When a company hires a new employee, it invites a new member to the workforce and starts a relationship. As employers and employees work in close quarters in most of the cases, they sometimes develop conflicts which affect the business and productivity of that company up to a great extent.
It has been observed that start-up companies often make legal mistakes while hiring and compensating employees, which invite potentially crippling consequences and damage their reputation in the market. In the same way, employees face lots of troubles if they fall into the trap of dubious employers.
Both employees and employers need to have the basic familiarity with laws to avoid a number of problems at the workplace. Generally, employers are encouraged to get in touch with one of the best law firms in India to deal with a wide range of employment matters. Labour law consultants in India can help employers create and review employment policies as per the law of the land. There are many cases wherein employees and employers feel the need of labour lawyers. Some of them are mentioned here below. Have a look:
1. Discriminatory Job Postings
As per the law, companies can't give job advertisements which discriminate potential job seekers on the basis of their Age, Gender identity or expression, Sex, Sexual orientation, Physical or mental disability, Family status, Marital status, Religion, Political belief, Place of origin, Ancestry, Color, Race, etc. But, in actual situations, lots of employees face discrimination in the workplace. You can seek legal help if you are facing any sort of discrimination on these trifle issues.
2. Breach of Contract
Companies make written or oral contracts with employees upon their recruitment. Firing an employee beyond the rules or breach of contract by employees can be a reason for lawsuits. In both cases, individuals can seek legal assistance from corporate law firms in India and get their problem sorted out easily and quickly.
3. Retaliation
Employee retaliation is a situation wherein an employee of a company is targeted by his/her high authorities for exposing discrimination, poor working conditions, lack of basic facilities, etc. This could be a matter of harassment at workplace. If you face problems like this, you can take legal actions and testify the complainants with the help of your colleagues. It would be best for you to sort out the problem in consultation with the higher authorities of the company. If your problem is not solved through this way, then you can go ahead with the legal action.
4. Defamation
Defamation is making untrue remarks which can damage an employee's character and spoils his/her chances of getting a new job. If you do this as an employer, you may face a defamation suit if your former employee takes legal action against you. In order to avoid such legal problems, you should refrain from giving false information about the employee when some other companies ask for his/her previous work record. You must also communicate with your former employee and sort out the problem personally.
5. Gross Violation of wage and hour laws
There are many companies, especially the start-ups, violate the wage and working hour loss grossly. They also tend to take overtime from employees without making any payment for that. Some companies also make unnecessary late in compensation. If you face problems like this, you can take legal action against the employer and get your unpaid pages/overtime dues, etc. If a company is found to be involved in such unlawful practices, it can face criminal penalties, including fines and imprisonment. To avoid such legal problems, companies must be aware of the wage and payment laws of the land. They can also take the help of human resources professionals or Corporate Lawyers to set a proper timekeeping procedure and make sure that all of their employees are being paid fairly as per the law.
6. Showing Employees As Independent Workers
Several companies show their employees as independent contractors to get rid of their liability with regard to wage and hour laws. Such mischievous employers exploit their employees financially and try to make the maximum
use of them by paying them a little money as monthly salary.
It is actually a violation of wage and hour laws. Such companies can be persecuted as per the law and asked to pay their employees the legitimate salary and payroll taxes with interest and penalties. While doing a job in a company on a permanent basis, make sure that you are not classified as an independent worker. If you come to know this, you can take the appropriate legal action in consultation with Dispute resolution firms.
Final Words:
These are some main scenarios where both employees and employers can take seek legal consultation to solve their problems. There may be many other situations like these also.
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