vengeance; if your employer want to retain good people, he will for sure provide the welfare amenities otherwise the law is always there to serve the justice. As time has come that the employer should understand that this is a democratic country and they cannot do any exploitation only because they are the capitalist.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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Relying upon the statement referred above,I do share with your agony.You definitely have legal remedy to end the discriminatory treatment meted to you.If you are a non -managerial cadre , there is One set protection available to you and if you are a management cadre, you have another set of legal protection.For legal guidance in the matter you may contact me through lawRato.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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Since you work in the concern, naturally you would not want your name to come in front if you want to take any step against the illegality of your employer, hence write a complain letter to the Provident Fund Commissioner providing the proof of number of employees and complaining that there has no provident fund created by the company yet which is as such a criminal offence as well, try to make the letter through any person not related to you but of your confidence so that your name does not come in picture. After the complain letter your company will be put in trouble and shall have to open PF Accounts for the employees. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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