Legal Question in Employment Law in India

My employer has less than 20 employees in the company. This is a very small recruitment agency/consultancy. I am not satisfied with the following practises:

1. They keep the monthly salary fixed, but they count the work days and days payable excluding saturdays, sundays, public holidays and national holidays (15th Aug, 26th Jan and 2nd Oct. Is this legal? Also, in this way they are not providing paid holidays on National Holidays as they are NOT counting them as 'days payable', is that legal? So in such case, salary per day varies almost every month and our Loss of Pay becomes more as the base payable days become less. We are monthly rated and monthly paid executives, how can they vary our per day salary? As per industry standard practise I know that PSU and majority of the companies keep on an average 30 days a month. Also NATIONAL HOLIDAYS are supposed to be "paid holidays" at least.

2. They have registered the Head Office of the company at their residential flat which is in an apartment. Is this allowed?

3. In the offer letter/employee agreement, they have not mentioned any much details about leaves/LOPs?Holidays, they just keep implementing it by showing some internal documents, which is NOT signed by us.

Kindly advice on the above matters.


Asked on 10/01/12, 7:38 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may go through my website www.karvai.in and read labor laws and industrial disputes act.

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Answered on 10/02/12, 12:45 am


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