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rajanassociates
50

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
prashant talpade
hi friends,
I am working as Mgr L &D, My organigation is not allowing me to take leave for practsing my religious tradion and customes. 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 south.
My constitutial right of freedom to practise my religion and custom is effected, what remedies can i have. I also expect a negetive behaviour from my boss.
I just have 2 days with me.
rgds,
PT

From India, Mumbai
MAJOR(RETD) D BHUSHAN RAO
12

RESPECTED SIR,
I HAVE GOT A SECURITY CONTRACT WEF 01 MAY 2008 AT BSNL GUNTUR
I HAVE NOT TAKEN AN OLD EMPLOYEE WHO WAS EARLIER WORKING SINCE LAST 12 YEARS. NOW HE HAS WRITTEN TO ASST LABOUR COMMISSIONER FOR HIS EMPLOYMENT AT SAME PLACE. I HAVE OFFERED OTHER PLACE WITH IN 100 KMS FROM HIS HOME STATION. HE IS DEMANDING HIS EMPLOYMENT AT THE SAME PLACE. ALC IS IN FAVOUR OF HIM. ONLY THREE VACANCIES ARE THERE WHERE I HAVE ALREADY EMPLOYED THREE EX-SERVICEMEN . NOW ALC ASKING ME TO EMPLOY HIM UNDER WEEKLY OFF/OTHER HOLIDAYS VACANCY.
REQUEST ADVISE ME WHAT SHOULD I DO PLEASE.
YOURS SINCERELY
MAJOR D BHUSHAN RAO
EMAIL:
mob 9848592330

From India, Hyderabad
meghamala
Respected sir,
Government Agencies is really solve the problems of employees or mingle with the Management and will give creat problmems.
I think, after globalisation and liberation, The Government is giving more importance to establish the industries in large by inviting the investors and facilitating by giving land, water and other amenities.
In the light of the above, they are not giving more importance to the working class.
Please clarify.
Regards,
Prakash

From India, Hyderabad
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