I am working for one of the MNC companies situated in Navi Mumbai. In the month of August, there is a heavy workload on all employees in data entry. Our HR has informed us that we need to stay at night and complete the work. If we do not stay, they will take disciplinary action against us, and we will be liable to pay a penalty amount of Rs. 10,000. However, one of the employees mentioned that he cannot stay overnight and will come in the next day (which is a holiday). The company did not agree to this condition, locked the office from outside, and kept the employee locked inside until the morning. This led the employee to file a complaint against the company, and the police arrived at the office, warning our boss and demanding the employee's salary.
The following day, the boss admitted his secretary to the hospital (as she is 5 months pregnant) and filed a complaint against the employee, stating that due to his actions, the secretary's blood pressure rose, leading to her hospitalization. Additionally, he filed a First Information Report (FIR) against the police constable for their involvement in the matter and also wrote a letter to the labor commissioner with false allegations. Consequently, the police arrested the employee and suspended the constable for 15 days.
Legal Measures for False FIRs
If someone files a false FIR and an innocent person ends up in jail, what legal measures can protect the innocent party from facing such situations?
Please advise on the precautions to be taken in the future.
Regards
From India, Mumbai
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The following day, the boss admitted his secretary to the hospital (as she is 5 months pregnant) and filed a complaint against the employee, stating that due to his actions, the secretary's blood pressure rose, leading to her hospitalization. Additionally, he filed a First Information Report (FIR) against the police constable for their involvement in the matter and also wrote a letter to the labor commissioner with false allegations. Consequently, the police arrested the employee and suspended the constable for 15 days.
Legal Measures for False FIRs
If someone files a false FIR and an innocent person ends up in jail, what legal measures can protect the innocent party from facing such situations?
Please advise on the precautions to be taken in the future.
Regards
From India, Mumbai
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Since one of the employees has been arrested, first and foremost, try to obtain bail for him. Secondly, pass on the information to news media like ABP Majha. However, keep your identity secret. The hunger of news channels is insatiable. They will do the further needful.
Leadership vs. HR Issues
For Bugmenot2: More than HR, it is a leadership problem. HR could be a puppet at the hand of leadership in such companies.
Thanks,
Dinesh V Divekar
From India, Bangalore
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8072Leadership vs. HR Issues
For Bugmenot2: More than HR, it is a leadership problem. HR could be a puppet at the hand of leadership in such companies.
Thanks,
Dinesh V Divekar
From India, Bangalore
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Understanding Legal Rights in Employment Situations
This is a very typical situation where answers cannot be given in a simple manner. The situation explained is certainly alarming. Let me explain first that no person can be detained or confined except with legal authority. The employer has no legal authority to detain any employee for any reason. This is a criminal offense, and certainly, an FIR can be lodged against the person who does so.
I think the approach of the HR Officer was certainly incorrect and disgusting. The last-moment communication and giving threats suggest that the production department was lacking in their homework. When there is a heavy workload, it could have been planned well in advance.
Giving threats that a police complaint will be filed against the employees if they leave the place is simply childish. There cannot be any police complaint for this reason.
I will certainly advise that to avoid such situations, it is always better to place your grievances collectively to the higher authorities. Conduct a post-mortem of the incident that occurred in August 2013 without fail. In discussions, submit the points and problems you face and ask for proper directions, preferably in writing, from higher authorities. Please do not ignore such incidents but seek firm directions from higher authorities.
From India, Kolhapur
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This is a very typical situation where answers cannot be given in a simple manner. The situation explained is certainly alarming. Let me explain first that no person can be detained or confined except with legal authority. The employer has no legal authority to detain any employee for any reason. This is a criminal offense, and certainly, an FIR can be lodged against the person who does so.
I think the approach of the HR Officer was certainly incorrect and disgusting. The last-moment communication and giving threats suggest that the production department was lacking in their homework. When there is a heavy workload, it could have been planned well in advance.
Giving threats that a police complaint will be filed against the employees if they leave the place is simply childish. There cannot be any police complaint for this reason.
I will certainly advise that to avoid such situations, it is always better to place your grievances collectively to the higher authorities. Conduct a post-mortem of the incident that occurred in August 2013 without fail. In discussions, submit the points and problems you face and ask for proper directions, preferably in writing, from higher authorities. Please do not ignore such incidents but seek firm directions from higher authorities.
From India, Kolhapur
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