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Sahil (Engineer)     10 July 2012

Private company employment laws in jammu and kashmir

In the yr 2009, my friend was hired on contract by Mafoi with Ericcson as client.  My friend is the domicile at work location i.e. Jammu and Kashmir.
After completion of 1 year, when the contractual employees were supposed to get the appriasals with revised salaries; Ericcson changed the payroll and employees were shifted to payroll with Lease force consultants.

The contract renews every year even after almost 3 years now, they have not recieved even a 1 Re/- hike in their salary.
Moreover, the job profile is tremendously demanding with 24X7 avaialability without any perks, allowances and raise.

This group of contractual employees have put forth their grievances to the Seniors HRs, respective supervisors, Managers in Ericcson but nobody is bothered enough to pay heed to this matter. They plainly refuse to talk and threaten of terminating them.

Now the employees have decided to go on strike to get this matter heard on a serious note. There are over 50-60 employees who will the part of it. All in all their demands are pure legitimate and necessary.

Can some please advise the necessary course of action to get this matter resolved on legal note?
Can they appeal for stay order on their termination in case employees are threated to be terminated?
Can Court intervene to settle this matter?

The state is already suffering heavy unemployment and such companies sheerly exploit employees because of desparate need of job among everyone.

P.S.I presume J&K has a different Labor Law inforced, as part of Article 370.



Learning

 1 Replies

Kumar Doab (FIN)     12 July 2012

You may visit the website of Dept. of Labor and Employment, J&K Govt:

https://jklabouremp.nic.in/acts.html

 

All acts applicable have been listed on the home page itself.

It is mentioned under > About Department;

3. Settlement of disputes of workers with employers.

6. Regulating working conditions.

Office Of Labour Commisioner

Labour Commisioner:

Shri Shahid Inayatullah, IAS

Telephone:

(O) 0191- Jammu
(O) 0194- 2472524 Srinagar
Mob: 9419014495

Telephone:

0191-2662811 (O)

Address:

Office of Labour Commissioner B.C. Road, Jammu Office of Labour Commissioner, Batmaloo, Behind General Bus Stand, Srinagar.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It shall be appropriate to approach a competent and experienced service lawyer/labor Consultant, before you take a major step of strike. If company resorts to mass termination, you can litigate however the process may prove to be lengthy and stressful and you shall be without any income.

As all employees seem to be united, you may contemplate to form a union or be associated with union. You may let your lawyer evaluate the merits and that you fall within the category of workman or not.

You may rake up the issues and raise demands with patience and tread carefully.

You can conduct Lawyer Search at LCI:

https://www.lawyersclubindia.com/lawyers_search/#.T_6fyN0Wrtt

 

Sanjay K.Dhar

dewakar

vilakshana singh

Vishal Sharma

 

Related lawyers list is also provided on bottom of this web page.

Your near and near ones can guide you to a competent lawyer.


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