Employer fraud Employer fraud

5 years ago

I joined a company on 8 oct 2018 and at the time of joining my manager said that i will be allocated 33 leaves in year (1 sick leave and 1 casual leave every month and 6 earned leaves in every six month). But after just 3 weeks of my joining they changed there policy of leaves and reduced it to only 20 leaves a year ( .5 sick leave and .5 casual leave every month and 4 earned leaves every 6 months). Now my question is that, does company allowed to make its own leave policy and if it is then can it reduce the number of leaves mentioned in the section 10 of UP shops and establishment act 1962. And also can i sue them for rduceing the number of leaves and also not approving my sick leave in the month of november which was a genuine leave. I had a bike accident and even sent pics of that to my manager. and also for mental harassment. Does it count as violation of my fundamental right.

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Mr Gupta,
First see the legal status of the company before filing the case against them.
Next is you have the right to go to the Court of law.
You can not change the rule of the company.It is the prerogative of the company.
You have the option either to stay or to quit.
Just be sure in which category you are coming in UP shops,,,,,,,,,,,,,,,,,,,,,,,, or Company Act
Shanti Ranjan Behera
Advocate
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Aditya Gupta

Replied 5 years ago

I suppose prerogative of any company can not supersede the law of nation. Whats in the law is rightfully mine. Does any company allowed to make rule that will supersede the law of state?

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Shanti Ranjan Behera

Replied 5 years ago

Yes, you are right.
Do you know the laws/rules and regulations in Free Trade Zones/Export Processing Zones with special reference to Labour Rights/Labour laws.Are they not operating within the territory of India?
I am just giving something to read and reflect.In case you have read just ignore.
Legal issues related to offshore outsourcing to India
Cheap-Labour--More gain, a good bet? Most developed nations in the world, especially the USA has engaged in outsourcing a majority of their industrial and trading contracts, offshore to developing countries like India to ensure benefits of inexpensive labour and cost reductions. This smart theory in the world skyrocketing costs involved in undergoing resources and labour expenses has expanded the competitive foreign market and benefitted the source company in every way. From the list of outsourcing countries that have emerged to fight it out amongst themselves, India reigns the top slot. According to outsourcing provider Intercom India, outsourcing is "a specialized service wherein a responsible provider manages an entire business operation or business function including support, staffing and information technology, to improve business performance and increase shareholder value." It has not only emerged in a particular industry doing some intermittent work but has marked an unimaginable growth in last few decades. This influx of outsourcing business contracts with the availability of highly educated labour, high production gains with having to pay peanuts continues to add to the daunting picture of its unresolved legal issues. A 2010 report stated with the expected growth in the outsourcing business in India from 34% in 2009 to 52% in 2010, the legal issues concerning employment laws, intellectual property laws, data-privacy and bankruptcy, multi-jurisdictional issues and the lack of any specific dispute resolution body, the maze of unanswered and uncontrolled legal issues will suffer complicated litigations. It is an unending loop forming a viscous circle where business contracts are outsourced to offshore companies, which if faces legal issues are handed over to law firms which again in the form of legal process outsourcing is outsourced to the offshore market.
critics of offshore outsourcing discuss subjects like like
(1) potential waiver of privilege;
(2) potential disclosure of sensitive or confidential information;
(3) unauthorized practice of law;
(4) quality control; and
(5) potential conflicts.
Contractual terms of an outsourcing contract, the mandates between an employer-employee and also third party benefits where the main company could be called the ‘outsourcer’, the company to which the work has been outsourced to is the ‘service provider’, are the disputed areas attracting legal concern. Most companies attempt to camouflage their individual identities to evade legal liability and remitting benefits and obligations arising out of the ‘outsourcing contracts’ towards their employees where the court must pierce such corporate veil and pull of the facade to meet justice.
KPO/BPO/LPO all come under the above mentioned category.
Shanti Ranjan Behera
Advocate

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.You may approach the Labor Commissioner under section 12 of Industrial Disputes Act
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ARPIT BATRA

Responded 5 years ago

A.Yes, they can change the same.
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Aditya Gupta

Replied 5 years ago

If company can make its own rule then whats the point of making law. Today they reduced my leaves and tomorrow they will increase my days working hours. Do i have any right or not.

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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.Company can change his own rules. Because his private . Not government.
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Aditya Gupta

Replied 5 years ago

If company can make its own rule then whats the point of making law for them. Today they reduced my leaves and tomorrow they will increase my days working hours. Do i have any right or not.

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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 5 years ago

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A.The answer to this question lies on the fact that whether your company is govt organization or private, is it a factory or a shop or office. Depending on this information the relevant labour laws will be applicable.
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Aditya Gupta

Replied 5 years ago

Its a private organization. A KPO.

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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.Yes
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Aditya Gupta

Replied 5 years ago

I had many questions in that note. Can tou please give me elaborated answer on this mater.

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