New system for those who have completed 18 years:

According to the new instructions of the Unique Identification Authority of India, this process will be applicable only for the youth who have completed 18 years of age. Once the Aadhaar card is made, they will also be able to do all types of updates as per the normal process. At the same time, people whose Aadhar cards are already made will not have to go through this new system.

State Government’s permission is mandatory:

According to the instructions, the government will nominate Additional District Magistrate at the district level and SDM at the sub-division level for physical verification of the application. Cards will be issued only after completing the verification process by these designated officers. District head post offices and other Aadhaar centers will be specifically selected for physical verification.

It may take up to 180 days to generate Aadhaar:

In the new system, it may take up to 180 days for a new Aadhaar to be issued. Under this, after Aadhaar enrollment (application), UIDAI will check the data quality and then send the application to the Service Plus portal. SDM will verify the applications received on the portal. There will be physical verification of all the documents submitted by the applicant. After this, permission to issue Aadhaar will be given from SDM level. If the documents are found doubtful or incorrect then the application will be rejected.

It is mandatory to be present on the spot:

As per the instructions, it will be mandatory for the applicant to be present on the spot during physical verification. For this, applicants living in other states and union territories will be advised to return to their home state for verification.

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Many types of schemes are being run by the government for the benefit of the people. A PF scheme is also included in these schemes. Under this, the share of the company and the employee is deposited. At the same time, in recent times, many such information is also coming out that some companies deduct the PF amount of their employees but are not depositing them in the EPF account.

Can complain

If your Employees’ Provident Fund (EPF) account details reveal that no contribution has been made for a few months, a red flag should immediately rise in your mind. It is possible that your employer has not made the required deposit. In this case a complaint can also be made about it.

There are many reports of EPF

companies failing to deposit money in the EPF account of employees. If you find yourself in a situation where EPF contribution has not been credited to your EPF account, you can complain about it. If EPF contributions have been deducted from the salary of an employee but the employer does not deposit them in the employee’s EPF account, inform the Employees’ Provident Fund Authority (EPFO).

PF amount

employee can lodge complaint on EPFIGMS portal or a written complaint can be lodged with PF authorities. To register a complaint on the EPFO’s complaint website, the employee has to provide proof that EPF deposits have been deducted but not credited to the EPF account. An employee can provide salary slip and EPF details to show that the deduction was made through the employer but not credited to the EPF account.

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GST notice genuine or fake?

Tax expert Gauri Chadha had a special conversation with CNBC Awaaz regarding GST notices and she told that the government has taken some necessary steps, so that the assessee can easily find out whether the notice that has come to him is genuine or fake.

This tip will work for you

The tax expert told that earlier the notice used to have DIN (Document Identification Number). You can go to the CBIC website and enter this DIN number to check whether the notice you have received is genuine or fake. Even today, this DIN number is there in the notice, but the notice that comes from the state, there was no number above it. For this, now the government has brought a new facility.

Now an RFN number will be written on top of your notice. You can check the RFN number for the notices you get from the state government. You can search it by going to the GST portal. If you search without logging in, then you will get to see some details of the notice. On the other hand, if you search after logging in, then you will see the complete details. In this way you can find out whether the notice you have received is genuine or not.

The post How to identify fake GST bill, where to complain? first appeared on Rightsofemployees.com.

This amount has to be deposited within 15 days of getting salary. Whenever the amount is remitted, an alert is sent in the form of a message to the employees. You can also check the balance by logging on to the EPFO ​​website.

If your PF money is deducted and you have not received the message and update in any way and you feel that PF money has been deducted from salary then you do not need to panic. You have many options, through which you can deposit the PF money back in the account.

How to complain if money is not deposited

• First of all go to the official website of EPFO.
• Here you will see Register Grievance, click on it.
• Now select any one option from PF Member, EPS Pensioner, Employer.
• After this, you have to select the PF member in it and enter the UAN number and security code.
• Now click on Get Details option. Then go to Get OTP.
• After this you can now file a complaint.

