Dear All
Presenting some of the common bases for employment complaints and its corresponding government agencies handling employee grievances:
• Wrongful Termination - this pertains to the illegal discharge of an employee without any just reason and without conducting an Enquiry substantiating the termination for valid cause. Usually, this occurs as due to an employer's retaliatory acts against an offensive worker.
Authority under the Shops and Establishments Act or Labour Court or Civil Court for Managerial Staff
• Employee Discrimination - another common cases that many employers are culpable of, discrimination is an illicit act of singling out an employee for any of the following bases (race, nationality, age, gender, marital status, religion, disability, among others)
Commissioner of Labour of State/Dist or Human Rights Commission
• Violation of the Family and Medical Leave Act - this pertains to the resistance of the employers to give their workers twelve weeks of unpaid protected leave for reasons of: caring for a newborn child, or medical treatment for their own sickness.
Authority under the Maternity Benefit Act or Shops and Establishments Act
• Violation of the Right to Organization - this labor law infringement is associated with any acts of an employer to prevent an employee to organize a union or to be involved in any activities arguing wages and other unpleasant work conditions.
Industrial Disputes Act or Labour Court.
• Failure to Give Worker's Compensation - employees who will be injured in exercising their jobs are entitled for worker's compensation benefits to help them with their medical expenses. These financial aids also aim to compensate injured employees for the period they were not able to work.
Commissioner of Workmen’s Compensation under W.C Act
• Hazardous Workplace - any employee has the right to refuse from entering a dangerous workplace if not appropriately informed of such conditions. They may also demand for special protective gadgets in case of unavoidable workplace risks.
Competent Authority under Shops & Establishments Act.
• Sexual Harassment - the right to work in any environment free from any part of harassment. For this, sexual harassment shall include:- (i)All verbal or physical behaviour which is unsolicited and unwelcome and interferes with an individual work performance by creating and intimidating work environment.(ii)That unwelcome sexually determined behaviour [wherever directly or by implication] in any form such as : (a) Physical contact in advances (b) a demand or request.(c) Sexual coloured remarks.(d) Showing pornography (e) Any other unwelcome, physical, verbal or non-virtual contact of sexual nature.
Redressal Mechanism in the Organization/Police
With Regards
V.Sounder Rajan
From India, Bangalore
204Presenting some of the common bases for employment complaints and its corresponding government agencies handling employee grievances:
• Wrongful Termination - this pertains to the illegal discharge of an employee without any just reason and without conducting an Enquiry substantiating the termination for valid cause. Usually, this occurs as due to an employer's retaliatory acts against an offensive worker.
Authority under the Shops and Establishments Act or Labour Court or Civil Court for Managerial Staff
• Employee Discrimination - another common cases that many employers are culpable of, discrimination is an illicit act of singling out an employee for any of the following bases (race, nationality, age, gender, marital status, religion, disability, among others)
Commissioner of Labour of State/Dist or Human Rights Commission
• Violation of the Family and Medical Leave Act - this pertains to the resistance of the employers to give their workers twelve weeks of unpaid protected leave for reasons of: caring for a newborn child, or medical treatment for their own sickness.
Authority under the Maternity Benefit Act or Shops and Establishments Act
• Violation of the Right to Organization - this labor law infringement is associated with any acts of an employer to prevent an employee to organize a union or to be involved in any activities arguing wages and other unpleasant work conditions.
Industrial Disputes Act or Labour Court.
• Failure to Give Worker's Compensation - employees who will be injured in exercising their jobs are entitled for worker's compensation benefits to help them with their medical expenses. These financial aids also aim to compensate injured employees for the period they were not able to work.
Commissioner of Workmen’s Compensation under W.C Act
• Hazardous Workplace - any employee has the right to refuse from entering a dangerous workplace if not appropriately informed of such conditions. They may also demand for special protective gadgets in case of unavoidable workplace risks.
Competent Authority under Shops & Establishments Act.
• Sexual Harassment - the right to work in any environment free from any part of harassment. For this, sexual harassment shall include:- (i)All verbal or physical behaviour which is unsolicited and unwelcome and interferes with an individual work performance by creating and intimidating work environment.(ii)That unwelcome sexually determined behaviour [wherever directly or by implication] in any form such as : (a) Physical contact in advances (b) a demand or request.(c) Sexual coloured remarks.(d) Showing pornography (e) Any other unwelcome, physical, verbal or non-virtual contact of sexual nature.
Redressal Mechanism in the Organization/Police
With Regards
V.Sounder Rajan
From India, Bangalore
Hi friends,
I am working as Mgr L&D. My organization is not allowing me to take leave for practicing my religious traditions and customs. I have more than 30 days of paid leave to my credit and had also informed my employer 15 days in advance regarding the same; however, there was no response. I am based out of Mumbai, currently on official duty in the south.
My constitutional right of freedom to practice my religion and customs is affected. What remedies can I have? I also expect negative behavior from my boss. I only have 2 days left.
Regards,
PT
From India, Mumbai
I am working as Mgr L&D. My organization is not allowing me to take leave for practicing my religious traditions and customs. I have more than 30 days of paid leave to my credit and had also informed my employer 15 days in advance regarding the same; however, there was no response. I am based out of Mumbai, currently on official duty in the south.
My constitutional right of freedom to practice my religion and customs is affected. What remedies can I have? I also expect negative behavior from my boss. I only have 2 days left.
Regards,
PT
From India, Mumbai
Dear Sir,
I have a security contract effective from May 1, 2008, at BSNL Guntur. I did not retain an old employee who had been working for the past 12 years. Recently, he has approached the Assistant Labour Commissioner seeking reinstatement at the same location. I have proposed an alternative position within 100 kilometers of his residence, but he insists on returning to his previous role. The Labour Commissioner is supporting his request. Currently, there are only three vacancies, all of which have been filled by three ex-servicemen. The Commissioner is suggesting that I employ him to cover weekly off and other holiday vacancies.
I seek advice on how to proceed in this situation.
Sincerely,
Major D Bhushan Rao
Email: raodammalapati@yahoo.co.in
Mobile: 9848592330
From India, Hyderabad
I have a security contract effective from May 1, 2008, at BSNL Guntur. I did not retain an old employee who had been working for the past 12 years. Recently, he has approached the Assistant Labour Commissioner seeking reinstatement at the same location. I have proposed an alternative position within 100 kilometers of his residence, but he insists on returning to his previous role. The Labour Commissioner is supporting his request. Currently, there are only three vacancies, all of which have been filled by three ex-servicemen. The Commissioner is suggesting that I employ him to cover weekly off and other holiday vacancies.
I seek advice on how to proceed in this situation.
Sincerely,
Major D Bhushan Rao
Email: raodammalapati@yahoo.co.in
Mobile: 9848592330
From India, Hyderabad
Dear Sir,
Government agencies either really solve the problems of employees or get involved with management and create problems. After globalization and liberalization, the government is giving more importance to establishing industries on a large scale by inviting investors and providing land, water, and other amenities. In light of the above, they are not prioritizing the working class.
Please clarify.
Regards,
Prakash
From India, Hyderabad
Government agencies either really solve the problems of employees or get involved with management and create problems. After globalization and liberalization, the government is giving more importance to establishing industries on a large scale by inviting investors and providing land, water, and other amenities. In light of the above, they are not prioritizing the working class.
Please clarify.
Regards,
Prakash
From India, Hyderabad
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