Can We Challenge an MNC's Decision to Issue a Warning Over a Birthday Celebration?

Applicability of Labor Laws to MNCs

Do 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.

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).

Labour laws are applicable to all establishments, whether domestic or multinational, international, or any other type.

Sumit

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

Procedure for Handling Complaints

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,

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 would be safe? At that time, drunk anti-social elements could 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, shouldn't you be the first person to raise an objection at such a breach of security?

Warm regards.