Action can be taken against the company after the complaint

If money has been deducted by the company and the amount has not been credited in your account, then according to the rule, action can also be taken against the company if it is more than 15 days. Along with this, the company will also be questioned.

Significantly, many schemes have also been started by EPFO ​​for the employees. Employees can avail pension benefits by investing in a pension scheme. On the other hand, if there is any complaint under PF account then you can mail to employeefeedback@epfindia.gov.in. You can also avail benefits by calling on 1800118005.

The post EPFO: PF money was deducted and not deposited in the account, then know where and how to complain first appeared on Rightsofemployees.com.

There are many such government banks in the country, where customers are harassed. That is, from delaying the work of customers to misbehaving with them. Many times it is also seen that if you ask him in connection with some work, he sends him from one desk to another and makes him go round. At the same time, even if there is no lunch time in the afternoon, they still postpone by saying that there is lunch later. In such a situation, you can take strict action against them, but due to lack of information, people avoid getting confused. So let’s find out today.

Many rights given to customers by the bank

Many rights have been given to the customers by the bank. So that he can file a complaint regarding any matter. But due to lack of information, they are not able to take advantage. Actually, it is necessary for the bank to have good behavior towards the customer. Customers have the right to complain about their misbehavior with the Reserve Bank directly. Every bank branch has a Grievance Redressal Forum.

You can complain to the bank by taking the grievance redressal number

If such incidents ever happen to you, then you can directly complain to your bank branch by taking grievance redressal number. Apart from this, you can also make your complaint through the number given by toll free. And many banks have also given online facility for complaint.

In such a situation, you can easily raise your complaint to the top without fear. So that strict action can be taken against them. The government is serious in this matter. There are many such cases in which customers are misbehaved. Such cases come more especially from public sector banks. The customer has the right to complain directly to the Banking Ombudsman about the negligence of the bank employees. For this, many websites and toll free numbers are pasted in banks.

The post Bank Employee Complaint: If bank employees do not work on time, then complain here, action will be taken immediately first appeared on Rightsofemployees.com.

If you also have any complaint related to your PF account then you do not need to go to any office. You can also get your complaint resolved by registering it online. Not only this, you can also check the status of your complaint online.

If an EPF account holder has any complaint related to EPF withdrawal, transfer of EPF account, KYC etc., then he can take advantage of the facility of this Grievance Management System. EPFO has appealed to the EPFO ​​users to give information about their problems online on the EPFO ​​portal epfigms.gov.in by tweeting from its official Twitter account.

Apart from this, the organization has also issued a toll free number on which you can easily register your complaint by calling. It is worth noting that most of the services of EPFO ​​are now available online. EPFO’s online services can be availed on EPFO’s website as well as UMANG app.

File a complaint online like this

• First of all go to the portal epfigms.gov.in.
•  Click on ‘Register Grievance’ to register the complaint.
• A new webpage will open in front of you. In this, select the status in which the complaint is being registered.
• Status means PF member, EPS pensioner, employer or other.
• Select the option ‘Others’ only if you do not have UAN/Pension Payment Order (PPO).
• Select ‘PF member’ status for PF account related complaint.
• Now enter the UAN and security code and click on ‘Get Details’.
• The masked (hidden) personal details linked to the UNN will be displayed on the computer screen.
• Now click on ‘Get OTP’.
• OTP will be sent to your registered mobile number and email id in EPFO ​​database.
• After entering the OTP, verification will happen and then you will be asked for personal details.
• After entering the personal details, click on the PF number regarding which the complaint is to be lodged.
• Now a pop-up will appear on the screen. In this, select the radio button to which your complaint is related.
• Select the Grievance category and give the details of your complaint.
• If you have any proofs then they can be uploaded.
• Once the complaint is registered, click on ‘Add’ and click on submit.
• Your complaint will be registered.
• The complaint registration number will be sent to your registered email and mobile number.

