under:
The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.
A plain reading of Article 14 of Indian Constitution makes it obvious
that the state must provide equal protection to all within the
territory of India; and all within the territory of India must be
treated equally before the law.
BUT:
Employees of Government as well as employees in public sector and
sectors governed by government bodies (such as banks) are protected
under Article 311 against worngful and unfair termination. They have
special tribunals for fastrack remedy. They can approach the High
Courts directly for immediate relief as well. Acts such as, Trade
Union Act 1926 , The Industrial Disputes Act 1947, The Contract Labour
(Prohibition and Regulation) Act and so on... also takes care of
'workers' in private organized and unorganized sectors.
WHILE:
The educated crowd (white collar) slogging in private companies of all
kinds have no support from the law or the government. There are about
3 million such people in IT & BPO and perhaps an equal or more in
other private industries who are not governed by any special act and
nor by the constitution. So, here we are where anywhere between 5 to
10 million comprising of general graduates, engineers, doctors etc
working in private industry, who are expected to put more than 8 hours
by default, at work timings demanded by the companies, expected to
perform or perish, no job guarantee and purely driven by market forces
and whimsies of private companies' managment have ABSOLUTELY NO
PROTECTION OF LAWS OR OF STATE!!!!!!!!!!!.
The first group of employees are so protected that you can't terminate
them even for a just cause (say for lack of performance or financial
misappropriation etc.).. It is literally difficult and there is
absolutely no way they can be fired or disciplined in whimsical
manner.... Whereas in private companies, one can be fired for no
reasons.... as simple as your manager not liking you for personal
reasons or that he wants to hire someone else in place of you.... or
your HR manager happened to be a dumb...
IS THIS NOT A VIOLATION OF ARTICLE 14? IF NOT WHY NOT?
I am not saying that we should be covered under a union or that we
shouldn't be challenged with performance and quality of work, which
are the jewels of private professional employment that attracts good
talents into the private companies. But, there has got to be a
protection against the whimsical act of managers, managements and HR
folks; who are abusing their authorities by unfair and illegitimate
acts because they think they can do whatever they like...It is sad
that they don't realize that they themsleves are employees and may be
subjected to such acts by others someday...
If you or someone else had any such bad experiences or were penalized
for unjust cause then write to me please... I am going thru a fight
myself which I will be chronicling very soon in this forum... stay
tuned....
No comments:
Post a Comment