terms for dispute resolvance between employee and employer terms for dispute resolvance between employee and employer

9 months ago

my employer is giving me a form to sign where one term is that if any dispute arises, the case will be under the Market Association to solve. My employer is a shop owner. My question is if in case I have to file a claim/case then the market association will favour only the shop owner then how the employee can get justice?

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
A shop is required to be registered under the State Shops and Establishment Act and governed by the provision of said Act. The Chief Inspector, Shops and Establishment is the competent authority to redress the grievance or dispute of any employee or workman arising in the course and out of employment. Thus the terms for redressing the dispute by the Market Association are infructuous and unenforceable bereft of any legal sanctity. So. to get justice in your cause, you have to make a complaint against the shop owner before the Chief Inspector, Shops and Establishment concrned.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,
Seek Legal Advice: If you have concerns about the fairness of the dispute resolution process mentioned in the agreement, it's advisable to consult with a legal professional. They can review the specific terms and advise you on your rights and options under the applicable laws.

Negotiate the Clause: Before signing the agreement, you can try negotiating the dispute resolution clause. You may request alternative dispute resolution methods, such as mediation or arbitration, that you believe would be more impartial.

Labor Authorities: In some jurisdictions, labor authorities or governmental agencies oversee employee-employer disputes. You can explore whether there are other avenues available to address any grievances you may have with your employer.

Employment Laws: Familiarize yourself with the labor laws and regulations in your region to understand your rights as an employee. Labor laws may provide protection for employees in case of unfair practices.

Join a Union: If available and applicable, consider joining a labor union. Unions can advocate on behalf of employees and help address issues related to employment rights and disputes.

Document Everything: Keep copies of all employment-related documents, communications, and records. These may be useful in case you need to support a claim or dispute.

Know Your Rights: Be aware of your rights as an employee and what constitutes fair and legal treatment in your workplace. This will help you recognize any potential violations.

Remember that the specifics of your situation can significantly impact the best course of action. Consulting with a legal professional who is familiar with labor laws and regulations in your region is essential to address your concerns effectively and protect your rights as an employee.
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