mobile phone
Querist :
Anonymous
(Querist) 18 April 2011
This query is : Resolved
Sir,
I am medical representative having no mobile phone & my manager wants me to buy it at my expense, as he wants to talk to me any time in a day on official matters,though i am calling him almost everyday or at least alternate day.
I have told him that wherever we go (hospitals & doctors)mobiles are not allowed.
I sending reports & correspondence thru' e.mail. My e.mail id is also there with him. Nothing is that urgent in this profession except his motive of policing.
He keeps disturbing & harassing on mobiles to other collegues of mine, its informed.
He says buy else face consequences.
One collegue of him has committed suicide in his earlier co.(where he worked before) because of harassment on mobile.
Can company make me compulsion like this under any law/legally?
Please guide how to approach?
Its health hazard as our job involves traveling on road.
Querist :
Anonymous
(Querist) 18 April 2011
Its open query, reply/guidance solicited please!
R.Ramachandran
(Expert) 18 April 2011
You cannot look from legal angle every aspect of life and work.
What is your issue - whether you can be compelled to own a mobile phone and that too for office work or not? - No, you cannot be compelled. But the employer can say that he would be employing only those with a mobile of their own. For this you cannot object.
You say that to keep a mobile is hazardous since you have to travel on road. But will not that be a problem if the mobile is provided by your employer? Therefore, if you want, you can even keep the mobile off / in silent mode when you are travelling or at best, you need not attend to the same when driving the bike. Or, you can stop the bike by coming to the side of the road, take the call, explain that you are riding etc. etc.
All is possible if you want to do. If you do not want, then it is difficult even to press the button to take the call!
Therefore, consider whether you can abide by the conditions of service, or else switch over to some other service/employment which suits you. Everything cannot be approached from legal angle. Assuming that you want to take legal action or fight through legal means, you have to bear the expenses. Such expenses will definitely be much more than the cost of the mobile phone and the phone charges. But you can take a grand stand that you are fighting for principle and not in terms of money! Then it is your choice and you have to decide what you want to do.
Guest
(Expert) 19 April 2011
If it is not compulsory for you as a part of prescribed service condition, your manager cannot compel you to buy a mobile phone for official purposes. If your manager threatens you to face consequences if you don't buy, you just request him politely to give you written instructions for purchase of the mobile at your own expenses for the company work. But still if he does not give you any written instructions and insist you to buy, just send him a letter asking for clarification whether the cost of mobile and the bills will be borne by the company, as you have been directed to buy a mobile phone.
However, if your company provides you the mobile phone or agrees to bear the monthly bills of call charges you will have to abide by the wishes of your company.
Advocate. Arunagiri
(Expert) 19 April 2011
You are exaggerating the issue. If your boss wants to call you over mobile, you have to buy the mobile.
The companies insisting on the employees (marketing executives) to have a bike and mobile phones, for the mutual convenience.
if you are not complying the directions of your superior, you will loose the job.
His direction is not illegal.
Querist :
Anonymous
(Querist) 19 April 2011
Thank you Sir(s) for all your valuable feed backs & guidance. Its not for mutual convenience but ego issue. He is just year old. I am managing company business for last 6 years successfully being one of the toppers in the country.
Thanks again. Regards.
