Labour Law - Employment bond, harassment at work
10 months ago
Posting on behalf of my sister
My sister is working in the hospitality industry. She graduated from college last year and got employed via College placements.
They mentioned that she would be a trainee and made her sign a bond of 4 year (2 years as a trainee and 2 years as an employee with a penalty amount of 7.5 lakhs). She is being paid a stipend instead of a salary, she doesn't receive a pay slip.
Are trainees governed and protected by the same laws that an employee is entitled to?
It's training disguised as employment. They make her work 68 to 72 hours instead of 48 hours per week without overtime. There are days when proper breaks aren't provided.
(During times like Christmas) She was forced to work for 15 days without an off. 12 hour shifts were a minimum, she has competed 14/15 hour shifts as well.
There have been days where breaks longer than 15 minutes on 12 hour shifts were denied, the frequencies of such instances have increased recently.
She was promised multiple sessions with leading industry specialists and factory visits. But the schedule is rarely updated. Only 4 sessions were conducted in a year, No factory visits. 2 HR sessions and 1 POSH session were also conducted.
She has also has harassment and unprofessional language at the workplace. She's raised 2 POSH complaints.
She received a voice message from her manager at 3AM where threats were made to physically harm her outside the kitchen, he later deleted the messages. (Please note that she did not encounter physical abuse but threats were made)
The verbal abuser has argued / fought with her after a POSH complaint (Can this be considered as retaliation)
The use of degrading/unprofessional language in the office is common in the presence of female employees, please note that this wasn't directed towards my sister.
The manager/higher-ups were made aware of this several times but was dismissed as work stress.
There have been instances where she was forced to travel alone in Delhi without a security escort at 10:30PM several times.
This was when her official shift ended at 7PM but was forced to work till 9/10:00 PM.
She did speak to the security team, was informed that cabs would be available after 11PM, this wasn't a viable option as she was exhausted as she was working from 10AM.
There was another instance where her colleague was denied a cab when her official shift ended at 11PM as her residence was too far. She was informed by HR to move closer to the work location. She was denied a night time cab in the meantime when she was shifting to a nearby location.
These are strong allegations, Who shares the burden of proof? And type of proof is accepted/valid?
What is the eligibility criteria for a class action lawsuit?
Is this enough to file a counter suit for the emotional distress/damage that she has faced?
The laws relating to the Hospitality Industry can be classified into the following three broad categories: The new and existing hotels must adhere to all the statutory regulations imposed by the state and central laws in the hotels’ commissioning, construction, and maintenance within their respective jurisdictions. The Hotel and Restaurant Approval and Classification Committee (HRACC), under the Ministry of Tourism, is the primary governing authority; and The Hotel Association of India is the central regulating body for Hospitality Industry across the country. The hospitality industry requires a license to venture its business under different Act and Rules, e.g, A license under the Shops & Establishments Act. A license under the Prevention of Food Adulteration Act. Registration under the Contract Labor Act. Registration under the Pollution Control Act. Registration under the Apprentices Act. Registration under the Provident Fund Act. Registration under the ESI Act. etc. Every state has its own Act and the hospitality industry comes within the scope of commercial establishments and they are required to be registered under the act which gives proof of incorporation of the business concern. Chief Inspector under State Shops and Establishment Act is the regulatory authority of the hospitality industry and for any sort of grievance, the employee or apprentice can file a complaint against the employer for redressal of his or her grievance failing which a complaint may be filed before The Hotel and Restaurant Approval and Classification Committee (HRACC), under the Ministry of Tourism, Further when the employee made a complaint under POSH Act before the Internal Inquiry Committee(IIC) and got no positive response yet, and in case you smell any signs of victimization or unfair labour practice from the end the Company, you may bring the matter to the notice of District Magistrate or ADM who is designated as District Officer of the Local Complaints Committee u/s.5 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 for redressal of your grievance. Reach out to an Advocate experienced in the hospitality industry for guidance and steps.
We would advise you to file a complaint in the relevant labour court stating your grievance. Please consult a good lawyer and proceed with the case
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