Employment in CA Firms,
SARAVANAN.R
(Querist) 31 March 2009
This query is : Resolved
Sir,
Is there any law in India, which governs conditions of employment of people in UNAIDED SCHOOLS that is to say CBSE schools, Crushes etc.
In CA Firms, or partnership firms of Advocates, though there is good training and exposure, the financial aspect of employment appears to be bleak. In Courier agencies also, this is the case.
Is there anything to protect the service conditions of those employed in the above mentioned sectors
I myself was a victim of exploitation, four five years before after my post graduation in commerce.
I invite the opinion of our esteemed members to my suggestion that why not labour laws be made applicable to the above employments also.
Saravanan.R
I need not further elaborate on the exploitation in the service industry above mentioned. More hours of work, less pay.
H. S. Thukral
(Expert) 03 April 2009
As far as schools ( aided or otherwise) are concerned the workers working therein except teachers are workmen as the school is an industry under the definition of Industrial Dispute Act ( Section 2j) They are protected under the Act. For teachers there is separate law ( School Tribunal) for their protection.
In case of CA and law firm the issue is debateable as they constitute a 'learned' or 'liberal profession' which cannot be termed an 'industry' within the definition. In Fraser Ross CA v Sambasiva Iyer the Chennai High Court was of the above view. I am not aware if the SC has given any ruling in favour of employees working in these firms.
Hiralal Das
(Expert) 04 April 2009
You contact personally to discuss and/or solve the matter. You may also follow the valuable opinion of Mr. Thukral.
ESTHERPRIYA
(Expert) 07 April 2009
I think you have faced untold suffering in your employment. You should first take into mind that all institutions are covered and regulated under some laws. In case of some emerging institutions, though they are not covered exactly by any Act. General Act and rules will be made applicable to it based on the issue and circumstances of the case. Hence you can contact an advocate and explain your problem so that he can make the appropriate authority liable under law. Every body who does wrong to other person is legally liable to compensate them.
