I have posted about it in many threads.
You may log onto:
https://www.lawyersclubindia.com/forum/Labour-Service-Law.asp#.VNTTxc-qr5Y
At bottom on Right Hand Side there is a button for ‘Search Topics and Posts’…………
Type the key words and press ’GO’ and you can access lots of informations,attachments,publications,judgments attached in various threads………….
Why employees in your sector i.e. IT/ITeS suffer from such unscrupulous employers and their attorney’s in Line Managers/HR personnel?
Because they are not thoroughly united!!!!!!!
Now there are many IT/ITeS employee’s unions and many of the trade unions like CITU,INTUC,AITUC,BMS …………….and political parties like Shiv Sena have embraced them.
The employee’s unions have done good jobs too e.g. ending the blanket exemption granted to IT companies from the provisions of Industrial Employment Standing Orders Act…………………………compelling M/s TCS to backtrack from mass lay off (go thru news publications in Chennai and other cities)………………. making it mandatory to form GRC (Grievance Redressal Committee’s in all companies………………….declaration by NSR of Nasschom (national security registry) that they do not indulge in blacklisting of employees…………………..etc…
Are you aware that ‘Works Committee’ as in ID Act is an authority…………………….and it has equal number of members from employees and the President is from Employee’s?
The united employee’s can negotiate service conditions much better and can end their exploitation………………….coercion, intimidation,……..blackmailing!!!!!!
1. The service conditions are governed by various enactments applicable to the employee/establishment/employer…………………………….and such enactments/instruments of law/statue shall prevail upon any private agreement/policy/rule………………….drafted by employer and signed with employee e.g. appointment letter/offer letter/HR policy/Service Rules and regulations/service agreement etc………….
While the employer would like to scream that NO One can rescind the contract signed by him/her………………………..the careful examination of the T&C may reveal that contract is unenforceable, unconscionable, unreasonable, illegal, void…………………….and courts can lift the veil……………………….
Until or unless the employer has incurred reasonable expenses on some certified training that adds to qualification of employee, or some extra ordinary skills…………………..the agreement may not be even worth the piece of paper on which it is written…………………..
The employee should show the documents in person to an able labor law consultant/service matters lawyer/law firm ……………………for expert opinion………..
2. The document that has been signed as agreement can be place d before the court…………………..the court shall lift the veil…………………including that it was signed under duress……………
Thee employee should build the evidence…………………
3. NO. In such cases it is claimed that employee and witnesses signed by their free will.
If there is evidence that they were coerced,forced,intimidated………………….the agreement may no longer remain enforceable……………..
4. NO. The establishments like Nasschom, NSR have devised method of obtaining prior consent of employee and password…………………..
This too has been discussed in many threads………………..
The ill informed employees do not know how to handle it………………….
The united and properly informed employees would know how to handle it………….
5. The employee should download proof and press charges of ‘defamation’,forgery,fraud,criminal defmation,discriminatory retalaiation…………………and even proceed law of torts……………
The employee should retain access to a lawyer…..
