Exploitation by Employer

Please give us instances of unfair practises to enable us to understand and suggest.

Truly agree with Mr. Shrigopal Soni but it is not alsways so... let us first hear what Mr. Radha Krishna JI asked....

in industrial law, it is very difficult for an individual employee to fight with unfair practice. unless the workmen are organised they can not seek any protection of law. 

Background:

1.       Our Company i.e BOBCARDS LIMITED (BCL) is a 100% subsidiary of Bank of Baroda, which calls itself as “India’s International Bank”

2.       The Bank claims to follow the highest level of ethical standard and best governance practice in a very transparent manner.

3.       The Bank is in number -3 in terms of its ranking amongst all PSU banks and our chairman has been recently declared as Mr. Dependable by business today for introducing best governance practice and creating wealth over a healthy asset base.

About BCL

4.       The Bank is a Government undertaking and being a subsidiary, our company also falls under the same category.

5.       The Company is not only a 100% subsidiary of Bank of Baroda but also, wholly controlled and managed by Bank of Baroda.

Scenario

1.       It is expected that the so called policy of the BOB on transparency, ethical standards and the good governance practice shall also find its place in the affairs of our Company.

2.       When it comes to Bobcards Limited, the scenario has been completely opposite.

3.       When it comes to staff issues, the level of gross mishandling and unethical practice is clearly visible.

4.       Because of the dual policy created for BOB deputed staffs vis-à-vis the permanent staff of BCL, a high level of biasness and indifferent attitude towards the genuine concerns of BCL staff.

5.       If we see our salary structure, the deputed BOB staff holding same designation is drawing the thrice the salary being paid to BCL staff holding same and even senior post for same job with more responsibilities.

6.       At regular intervals, the BOB is revising the salary structure of it employees and even giving arrears in case delay happens in taking the decision. Whereas the Concept of salary revision does not exits in case of BCL. Arrear is a distant dream for us. It is a crime if some body asks for this.

7.       Salary components were hiked on piecemeal basis, only when, the staff exhausted all their means including future savings and agitated for a hike. But was all done based on mathematical %, ignoring the real market conditions.

8.       Salaries were always kept below market level despite recruiting the staff from open market through competitive exam.

9.       Despite the Company being a govt company, neither the pay commission recommendations were implemented nor were the bank pay structure allowed. Nor even market rate were considered.

10.   There is no basis of the present salary structure and is continuing just because no body is interested to give a look to this issue.

11.   It is a matter of serious concern especially when the Company is at the same time paying revised salary, arrears, even retirement benefits to its staffs from the pocket of the Company.

12.   The Company is recruiting retired staffs of BOB on higher pay as compared to our officers and executives and even paying DA to them. So DA is allowed for casual staff But DA is not for BCL staff.

13.   As on date the employees of the BCL has been the worst sufferers. Not only their careers has been ruined after losing their youthful years in this organization, but are now left with nothing but with a bucket of debts and worries to carry over to future.

It clearly appears that despite our so may requests, submissions, the management and /or the Bob is not taking them seriously at all.

It is also felt that they are not sensitive to our issues and taking it very lightly at the same time when all the staffs are struggling to meet their end either by way of borrowing or by compromising their standard of living.

Please guide.

Dear Sir

Please refer to the attached file and guide.

Regards

Sir,

I was appointed by a small company( proprietorship) as a General Manager in Nov 2004. According to the appointment letter I was to be paid  approx Rs1.6 lac p.a along with 2% of the net turnover of the company. Over the last 8 yrs they have not paid me anything, instead made me set up their factory, develop their products and supply them with finished goods on labour rates. My repeated requests for my accumulated dues have gone unheard of. I even travelled abroad as a company employee, and the invitation of the host company and travel documents are with me. The problems kept becoming more acute when their son-in-law was  handed over the reins of the company. 

Now, since 2011 around October they started to source the same products from other places and even lured persons trained by me for years to create alternate supply lines and even squeezed whatever meagre earnings I had from their products. The entire factory and hardware maintenance has been thrust upon me which resulted in huge personal financial strain. I have written many emails to the proprietor over the affairs of the factory to which his replies were evasive and non commital. I want to claim all my salary, PF and gratuity and severe damages since they have virtually destroyed me.

Please advise me on my legal rights and how to get my claims

Regards 

ANIL

Dear Anil.

As you were woking as GM, you have only remewdy to file civil suit in Civil Court can claim your dues by filing suit for recovery of money. You can not claim reinstatement as contract of personal service cannot be enforced specifically under the. However, you can claim damages and compensation for wrongful termination under the contract. The amount of damages and compensation, you have to assess yourself. In this regard, your appointment letter shall be treated as contract. For both i.e. for dues and also for damages and compensation, you have to pay court, which will depend on amount of relief sought. You will have to invest huge amount in court fee. Moreover, the civil suit takes a long period to decide. While taking action, you have take into consideration in account. Best of luck.