Check the status of the complaint like this 

the status of the complaint lodged by you, you click on epfigms.gov.in. Here you will see the View Status option, click on it. Enter your Registered Mobile Number and Email ID here. After that enter the security code. After this you will see the status of your complaint.

The post EPFO Complaint Online : File a complaint online like this, check complete process first appeared on Rightsofemployees.com.

There are various categories that can be covered under the purview of harassment at workplace against the employees due to which the employees have to suffer humiliation & Mental Torture (Mental Harassment) and are often exploited by their respective supervisors.

These are the key area of focus in this article. So far there are only some State laws which deal with Mental harassment, however, there have been a persistent call for framing national law on Mental harassment.

The most vulnerable to this plight are the subordinates in offices. This is a scenario in private as well as public sector. Most of the bullying is done by seniors, hierarchy plays a key role. To achieve targets supervisors have to force the employees to labor hard especially the young workers have to face most of the harassment due to higher expectations. Bullying and harassment at workplace lead to terrible effect on the health and well being and performance of the employees. In India, there is no special legislation against bullying at workplace.

Non- Sexual Harassment– Majority of the people believe in the common notion that harassment at workplace can be sexual only. But this is not the case in reality as the following different types can be categorized under types of Non-Sexual Harassment.

1. Harassment on the basis of- Race, Sex, Religion and National Origin.
2. Harassment on the basis of age.
3. Harassment on the basis of disability.
4. Defamation- To defame is to damage the reputation or image of the person
5. Criminal History- An employee may be harassed for his previous criminal record, whose penalty he has already suffered.
6. Citizenship Status- A person belonging to a different nationality may become subject to harassment.
7. Racial Harassment- Discrimination on the basis of race.
8. Harassment due to different Political Beliefs- Though minor issue but can lead to harassment of the employee by the employer or fellow employees.
9. Sexual Orientation and Marital Status.
10. Stalking.

Examples include leaving repeated or alarming messages on voice mail or e-mail, following people home, or approaching co-workers to ask for personal information.

11. Hostile Workplace Harassment.
12. Bullying by the supervisor.

Laws against harassment
Indian labour laws cover a large number of acts under its purview and since labour laws are covered under the concurrent list of the Seventh Schedule of the Constitution of India, so both central and state governments have jurisdiction to pass their own laws on relations between the labourers and relating to issues of the employment.

1. HARASSMENT BY DEDUCTION OF UNREASONABLE WAGES BY EMPLOYER

Payment of Wages Act, 1936 is intended to be a remedy against the unreasonable and unauthorized deductions made by the ‘Employer’ or unjustified delay in payment of wages.

Section 5 of the Act specifies the Time of payment of wages- Timely payment of wages should be made. If manpower is less than 1000, then 7^th day of the month and if more than 1000, then 10^th day of the month.

Section 7-13 defines the Deductions- No unreasonable and unauthorized deductions should be made from the wages.

2. HARASSMENT BY SEX DISCRIMINATION

Employees can be harassed by not following the Principle of Equal Pay for Equal Work. According to Article 39(d) of the Constitution and Section 2(h) of the Equal Remuneration Act 1976  it is the duty of the employer that every employee should receive same remuneration for similar nature of work.

3. HARASSMENT BY DEFAMATION

Section 499 of the IPC defines the Defamation if it is a Criminal Wrong. Otherwise in civil cases defamation can be included under the Law of Torts.

4. HARASSMENT BY UNREASONABLE CLAUSES IN THE EMPLOYMENT AGREEMENTS

Dismissal Regulation

Industrial Disputes Act 1947

Chapter 5A: LAY OFF AND RETRENCHMENT

This Chapter lays down that a 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience.

5. DISCRIMINATION ON GROUNDS OF PREGNANCY AND DISABILITY

According to Maternity Benefit Act, 1961 it is unlawful and unauthorized on the part of the lawyer to discharge or dismiss women when she absents herself from work within the provision of this act.

Section 24A of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 guarantees no discrimination in employment.

