Official iddue
7 months ago
I am an employee of a Private Hospital since last 29 years. Before 13 years when I was Deputed to their Nursing School as a Non-Teaching Staff, it was written in my Deputation letter that "I shall be governed by the Rules and Regulations of the Associate Organisation which may supersede the standard terms and conditions of employment for the period of Deputation". It has also been mentioned there that " the terms and conditions as mentioned in STAFF SERVICE RULES shall be applicable to the Faculty and Non-Teaching Staff of the school". This letter was signed by our COO.
Though In the STAFF SERVICE RULE, the eligibility of availing School Bus service was not mentioned, As per the Verbal permission of our COO given to me to avail School Bus service in the schedule Route of the Bus, I was availing the service since last 13 years. In addition to that, as per my Deputation letter, the Terms and Conditions which are applicable to the Faculty is also applicable to me.
Recently I got a phone call from a HR Personel that I'm not supposed to avail the School Bus service as I'm a Non-Teaching Staff. I tried to convience her about my COO's verbar permission to me regarding this matter. But that HR personel ignored my words. Instead a letter has been issued to the Principal of the School where it was clearly mentioned that School Bus is provided for all Faculty and students. Bus service should be stopped to the Non-Teaching Staffs, which is totally contradictory to my case. Being a senior staff, I am feeling very much insulted and seeking Legal Advice.
Now my quarried are :-
1. Can I avail the School Bus Service along in regular basis as before ?
2. If "Yes", then how will I proceed?
3. Can I take any Legal Action against my Company or issue any "Advocate's Letter"
4. Can I get any compensation for insulting me?
Here are some considerations:
Review Employment Documents: Carefully review all your employment documents, including your Deputation letter, Staff Service Rules, and any other agreements or policies that may be relevant to your case. Pay attention to any language regarding benefits or services like the School Bus service.
Verbal Agreements: While verbal agreements can have legal weight, they can be challenging to enforce without written documentation. If you have evidence of the COO's verbal permission to use the School Bus service, such as emails, witnesses, or records of the conversation, this could be valuable.
Consult HR and Management: Consider scheduling a meeting with HR and higher management to discuss the issue and clarify your position. Bring all relevant documents and evidence with you to the meeting.
Legal Consultation: If discussions with HR and management do not resolve the issue, consult with an attorney who specializes in employment law. They can assess the strength of your case and provide legal advice on potential actions.
Dispute Resolution: Many companies have internal dispute resolution mechanisms, such as grievance committees or ombudsman offices. Explore these options if available within your organization.
Legal Action: If you believe your rights have been violated, your attorney can advise you on whether there are grounds for legal action. This could include a breach of contract claim or a claim related to employment discrimination, if applicable.
Compensation for Insult: In some cases, if you can demonstrate that you have suffered significant harm, emotional distress, or damages due to the company's actions, you may have a basis for seeking compensation. Your attorney can provide guidance on this matter.
Advocate's Letter: Your attorney can draft an advocate's letter on your behalf, addressing your concerns and demands. Such a letter can be a formal way to communicate your position to the company and may prompt a resolution.
Document Everything: Maintain a record of all communications, meetings, and relevant documents related to the issue. This documentation can be crucial if you decide to take legal action.
Thank you.
Staff Service Rules governing the terms and condition of a contract of employment in an establishment does not cover the facilities/amenities or any privileges until and unless it is expressly mentioned in your contract of employment. Oral permission of the COO made under humanitarian grounds cannot be treated as a permanent order on the subject if you are not covered by the policy or service rules of the establishment. So, you cannot claim that facility as a matter of right on the grounds of continuous use of that facility even through litigation.
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