Legal Do’s And Don’t,s for Working Professionals

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Working professionals are prone to service condition related problems as the employers are increasingly resorting to malpractices. The reasons for resorting to malpractices are generally:

                                               1. Small rifts between the employees

2. Work place poor interpersonal relationships.

3. Difference in Approach to Projects.

     

     4. Employee Absenteeism and Tardiness.

                                                 5. Change in Leadership.

6. Discrimination.

7. Personality Conflicts.

Sometimes increasing differences may lead to bitter consequences at workplace in the form of deliberately spoiling the service conditions of the employees by the employer.  

Employer possesses a senior position and by virtue of possessing a senior superior position, he controls the operation that directly affects the service conditions of the employees.

Under such a situation, having complete awareness and knowledge about the legal recourse and remedial measures is a must.

This Blog gives you an inside into how Working professional can save himself/herself from the extremely negative work place behavior of the superiors to spoil their career.

PROBLEMS AT A GLANCE

PROBLEM NO.1

DELAYED SALARY DISBURSAL

The most commonly used medium by the employers to harass the employees is DELAYED SALARY DISBURSAL.  Under such a situation employees can approach the Labour Court under section 5 for redressal

Section 5 of the act specifies the time of the payment of wages.  The wages of the persons employed in industrial or other establishments shall be paid before the expiring of the seventh day.

Whereas for any other railway factory or industrial or other establishment, it should be paid before the expiry of the 10^th  day.

WAGE CYCLE/ATTENDANCE CYCLE

This is the period during which the attendance of the employee is counted for the purpose of salary disbursal.  It is recorded in the register’s for the said purpose.

IN CASE OF TERMINATION OF AN EMPLOYEE

Any person who is terminated by or on behalf of the employer, the wages earned by him should be paid before the expiry of the second day from the one when the employment is terminated. 

However, where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.

Problem No. 2

DENYING THE RESPONSIBILITY TO MADE THE PAYMENT OF SALARY

In many cases the employer plays a blame game and diverts the responsibility from person to person to make the payment of the salary in order to harass the employee.

The responsibility for the payment of wages is clearly specified under section 3 of the payment of wages act.

It states three different conditions under which responsibility is fixed upon a particular person:

 (a) In factories if a person has been named as the manager of the factory under clause (f) of sub-section (1) of section 7 of the Factories Act 1948 (63 of 1948)

(b) In industrial or other establishments if there is a person responsible to the employer for the supervision and control of the industrial or other establishments

(c) Upon railways (otherwise than in factories) if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned.