ESI PF Labour Law and Payroll Services Consultant in India.
ESI PF Labour Law and Payroll Services Consultant in India.
Under the provisions of the act violation(s) may take place by the employer. In such cases, under section 20(2) of the act, the employee himself or herself or any appointed legal practitioner or any official of a registered trade union who has been duly authorised by the employee in writing to act in his behalf can make an application to the appropriate authority as appointed by the Appropriate Government under Section 20(1). Any inspector or any other person with the permission granted by the authority under Section 20(1) can also make such application for initiation of proceedings.
However, such application is to be made within 6 months from the date on which the minimum wage or other amounts become applicable. In such cases, where there is a delay of more than 6 months, the Authority can admit the application if and only if he is satisfied with the cause of the delay.
Upon receiving such application the Authority shall give the employer and the applicant opportunity of being heard and after such necessary enquiry shall give his directions as per section 20(3) of the act.
Alike minimum Wages Act, a violation under the Payment of Wages Act 1936 can be made by the employer and/ or the person responsible for payment of wages. As per section 15(2) of the act, in cases of any contravention to the provisions related to the payment of wages or any unlawful deduction from wages, the affected employed person himself or any legal practitioner or any official of any registered trade union who has been authorised in writing to apply on the behalf of the employed person or any inspector under this act or any other person permitted by the appointed authority under section 15(1) `can make an application to the Authority as appointed by the Appropriate Government under section 15 sub-section1.
Such application is to be made within 12 months from the date on which the unlawful deduction has been made and/or from the date on which the payment of wages was due. In such cases, where there is a delay of more than 12 months, the Authority can admit the application if and only if he is satisfied with the cause of the delay. [Section 15(2)]
Upon receiving such application the Authority shall give the employer and the applicant opportunity of being heard and after such necessary enquiry shall give his directions as per section 15(3) of the act.
