Legal Question in Legal Ethics in India

Employee Vs Employer

Dear Sir,

All company are following certain policies. Could you please advice me for the followings 1.Can an employee ask them that why didnt they provide the knowledge of entire policies before joining? 2. why should an employee wait for a month to get my allowance why do employer follow delay process?

if any employee asks these questions next will be firing the employee by the way misbehavioral act.

how could an employee approach this in company and as well as in legally.

Now i will explain the allowance policy. The process is following as approval system from my Project Mager - HR - Salary Department - (At end of month)Bank. i.e,Every 5th of month PM will give the allowance detail to HR. HR has to approve it. Then HR will pass it to Salary Dept.

Company follows the market rate to provide the salary and money related reimbursment. but why shouldnt an employee expect the same from the compny? Can employee ask it through legally means can you please advice how could an employee proceed legally.

if any employee is forced to work more than compny working hour how could employee file a case against that organisation. in this case will the emails be taken into account of any proof?

Please suggest me.


Asked on 10/17/08, 11:03 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Employee Vs Employer

You can contact a local advocate practising in HR laws/Industrial/Labour court.

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Answered on 10/17/08, 11:26 am
Nasir Butt Nasir Law Associates

Re: Employee Vs Employer

Yes, of course can be asked as to why the policies are not made known before they are implemented. In every contract, prior knowledge is must. But in case of Employer-Employee case, facts are entirely different. Employee has to stay and employer has many opportunities of replacement of employees. There are certain remedies but all are practically pro employer.

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Answered on 11/06/08, 7:14 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Employee Vs Employer

1. No.

2. The employee is required to maintain discipline.

3. employee can claim over-time as per Payment of Wages Act.

The employer-employee relationship works only if it is cordial. If the employee is not satisfied, he should try to approach the management for amicable and peaceful solution and not resorting to legal action at the first instance. Even industrial law requirements raising of demand and conciliation/arbitration.

The employee should avoid litigation as far as possible.

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Answered on 10/17/08, 4:12 pm


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