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Wednesday, July 30, 2014

Employment, Employees, Labour laws

Lessons in business, employer-employee relationship etc are no exception to other operations i.e they must be ethical and humane and conducive for all to work. Read fully and bombard your comments.

All business is and must be run for profits but not with treatment to employees/staff/executives which are inhumane, ruthless and unethical. This is not a trade union slogan but a proper way of running business. 

SUN Group they address all employees of all cadres/position/post etc at least as for as I know for the past 20 years only using very vulgar expletives and when it comes to dealing with staff ,except perhaps the top techies and president Vice president etc they are awful. When it comes to payments Sun TV is the worst defaulter.

Sun group is run so professionally that they could silence an entire Government corporation for years together and ensure to lay few hundred huge optic fiber cables for a few kilometers and hide the terminals insides the houses and offices of the bosses/owners of SUN.

But these catering wallas of Spicejet why were they supplying all these years for free? why? same is the case with all service providers to kingfisher.

while I was associated with First Finishing School which was basically training and placing air hostesses in several airlines. One day we had very 3 good looking girls dropping into our office all of them had just then quit kingfisher , they wanted to know whether we can get them placement in some other airlines. they quit because any air hostess that Siddarth Malliya sees, likes and wants must go with him otherwise they will have to face charges of stealing and misbehaving with passengers etc

when the atmosphere is not conducive and friendly the first casualty is neither the employer nor the employee but the work for which both got together in the first place. 

Unfortunately, we Indians are not governed strictly by corporate laws, labour laws etc [ incidentally no other country has so many laws to protect the employer I am presenting the list below these are besides the local panchayaths and political pressures] but then despite all the tall talks , most of the big corporate houses still function as Sole proprietorship like model without any scientific or capability based recognition of anyone. There are of course exceptions to this. There is also the other side  to this issue wherein the employees seek only three things pay cheque, perks and privileges. This is a major problem in our country where work gets tossed up between trade union sponsored employees of the above category and the heartless owners/promoters of business who care two hoots to any rule/norms/ practices and least of all business ethics.

In US of A a person as influential and as respected as Rajath Bhatia can get imprisonment whereas in India Mallaya need not pay salary to anyone, including pilots and  GMs and still sit with a beer bottle and buy a resort for Chris Gayle or book suits for popular actresses in star hotels and spend a few crores for his models who poss nude for his calendars. M.A.M goes about appointing anybody he likes for any post in a big university and does not pay salaries to workers but gifts a house to Dhoni at chennai why?

I know personally about some of the most respected and prestigious big Government institutes in Chennai manipulating/maneuvering with the existing staff to hold various posts without appointing new hands.

Narayana murthy of infosys is in no way different from Karunanidhi when it comes to  anointing  his son to a big post or promoting the sick stories, which will put to shame the driveling dudes of middle ages, of his wife so much that her books not only fill the stalls in all air ports and railway stations and book shops , worse still they get prescribed as English lessons in  NCERT text books [ pure non sense, wrong and misplaced adulation of cultures that she portrays is depriving our children from knowing the great cultures of our land].

I prepared a big dossier on almost the inhumane work cultures in various sectors starting from masons without insurance or even the minimal protective gear, to the inhumane way of manhole cleaning to lack of track inspectors in Indian railways, to more than 12 hours of work that many software companies are extracting from their employees to ILO.


The list of laws which can prevent you from thinking of starting any proper business from the angle of dealing with employees alone are 

1] Trade Unions Act 1926
2] Industrial Employment[standing orders] Act 1946
3] Industrial Disputes Act  1947
4] Factories Act 1948
5] Minimum Wages Act 1948
6] Contract Labour [regulation and abolition ] Act 1970
7] Payment of wages Act 1936
8] Payment of Gratuity Act 1972
9] Employees'State Insurance Act 1948
10] Provident Funds Act 1952
11] Maternity Benefits Act 1961
12] Employees' Compensation Act 1952

If you can include other laws as per the business you do Customs, Commercial tax, sales tax, ECGC, Cyber Laws  etc

These have benefited the community of lawyers, wasted court hours, increased bribes of enforcing agencies, promoted Trade unions who in turn funded communist parties in India. Only in very few cases they have helped the two stake holders the employees to ensure that their rights are not deprived and the employer to run the corporation with a human angle and considering all those who work for a common cause /development as part of the extended family or team.

I have read at least parts of some of these laws and I strongly feel, thank God, our present Prime Minister too feels that there must be single, comprehensive law ensuring protection and benefits to the employees and their families too, this is part of his vision statement as proposed by the BJPs think tank at the same time promote healthy business environment. I know it is easy to give statement in very general terms but very difficult to address all the issues involving all the stake holders. After all we need to steer clear of these jargons like stake holders and address the brash realities that all the parties involved to get engaged in some activity and get money and benefits out of that.

If we go to the root cause of the malady many parameters are infected  and all of them need cure/remedy. Too much of disparity in wealth, too many qualified intelligent employable youth but not enough job, economy has adopted modes of operation which were not  generating enough employment, and above all the psyche/mentality  of the majority of the Indians that they can make a living only if they work under someone or in some organization, they never think of self employment, setting up manufacturing unit, doing individual business etc. Only a minority of people resort to this , though all of us can give thousands of justifications and reasons but the fact is that. so most educated persons starting from 10th std failed to IIT toppers seek employment as a result unemployment rate keeps soaring up .

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