Skip to main content

COVID-19 AND EMPLOYMENT


     YOU ARE FIRED


In March 2020, the entire nation went for lockdown due to COVID -19. The situation forced many of the Public and Private Sectors to go for the idea of Work from Home.

The company has two important aspects Employer and Employee. An employer is the one who engages one’s work or service whereas an employee is the one who works for others after the appointment.
   
 The appointment of the employee is done with the common way of the interview.

During the interview and after the interview, the employers make their employees sign a legal contract that follows some rules and regulations of the company or institution. The legal contract is nothing but a promise between you and the company and in short, Job security.

 The contract has terms and conditions like the employees have to give a month prior notice before the resignation, the employee is bind with the company for a year or so. The contract is signed for the safety and a good image of the company, so there shouldn’t be any intentional or unwanted loss to the company and its reputation. It is also done so if any of the one Employer or Employee fails to follow the rules bind in the contract can take legal action against the other.


Indian constitution has provided several powers to Central and State governments to make the relation between Employer and Employee transparent and strong under several acts like the Industrial Development Act,1947, Contract Labour Act 1970, Employee’s Compensations Act 1923, and many such.

There are two types of agreement (Contract) i.e. Written and Oral. Written agreement contents all the rights and conditions which are to be followed by both the parties, a written agreement is a type of job security for the employee as mentioned in the agreement an employee can take various leave like sick leave, casual leave, and maternity leave. The company or employer has no right to fire the employee for such reasons.

COVID-19 AND EMPLOYMENT

https://www.facebook.com/advocateupadhyeandassociates/

In recent times many of the complaints are filed against the reputed companies about without intimation and without due pay the services of the employees have been terminated. In such cases, an employee can file a case in the Labour Court for Violation of the Rights. The employee can also send a legal notice through the learned advocate and after the notice, if there is no positive response, the employee can go a lodge a police complaint against the company for breach of trust. An employee can also take the matter to the Registrar of the Company against the wrongdoing of the company.


The employer has the right to terminate the employee but the termination should not violate the rights of the employee contract. If the employee’s termination is lawful he /she can enjoy certain benefits.

Termination of employees is not unlawful unless it is void or reasonable.

An Employee should always read and have proper knowledge of his rights as there are many laws for each sector including the private sector too. An Employee should read the agreement before signing it.

BE AWARE AND KNOW WHAT YOU SIGN.

https://www.facebook.com/advocateupadhyeandassociates/

Comments

Post a Comment

Popular posts from this blog

Company Prospectus

                                                     The most basic benefit of company law incorporation is that it invites the general public to invest in them. A business with a rating of incorporation owes its establishment to either a special Act of Parliament or company legislation. A corporation is more than just a legal entity. It's more of a legal device for achieving a social and economic goal. As a result, it's a multi-faceted political, social, economic, and legal entity. As a result, the term "business" has been defined in a variety of ways. It is a method of cooperation and organization used in the functioning of a business. According to Lord Justice Lindley, an organization is "an association of several persons who contr...
Post a Comment
Read more

Criminal Defamation Law against right to freedom of speech.

“ Criticism may not be agreeable, but it is necessary. It fulfils the same function as pain in the human body; it calls attention to the development of an unhealthy state of things'' -By Winston Churchill. Right to freedom of speech and expression is a fundamental right guaranteed by the Indian constitution part 3. Article 19 (1) states that “all citizens shall have the right to freedom of speech and expression” . Though fundamental rights are not absolute in nature they are exercised within reasonable restrictions. A human being has no standing in the real world if he can not exercise the right to freedom of speech and expression freely. He becomes utterly invisible in this world. The right to freedom of speech and expression fortifies our identities and it is of extreme importance to express one's view in a democratic country. Article 19 (1) does not only mean the right to freedom of speech but also freedom to criticize freely. Be it any person, politician or government. ...
Post a Comment
Read more

Drug Laws in India

  India has the world's second largest population making it one the biggest consumer of Narcotic Drugs and Psychotropic Substances often known as ganja, charas, opium, lsd, cocaine etc. Due to lockdown the consumption was supposed to decline but instead it has increased significantly. Nearly 3.1 crore population of our country is a user of cannabis and approx. 1.08 people are users of sedatives. 1.20% of people from age 10 to 75 use cannabis, 0.11% people in the same age group use cocaine and 2.06% people of the same age group use opioids. This is massive abuse of drugs. According to Global Burden of Disease Study 2017 there were a total 22,000 deaths in India due to abuse or overdose of drugs and 80% of them were premature. A substantial amount of our country's population deals in consumption, sale, manufacturing, selling and possessing of Narcotic Drugs and Psychotropic Substances. To curb this NDPS Act plays a vital role. The Narcotic Drugs and Psychotropic Substances Act wa...
Post a Comment
Read more