Does our labor laws apply to MNCs as well? If yes, under which category?

My wife works for an MNC, and some of her colleagues celebrated her birthday on the way back home after a night shift. They stopped the cab, got out, celebrated for five minutes, and then went back home. One person from the group, after participating in the celebration, lodged a complaint with management two days later, claiming that her life was in danger. The management, without investigating other team members involved, decided to issue a warning notice. Since it was my wife's birthday, the company is insisting that she accepts a warning letter. If she refuses, they threaten termination. Could we take legal action if the company terminates her? How should we handle this? Please advise.

From India, Coimbatore
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The management should inquire thoroughly: Is there any proof linking your wife's birthday celebration with her incident of threatening of life?

You have seen the film Aitraz (if you are not wrong, stick to it, do not let others make you defaulters).

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

It is the responsibility of an employer to provide safe transportation for their employees who work night shifts. After incidents of rape and death of female employees by cab drivers at some BPOs, governments have made it compulsory for employers to ensure safe transportation, especially for night shift workers.

In this case, your wife's colleagues celebrated her birthday at night after work, which is not justified without prior permission. They should not have used the company vehicle for this purpose without informing an authorized officer, especially at night. If anything had gone wrong, the colleagues would have been to blame. Therefore, the complaint from your wife's colleague is justified.

However, the management's decision to give your wife a warning for such a minor issue is unjustified. Counseling orally would have been sufficient. If needed, the management could issue a general circular to all employees, instructing them not to use company vehicles for personal reasons while traveling to and from work.

Regards,

N.V. Rao
Hyderabad

From India, Hyderabad
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There is a procedure for dealing with this:

1.0 Management has to receive a written complaint.
2.0 They have to inquire.
3.0 If there is prima facie evidence of guilt, a warning/chargesheet will be issued.
4.0 However, an employee cannot deny accepting any letter; they have the full right to defend themselves.

These kinds of issues require detailed investigation before proceeding with any warnings.

Regards,

From India, Delhi
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Dear Mr. Kovaimani,

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

Here, there is no labor 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 at 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 the 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 a breach of security?

Warm regards.


From India, Delhi
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Greetings,

I request you to take a high-level view of the entire incident. Please think from a third-party standpoint. You will find security norms that are 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 irrelevant at this point. The fact that she did not object to it or try to evade the celebration at that hour makes her responsible for it.

The code of conduct empowers us to question when we find ourselves in a situation which we may not completely comprehend at the time when it occurs. The fact that 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 experience. We respect you for trying to protect and fight for your wife. However, 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.

I wish you both a bright future ahead.

Regards,
(Cite Contribution)

From India, Mumbai
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