Legal Question in Employment Law in India
My appointment letter states that I have been appointed to serve for "XYZ" LTD Company , however upon joining I was forced to work for "ABC" LTD Company and "EFG" LTD company , both "ABC" and "EFG" are sister concerns of "XYZ" .
In the above context no changes were made to my appointment letter or anything was informed to me in writing .
Q1 Is working for three organizations allowed and is as per law if this is not stated in the appointment letter and nothing in writing is provided as well ?
Q2 What legal options do I have to sue the organization towards malpractice ?
Q3 Under which law is the organization guilty ?
1 Answer from Attorneys
23.08.2013
Dear Sir / Madam,
The appointment letter usually clearly states that your services may be extended / transferred to any group Company.
A1. No. If the appointment letter is silent, working for three companies at one time is not permitted by law, unless all the three companies are paying you salary separately.
A2. You should lodge a complaint with the local Labour Commissioner against the Company.
A3. The Factories Act; 1948
Companies (Particulars of Employees) Rules, 1975;
Companies (Central Government's) General Rules and Forms, 1956;
The Industrial Disputes Act, 1947;
The Minimum Wages Act, 1948 and;
The Payment of Wages Act, 1936
Regards,
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