What is this establishment; commercial, industrial, small enterprise?
You and redg. Office of the establishment is located in which state?
What is the line of business of the company e.g. Telecom, IT etc?
What is your designation and nature of duties?
You have posted that:
---“full costs of applying for the work permit; obtaining the work permits and other miscellaneous costs incurred by the Employer"
“irrespective of whether the Employee has actually travelled on deputation or secondment”
This might be construed by employer as sufficient acceptance by employee for claiming the liquidated damages.
Whether employee has travelled or not is also mentioned here.
You have signed such contract by your free will.
Did you apply for such assignment i.e. deputation, secondment?
Were you chosen for this assignment by employer?
The communications exchanged for this purpose before and after the assignment/contract should be examined.
---“irrespective of whether the Employee has actually travelled on deputation or secondment’
Deputation ( and Transfer) is part of service conditions and it is without any cost to employee.
Secondment might be construed as deputation to another establishment………………and since secondment is inserted by employer in contract drafted by employer…………………..it can be construed as service condition…………….. without any cost to employee.
Service conditions are stated not just in appointment letter, contract of employment, service rules and regulations/Hr policy reference of which is made in appointment letter, but also in standing orders (certified/model) applicable to the establishment and extended to the designation of employee.
Standing orders (certified/model) is instrument of law/statue and shall prevail upon (supersede, overrule) any private agreement that employer has signed with employee e.g. appointment letter, contract of employment………………..
Any service condition that is contrary to the standing orders shall not survive.
Employer himself is held responsible for faithful observance of standing orders.
The standing orders should be displayed by employer at a conspicuous place in establishment say near entrance/on notice board, circulated………………. and a certified copy should be supplied to employee on demand even if against a nominal charge say Rs.10/. Employee or anyone can obtain certified copy from CO (Certifying Officer that may be DLC in o/o Labor Commissioner at location of Redg. Office of the company) against a set nominal fee say Rs3/page…………..
Service conditions in standing orders are duly negotiated by representatives of employees (employee’s unions, Trade Unions) and employer along with CO before certification.
Hence Employees should form unions, become members of employees unions and affiliate with Trade Unions.
If standing orders are not certified, Model Standing Orders shall apply.
You may go thru Sec13-18.
While drafting and approving standing orders the certifying Officer shall not allow any clause/service condition that does not confirm to line and spirit of Model Standing Orders.
Designation alone does not decided workforce shall be covered as ‘Workman’ as in ID Act, as ‘Employee’ as in (Name of the state) Shops and Commercial Establishments Act or not!!
Employees can form ‘Work Committees’ the President of which is on rotation from employees, and employer and has equal number of members from employees.
WORKS COMMITTEE IS AN AUTHORITY
The Industrial Disputes Act, 1947:
CHAPTER II: AUTHORITIES UNDER THIS ACT
3. Works Committee
If standing orders do not provide for any charges from employee for cost of deputation/secondment , employer can not charge……………………
The contract drafted by employer might be violative of standing orders.
--- The question arises after signing the agreement you did not take up assignment and did not travel due to reasons ……………………………….caused by you or employer?
You should consult a competent and experienced labor consultant/service lawyer well versed with such matters in person with all docs on record.
