LEGAL NOTICE TO FOR LABOUR DISPUTE
A labor dispute is when a disagreement arises between two parties in an organization, usually the employer and the employee.
To define labor dispute requires a basic understanding of labor laws. A labor dispute is when a disagreement arises between two parties in an organization, usually the employer and the employee. The dispute usually involves disagreements around benefits, pay, conditions of employment, organizational procedures, and hours worked.
Labor disputes can lead to work strikes or lockouts. These are consequential for the employer, leading to a lack of production, profits, and even sometimes forcing the company to close its doors. Labor disputes are actually fairly common. They are not always between the employee and the employer. In some cases, labor disputes can arise between multiple managers or between multiple employees. Because of the frequency and dynamics of labor disputes, they have been routinely studied throughout history. Labor disputes throughout history have resulted in changes to social, political, and legal policies.
The employment laws in India safeguard the rights of both employers and employees working in public, private and unorganised sector. Employers and employees have certain rights and obligations towards each other during course of employment. Any violation of these rights or failure to uphold any obligation can result in a legal dispute between them. For more adept information or legal help regarding the procedure of sending a legal notice in India, connect to us through Easy Drafting at Noida, Greater Noida, and Noida Extention.
RIGHTS OF EMPLOYERS:
- Right to hire or fire:
Right to employment in India provides that an employer in India has all the rights and entitlement to hire the most suitable employee for their company. An employer’s rights include his choice to select the best candidate that fits the job profile, based on a person’s qualification, knowledge and experience. However, an employer cannot discriminate candidates on the basis of their caste, religion, gender or age.
- Right to confidentiality/non-disclosure:
Employer rights in India are to protect their client information and trade secrets. For this, an employer can get a Non-Disclosure Agreement (NDA) signed by its employees. As not only employer is dealing with client information and trade secrets but the said information is also accessible to employees especially senior and middle management of an organization.
- Right to implement a Work Policy:
An employer right in India also entitles the employer and grants him/her the right to draft and implement a work/ HR policy according to the company’s requirements. An employer can define the code of conduct for employees, working hours, timings, leave policy, salary policy, conditions for termination and resignation, harassment policy and grievance redressal policy in the working policy.
- Right to receive notice of resignation:
An employer right in India also gives an employer the right to receive notice of resignation before an employee leaves the company. The employee has to serve a notice period before resigning so that the employer has sufficient time to hire a replacement. The notice period generally ranges from 1 week to 1 month depending upon company’s HR policy. If the employee resigns without serving a notice period, the employer can send a legal notice to the employee, with the help of the best labour lawyers.
- Right to be notified of employee’s leave:
An employer right in India entitles an employer with the right to be notified before the employer takes a leave from office. The employer also has the right to reject or approve the leave application of an employee. An employer can reject the leave application if the employee constant absents them from office, fails to perform their duties, or take leaves without any substantial reason.
The employer has the right to deduct employee’s salary for every unpaid leave taken, and even terminate the employment if an employee remains absent from office without prior notification.
An employer can initiate a legal action with help of labour advocates, against an employee who violates any of these rights.
However in order to do this in a legally correct manner, or to solve further queries that you might have about this, connect to us through Easy Drafting at Noida, Greater Noida, Noida Extention from our top lawyers.
As Easy Drafting act as the client’s legal concierge providing technology solutions for lawyer discovery, price discovery and case updates.
With the use of technological solutions, we match the client’s requirements with the lawyer based on expertise, location etc.
Our dedicated team strives to connect you with the best experts in legal matters. We help you to do everything that it takes to make better-informed decisions.
We through Easy Drafting at Noida, Greater Noida, and Noida Extension make you understand about the legal situation and equip you with all case requirements. Such that for any query regarding legal notice India, or any other legal matter, you are well-covered.