10 signs that you’re being bullied at work

Others in your work group are receiving preferential treatment top projects, travel perks and free time. Meanwhile, you find that most of your requests along the same lines are denied without reasonable explanation.

Your progress goes unseen
Say you’ve been given a directive with certain objectives, an ultimate goal and a deadline. You work hard and with focus only to find out, that suddenly there’s a change in direction on the project. Your progress is not celebrated or applied to the new project, but not even taken into account.

All your decisions are questioned
So you are constantly bombarded by excessive micro-managing? You don’t feel like your intuition or decisions are being trusted, and you can’t explain why.Your boss and others hover over you much more than telling you what to do (and what not to do). You get the sense that you are wrongly perceived as incompetent and your decision-making capability is greatly reduced as a result.

You are socially alienated
All of a sudden, you’re excluded from meetings you once attended. Your colleagues tend to discuss work prior to your arrival and you are left with absolutely no clue what to do. Besides, you are not marked on important mails. Co-workers tend to avoid you and keep interaction to a minimum. You may also find that you’re no longer invited to post work drinks with your teammates.

You often feel targeted
Often, when you make a comment, suggestion or disagree with someone’s opinion, you’re responded to with a plethora of responses by others. It doesn’t matter whether you’re right -the gang mentality is determined to prove you wrong.

Your health is failing
Mentally, you’re drained and your energy is zapped. You’re sleeping more and getting out of bed is a real task for you. Exercising and socialising with your folks is a chore. Bullying can lead to depression, anxiety, panic attacks and mood swings. There are physical symptoms such as increased blood pressure, rapid heart beat, and loss of appetite (or excessive eating).

Have experienced verbal spat
You’re subjected to negative, abusive language -reprimanded often in front of the entire office. Verbal abuse can also be more subtle than loud insults.You may find that you are being joked around with in a way that makes you feel uncomfortable and small, and that too can be verbal bullying.

Your work is publicly diminished
Your dedication to your job is not acknowledged by your boss or they give credit to others (for your hard work) in a public setting such as a meeting.

Face unnecessary criticism
It seems that in the eyes of your boss, you are ineffective and unprofessional. Feedback is always provided in the form of criticism and delivered in a way to make you feel awful about yourself. There’s no effort to provide guidance.

Presented unreasonable obstacles
So does the boss man purposely throw roadblocks in front of you to prevent you from successfully completing a project? Now, this is a major act of bullying.

CONCLUSION

Thus we see that Indian Labour Laws not only takes Sexual Harassment, Mental Harassment At Workplace into consideration  but also all other types of harassment that can happen at the workplace as stated above. Certain acts have been laid down by the government governing every issue to protect the interest of the employees and workmen in almost every sector of the industry.

Still, in India a worker can seek redressal under different provisions provided under the constitution of India, IPC, and C.P.C. The Indian Constitution under various articles provides labor rights. Though not in evident form but indirectly various articles protect the labour rights. For instance, Article 14 of the Indian Constitution lays down the concept of Equality before law. In the case of Mewa Ram v. A.I.I. Medical Science , the Supreme Court, held that.

“the doctrine of ‘equal pay for equal work’ is not an abstract doctrine. Equality must be among equals, unequal people cannot claim equality.”

Indian constitution through various articles21, 23, 24, 38, 39, 39-A, 41, 42, 43, 43-A and 47 provides an idea of what conditions should be provided by the employers.However, some of these articles do not have binding effect which at instances hinders justice. Part 4 of the constitution talks about the duty of the state to promote social welfare and to make effective provisions for securing the right to work, providing education and public assistance in cases of employment, etc., which is subject to limits of its economic capacity, to make special provisions for just and humane condition of work and for maternity relief, etc.

In the case of Consumer Education and Research Centre v. Union of India.

“Right to life includes protection of the health and strength of the worker is a minimum requirement to enable a person to live with human dignity. The right to human dignity, development of personality, social protection, right to rest and leisure are fundamental human rights to a workman assured by the Charter of Human Rights, in the Preamble and Arts.38 and 39 of the Constitution.”

