kovaimani2008
Does our labour laws applies to MNCs also? If yes, under which category?
My wife is working for an MNC and some of her colleagues celebrated her birthday on the way back to home after night shift. They stopped the cab, got down from the cab and celebrated the event for five minutes and went back home. One among that group after involving in the event, made a complaint to the management after two days the incident took place, that her life was at threat. The management without enquiring other team members who were involved, decided to issue a warning notice. It was my wife's birthday and the company is insisting her to take a warning letter. If not, threatens to terminate. Could we take a legal action, if the company terminates her? How do we handle this? Please advice.

From India, Coimbatore
Yaasmin
47

the management should enquire thouroughly
is there any proof which links your wife's birthday celebration with her incident of threathening of life.
u have seen the film Aitraz ( if u are not wrong, stick to it, do not let others to make u defaulters)

From India, Mumbai
sumitk.saxena
252

labour laws are applicable to all the establishment either it was domestic or mnc, international or whatsoever it may be. sumit
From India, Ghaziabad
nvraovskp
55

Dear Mr Kovaimani,

It is the responsibility of an employer to provide the safe mode of transportation for their employee who work in the night shift. After witnessing the incidents of rape and death of female employees by the cab drivers in some of the BPO's, the governments made it complusory on part of the employers to provide safe mode of transportation for their employees very particularly who work in night shifts.

In the instant case, the collegues of your wife have celebrated her birth day in the night that too whilce coming from duty which is not justifed. If they want to do it, they were supposed to obtain the prior permission of concerned officer. But, they wouldnot have been stopped the company vehicle for the above purpose without intimating the same to any authorised officer that too in night time. If any thing goes wrong to whom the collegues of your wife have to blame? So, the complaint of her collegue is said to be justified.

But, the action of management to give a warning to your wife for such a minor issues is not justified and couselling them orally is more than enough. If necessary, the management can issue one general circular informing all employees not to stop the comapany vehicles for private purposes while going or coming from duty etc.

Regards

NVRao

Hyderabad

From India, Hyderabad
babanaresh
7

There is procedure for dealing this.
!.0 Management has to get written complaint.
2.0 Has to inquire.
3.0 If there is prima fascie, found gulity then warning/chargesheet.
4.0 However, employee can not deny to accept any letter, he/she has full right to defend himself/herself.
These kind of issue requires detailed investigation before proceding any warning.
Regards,

From India, Delhi
Raj Kumar Hansdah
1426

Dear Mr. Kovaimani

I agree with the remarks of Mr. N.V. Rao.

Here, there is no Labour Law angle involved; and you should not feel offended if the management is issuing a Warning Letter.

The Birthday of your wife can be celebrated in the office too. By stopping the company vehicle carrying several employees including women, late night midway, your wife's colleagues committed a SERIOUS BREACH OF SECURITY.

How do you know the place was safe ? What guarantee was there that the occupants of the vehicle will be safe ? At that time drunk anti-social elements can create problems leading to a scuffle and possible injuries. This was done without any prior information to the management; and the SECURITY WAS COMPROMISED.

Had there been an untoward incident; WHO WOULD HAVE BEEN RESPONSIBLE ?

Celebrations should be done with RESPONSIBILITY.

It is good that the matter was reported, and a warning letter is being issued. This will prevent such MISADVENTURES in future, by any employee.

Please think over it coolly and calmly.
Don't you want your wife or any other family members to return home safe, after a night shift ??
As a loving, caring and concerned husband, should not you be the first person to raise objection at such breach of security ??

Warm regards.


From India, Delhi
Cite Contribution
1858

Greetings,
Request you to take a high level view to the entire incident. Think from a third party stand point. You will find security norms meant to be followed and a personal choice coinciding leading to an incident like this. Whether your wife wanted to celebrate it at that time or not is irrespective at this point. The fact that she did not object to it or tried to evade the celebration at that hour makes her responsible for it.
Code of conduct empowers us to question when we find ourselves in situation which we may not completely comprehend at the time when it occurs. The fact we don’t question them makes us a part of it even if it is a dormant role.
Hence, do take this incident as a learning . We respect you trying to protect and fight for your wife. But there is no point in fighting if it is fundamentally wrong. Please do not compare this incident. Take it as an individual experience and move beyond it.
Wish you two a bright future ahead.
Regards,
(Cite Contribution)

From India, Mumbai
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