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Advocate Suneel Moudgil (Advocate)     05 December 2010

Labour Law

Mr. A, B and C worked as labourer in the residential house of Mr. X for one and a half year, during the period they got approx. 50000/- and balance 125000/- is yet pending, now Mr. X refused to make their payment, can Mr. A, B and C knock the door of labour office/court for the above mentioned dispute. kindly note the labourers worked in the residential house..................



Learning

 4 Replies

Muzaffar Ahmad (Chief Strategy Officer)     05 December 2010

 

Hi,

My name is Muzaffar Ahmad and I have some a meeting with the President of my organisation tomorrow. The reason is because I sent him a mail with cc to almost everyone in the organisation.

 

 

The mail is as follows:

 

 

My name is Muzaffar Ahmad Noori and I’m the part of the temp employee team of Adecco and working in Airlines office. The purpose of this letter is not to insult anyone but to inform the highest designated authority with the false operational activities on the floor.

1.      Recruitment: This is to inform you, Sir, that the procedure which recruitment team is following is not the effective and productive at all.

 

2.      The way Talent Management Team handles and communicate with other employees is not ok at all.

3.      There is no induction policy in for Temp employees.

4.      There is a big DISCRIMINATION with Temp Employees in the organisation.

5.      There is no set of procedure that need to be followed by everyone.

6.      There is no such policy e.g. “NO ONE CAN ABUSE ANYONE BY ANY MEANS IN, AT LEAST, THE OFFICE PREMISES.”

7.      Whenever there is an HR meeting; the temp employees are never considered as the part of that meeting though they are the part of the same organizational structure.

8.      There is no training in HR department for Temp employees.

9.      Wastage of Resources:

                                                                   i.      Wastage of Papers

                                                                 ii.      Wastage of Electricity

                                                               iii.      Ill(Sick) use of Position

                                                               iv.      Miss use/Waste of Talent

I want to bring these things in your notice, so, in future if someone joins this organisation (may be as a Temp.) in any department he/she is not discriminated like present. Being the head of the recruitment in the past I can say just one more thing that “THERE ARE MANY MISFITS IN THIS ORGANISATION: SPEACIALLY THE HR DEPARTMENT.”

Sir, I joined this company in the impression that this is one of THE BEST COMPANIES TO WORK WITH, but I’m sorry to say that at least HR department doesn’t reflect the same.

Please consider my mail as a formal Grievance appeal. I’m sure most of the official crowd will ignore and censure these reproaches towards them respectively.

I had speculated that I might bring some changes in this organization’s operational behavior, at least the HR department. Joining an organization for Rs. 10000/- was not a monitory decision for me. But, there is no change REQUIRED here by any of the designated authorities. From the very first day of the joining I’m trying to implement some ideas but there is no one who can accept my ideas. As per them “THIS IS THE LONG TERM GOAL.” I want to know this, too, sir, that “WHAT DOES LONG TERM MEAN?” and if  the organisation is looking for only Long Term Goals then we should not hire the people who are born to bring positive changes in the organization.

Sir, I’m sure that you want to add some more advancement to this organization. I request you to please ensure the quality of the organisation.

Sir, please accept my resignation from the Temp Employee. I’m not leaving the organization because of any work load or pressure or any goofy thing, but this is solely depends on the factors mentioned above. There is no proper procedure for any work here that’s why people think that there is lot of work pressure. Once the  

I’ M SORRY TO SAY THAT I HAVE NO IDENTIFICATION HERE. There is no Employee code, no id card.

HOPE TO HEAR FROM YOU….

Note: For any kind of communication I can be contacted by phone.

 

 

 

 

 

Please suggest me what should I do and should I not do in the meeting with Mr. President tomorrow...

Regards,

Muzaffar Ahmad

V. VASUDEVAN (LEGAL COUNSEL)     05 December 2010

You seems to have expressed yourself in a very positive spirit. Keep up the spirit and have a cool and open session. Do not blame individuals unless you are clear about any specifics. Be objective and explain your view point in a very diplomatic way.

Good Luck

Vasudevan

Kirti Kar Tripathi (lawyer)     06 December 2010

Dear Suneel,

Labour laws always intended to apply on industrial establishments. From the query, it is apparent that the labourers were  engaged for construction of residential building thus no Labour Act  shall be helpful . They can seek remedy in the Civil Court. However, they can complaint in labour office of their region, where Authorities can initiate administrative actions and issue directions, but I think it will merely a formality. Proper remedy will lie in Civil Court only on the basis of implied contract between labourers and employer.

1 Like

Muzaffar Ahmad (Chief Strategy Officer)     06 December 2010

@Mr. Sunil

Thank you so much for your reply.;..

 

 

Regards,


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