LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anjuru Chandra Sekhar (Advocate )     07 June 2012

Need a law on employment in private sector

We should make a law that in private sector for all jobs involving payment of salary above Rs.10000/-, the company should recruit people through written test or take people supplied by govt. employment exchange. Because for people the only employment option is govt./private sector and public sector. When age is barred to apply for govt. and public sector jobs, they have to depend on private sector only. Supposing private sector removes anyone from service following disciplinary proceeding (malicious or otherwise), the candidate will permanently be deprived of livelihood because he will not be offered jobs by other private sector companies because the prospective employer will fall back on the opinion of previous employer about these candidates. So many lives are ruined like this. And also it is very easy to ensure that someone is removed from private sector or influenced so that someone don't get a job in private sector. A call from one MLA is sufficient. Suppose in your talk shows some fellow had raised his voice against some MP or MLA, and if that MLA remembers it and wants to take revenge against that person, he can simply pick up a phone and tell the prospective employer not to give any job to him or if he is employed to remove him from job on one pretext or the other. It will not happen directly in our country. Nobody will tell and do what he will do. You will talk express your opinions thinking I am living in a free country, I have a right to express your opinions. But they will remember and without letting you know that they are the ones who harm you, they will harm you. Hence don't express your views on any issue on any leader, just keep quiet if you don't have means of livelihood and if you are not employed by government or public sector. Fundamental rights, freedom of expression are only for statute books/records they are not to be used by poor and middle class people.

 

Even the written test meant to fill up private sector jobs should be conducted by govt. appointed agencies.  Offering jobs on experience certificates should be totally done away with.  If one has experience, he will be able to answer questions in written test.  So, for any job, even 50 years person should be compelled to write a written test and attend interview (interview should carry only 25% weightage out of total marks), and seeking experience certificate and past record of applicant should be made illegal.

 

 



Learning

 3 Replies

Anjuru Chandra Sekhar (Advocate )     07 June 2012

Rich and influential people are so capable in our country that you will not even know who set fire to your house.  So we need a law like this to prevent the bosses of private sector spoiling the chances of your livelihood and prevent India becoming a banana republic.

Anjuru Chandra Sekhar (Advocate )     07 June 2012

Also implement reservations for SCs, STs and OBCs in private sector along with this because when govt. appointed agency conducts written tests, it shall take into consideration the aspect of reservations too.  No problem if reservations in private sector is made into part of that legislation.

Anjuru Chandra Sekhar (Advocate )     07 June 2012

The Supreme Court in D.K. Yadav vs. J.M.A. Industries held that "The law must therefore be now taken to be well settled that the procedure prescribed for depriving a person of livelihood must meet the challenge of Art.14, and such law would be liable to be tested on the anvil of Art.14 and the procedure prescribed by a statute of statutory rule or rules or orders affecting the civil rights or result in civil consequences would have to answer the requirement of Art.14.

 

The Supreme Court further held: "It is thus well settled that right to life enshrined under Art.21 of the Constitution would include right to livelihood. The order of termination of service of an employee/workman visits with civil consequences of jeopardising not only his/her livelihood but also career and livelihood of dependents. Therefore, before taking any action putting an end to the tenure of an employee/workman fair play requires that a reasonable opportunity to put forth his case is given and domestic enquiry conducted complying with the principles of natural justice". 

 

What is noteworthy about position relating to employment law and justice in India is that most of the protection available to citizens/employees is "judge-made law".  Other than the legislations made by British rulers during British government for workmen, there is no law made by Parliament to protect the employees giving us an impression that legislature is made of people whose interest is to save the qualities of Banana republic as commanding heights of economy are in their hands.

 

So naturally legislature had not made any effort to save employees and legislations like Payment of Wages Act, 1936 are not meant for employees who earn more than Rs.15000/- per month.  The grievances of employees earning more than Rs,.15000/- or the employees in managerial in supervisory cadre are addressed only by judge-made law in our country even after lapse of 60 years after independence. 

 

So, the consequence of this negligence is that the employee is always scared to tap the doors of courts to seek justice if any of his rights relating to wages, gratuity, EPF any dispute arising during course of job.  They are scared because they need a clean Experience certificate from employer without any adverse remarks.  There is no guarantee that if any employee invokes his legal rights, the employer do not make adverse remarks in experience certificate.  Removal from service itself is an adverse remark no employee can hide it with prospective employer. 

 

So the employee is effectively made to ever live in fear by the agents of banana republic even to tap the doors of courts to invoke their civil rights. 

 

And finally if a legislation of this sort is made where employees will be sent by govt. agency through conducting written test interview, most of the sycophancy to the bosses of private sector can be arrested.  Professional ethics can be enforced effectively.  For instance most of the media companies in Andhra Pradesh are biased.  Sakshi is mouth piece of Y.S. Rajasekhara Reddy's family.  NTV works for Chandra Babu Naidu.  So no employee will be compelled to say things that he does not wish to say to join a company.  Now the position is such that if anybody wants to join Sakshi TV they should necessarily say, "Jai Jagan".  If they want to join NTV they should say, "Jai Chandra Babu Naidu...Jai NTR". 

 

And the people so joining any company need not fear that if they lose job they will not get job elsewhere because written tests are conducted by govts. to recruit employees.  So they will uphold journalistic values without blindly doing sycophancy to their masters.  We are living in a free country.  Protecting the freedom of people shall be of utmost concern.  Rest of the things are not priorities.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register