LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vinay (manager)     16 January 2011

Excessive workload

Hello,

 

My friend is with a start up and as a senior person at this company. 

During his tenure of almost 3 years till date, he has had to work excessively mor ethan othres, on weekends and on one occasion, even from his hospital bed.

He has sustained - twice - a repeat of slip disc and is forced to adopt expensive chnages to lifestyle to aoid further health issues.

While he has not claimed any compensation so far - he is forced to rethink since the company is asking him to resign now - without providing for his medical needs or even allowing him a fe months to get a job and leave on his own.

Is there any redressal possible for the medical + labour / srevice situation he has undergone and the trauma for him and his family memebers till date and now?

Can he go to court, what options are available for him?

 

Thanks in advance



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 January 2011

Before approaching the Labour Court  contact an advocate with the documents whatever your friend have got.  ADvocate may advise you to collect some more documents after verifying the available documents at present.

Kirti Kar Tripathi (lawyer)     16 January 2011

You have stated that your friend is holding senior position in the company. Obviously being senior official he has to share higher responsibility as well to perform excessive work. It for the employer to provide him better service conditions and incentive for the same. But as regard to problem of your friend all will depend on the facts, what are his services conditions. is there exist any contract. Unless service conditions and/or contract do not provide any provision in this regards, I apprehend that your friend is entitle for any legal relief. In case, there exist any such condition, he has remedy to file civil suit. Remedy under labour law will not be available to him being holding of senior position in the company by hi.You have stated that your friend is holding senior position in the company. Obviously being senior official he has to share higher responsibility as well to perform excessive work. It for the employer to provide him better service conditions and incentives in return. But as regard to problem of your friend all will depend on the facts, what are his services conditions. is there exist any contract. Unless service conditions and/or contract do not provide any provision in this regards, I apprehend that your friend is entitle for any legal relief. In case, there exist any such condition, he has remedy to file civil suit. Remedy under labour law will not be available to him being holding of senior position in the company by him


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register