Hope we answered on how to deal when Facing Mental Harassment from Boss at Workplace

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As an employer or an employee, you have specific obligations to uphold your employment contract. Even if the contract is verbally implied, both employer and employee are bound by that contract. It can be difficult to get out of an employment contract, but there are ways it can be legally done, which saves you from facing a potential lawsuit for breaching the contract.

No, employment bond is not enforceable.

Many people think it is contract and parties are abide by it. But section 27 of indian contract act 1872 says something different.

Employment bonds are employment agreements with negative covenant. Under the Indian Law, the employment agreements with negative covenants is valid and legally enforceable if the parties agree with their free consent i.e. without fraud, coercion, undue influence, mistake and misrepresentation. The Indian courts have held that in the event of a breach of contract by the employee, the employer shall be entitled to recover damages only if a considerable amount of expenditure was borne by the employer. Indian law mandates the employment bonds to be “reasonable” in order to be valid. The term reasonable remains undefined anywhere in the Indian law and therefore the courts have given meaning to “reasonable” depending upon the facts and circumstances of the cases. The proposition which has emerged till now is that conditions stipulated in the contract should be necessary to protect the interest of the employer and compensate the loss caused by breach of contract. Additionally, the penalty or compulsory employment period stipulated should not exorbitant.

How to Challenge the enforceability of Employment Bond?

The validity of Employment bonds can be challenged on the basis of Section27 of the Indian Contract Act. Section 27 of the Indian Contract Act, 1872 prohibits any agreement in restraint of trade and profession. Any agreement in trade and profession according to Section 27 is void.

As per the Section 27, any terms and conditions of an agreement which directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid under the Indian law, The employee has right to resign from the employment even if he has agreed in the employment bond to serve the employer for a specific period of time.

For an employment bond to be valid under Indian law, it has to be proved that it is necessary for the freedom of trade. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. If an agreement is challenged on the grounds of violating the provision relating to restraint of trade, the onus is on the party supporting the contract to show that restraint is reasonably necessary to protect his interests.

Following are the requirements of a valid employment bond agreement.

1. The agreement must be signed by the parties with free consent.
2. The conditions stipulated must be reasonable and:

• The conditions imposed on the employee must be proved to be necessary to safeguard the interest of the employer.

1. The employment bond is to be executed on a stamp paper of appropriate value in order to be valid and enforceable.

Remedies Available to Employer and Employee

If an employment bond is breached, the employer might be entitled to compensation. The compensation awarded should be reasonable to compensate the loss and should not exceed the penalty, if any stipulated in the contract. The court computes the reasonable compensation amount by computing the actual loss incurred by the employer having regard to all facts and circumstances of the case. Even if the bond stipulates payment of any penalty amount in the event of breach, it does not mean that the employer shall be entitled to receive the stipulated amount in full; the courts shall determine the reasonable amount of compensation to be paid. One interesting question arises, whether the employers are entitled to seek for reinstatement of their employee or obtain restraining order against the employee from joining any competitor or another employer? The Supreme Court while dealing with a similar situation has held that specific performance action cannot be sought for breach of contract of personal service or bond and therefore employer shall not be entitled for reinstatement of their employees as relief in the event of breach of bond. We have witnessed the trend that courts are not willing to grant an injunction against the employees restricting their employment with another employer unless it is necessary for the protection of proprietary interests or trade secrets of the employer.

The court considers the actual expenses incurred by the employer, the period of service by the employee, the conditions stipulated in the contract to determine the loss incurred by the employer to arrive at reasonable compensation amount.

The post How To Break The Contract Of Employment ? first appeared on Rightsofemployees.com.

Here is how to register a PF related complain online:

1) Visit EPFO’s website epfigms.gov.in. Click on “Register Grievance” on the top menu bar.

2) A new page will open. Please select the appropriate status from the drop-down menu.

