Legal Question in Employment Law in India
A bachelor lady recruited as hostel rector with a condition to remain 24 hours in hostel premises and render duties round the clock for 24 hours, without any recess or weekly off. She solemnized marriatge and went to reside with her husband in her own house. the employer alleged that she has violated the terms and condition of her employment. She must stay in the hostel premises and render duties round the clock for 24 hours. But, for a married lady, it was impossible, because, she had also her family and married life. The employer dismissed her from services on the ground that she has violated the terms and conditions of her employment. The question is that whether an employee can be compelled to remain in hostel premises round the clock for 24 hours, without recess period and without any weekly off? Is not it unfair labour practice ? Is not violation of her human rights ?
2 Answers from Attorneys
was there any written agreement between the employer and employee?
yes it is
but u must have objected before signing it .....u can not take defence of this to get your job back...as the job profile itself speaks your presence in hostel...
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