Addressing Employment Law Violations in India
Please do answer the queries put forth by Mr. Anil. Your response will help others too. I have read your post with interest and I agree with your allegations.
The private sector in India, especially the small companies, is yet to understand the employer-employee relationship. They indulge in flagrant violations of employment laws and treat their employees in a master-slave/servant relationship. They have scant regard for human rights or human dignity.
This is the mindset that we have to change. One way is to let market forces correct this. However, in the skewed demand-supply situation, this does not seem feasible.
Another way is to strengthen the laws and regulations and ensure strict compliance with them. Also, to promote professionalism in HR, who should be empowered and made responsible for issues related to employees and working conditions. There is no certification or statutory body for HR professionals, unlike for doctors, lawyers, CAs, and ICWAs. The only ones we have are those related to working in factories and mines. Any other legislation that exists does not touch upon a large majority of employees or issues.
Your case is an example where there are no laws governing your situation. Thus, the employer has absolute latitude to deal as he pleases without any worries except for social or professional ostracism, if any.
The time has come to go beyond these and to have standard terms and conditions covering every human aspect of industries and businesses. At CiteHR, we are endeavoring to network with HR professionals and to create momentum to bring about such desired changes and developments.
Warm regards.