3) Enter details like PF number, name of the office to which the grievance pertains, name of your company and address of your company.

4) Now enter your personal details like name, address, mobile number and email id.

5) In the third section, select the category of complain from the drop-down menu and describe your grievance within 5000 characters.

6) You can also attach PDF documents relating to your grievance. Enter the captcha shown on the screen and submit your grievance.

7) On successful submission of your complaint, a registration number will be generated. Record the registration number for future reference.

The post Delay In PF Claim: How To File A Complaint With EPFO first appeared on Rightsofemployees.com.

Wrongful termination is one the most common types of employment dispute. Every year thousands of employees are subjected to wrongful termination, but are completely unaware of the correct legal course against it. Before considering about taking an action against the employer, you need to establish whether the termination was wrongful or not.

Wrongful termination is difficult to prove, because most states have an “at will” policy when it comes to employment. Under this policy, either the employee or the employer may terminate employment at any time without consequence. However, there are illegal reasons to terminate an employee. Winning a wrongful termination suit requires that you produce sufficient facts that you were terminated illegally.

If you are considering suing your employer for wrongful termination, you should first consult an employment attorney. Below are a few steps towards filing a successful claim:

Determine whether you are an at-will employee;

Review your employment contract, which should give your insight on what type of employee you are, for what reasons you may fired, and the steps you need to take to file a complaint;

File a complaint with your human resources department; and

If your filed complaint does not turn out in your favour, speak with your attorney who, if need be, will be able to push forward with your claim.

What can you do?

Start by approaching the human resource department of your company. It will be in a position to explain where you stand legally and will help resolve the issue. You can also lodge a formal complaint directly with the department and should give it adequate time to evaluate your situation and suggest a solution. If you are not satisfied with the response, you can file a court case.
In case of a violation of your contract, you can file a case in a civil court. Cases of mental harassment can be filed in the civil court as well as a criminal court, if you add the charge of criminal intimidation. Consult a lawyer to see if your case can be settled through arbitration or by a labour tribunal as this is easier and more cost-efficient.

If you decide to take the matter to court, ensure that you prepare yourself well for it. Maintain a record of all the incidents that you think were wrong or in violation of your rights. If possible, note down the date and time as well. This will be immensely useful to your lawyer, who will be able to ascertain if you have a case at all. You can use this information even while discussing the matter with the HR team.

Looking toward the future, practice answering interview questions about the termination, and gather references from contacts to bolster your candidacy for jobs. Don’t let this reversal stand in the way of your success.

The post How to Sue an Employer for Wrongful Termination ? first appeared on Rightsofemployees.com.

Even though companies across the world are coming up with people friendly policies, there is always a small section of employees who like to take   advantage of the same. Often employees leave organizations without serving notice in the lure of better chances elsewhere. But this is only a short term advantage. Barring some countries, most good organizations require a ”service or relieving certificate” as proof of employment.

The signed and   stamped ” Letter of Appointment” between and employer and employee is a legally valid document in the court of law. If an appointment letter clearly spells out the conditions of termination and notice, and the employee signs the document, then he/she must abide by the terms. However, most organization have a condition of ”lieu of”. Typically the notice period can be waived ”in lieu of” pay deduction. And most employees exercise that option by negotiating the difference with the other organization. There are always exceptions but no ethical   organization can force an employee to serve the notice unless there is a pressing business need or ”notice pay” refusal from employee or monetary advances provided to the employee.

The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.

You can leave the job by either giving notice or payment in lieu of notice.The Company’s policies and procedures are the supplementary aspects. The constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid. By putting the clause in service regulation that it is company’s discretion to accept the notice or not is against the provisions of constitution of India. Hence company cannot threaten you by showing this clause. The Company cannot force you to serve the entire notice period.

Also Read:

• How to file Income Tax Returns ( ITR )?

• EPF v/s PPF v/s VPF: Which One is Better?

• HRA Exemption Rules

The post Can Companies Force Employees to Serve Notice Period? first appeared on Rightsofemployees.com.