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FAQs

FAQ's

A curated and categorised database of common questions regarding the law.




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1 Can an employee be displaced geographically from one location to another?

The geographical displacement of employees is determined solely by the contract of employment which should include a clause to this effect. This is not usually a problem in case of non-unionised employees though unions in India have traditionally militantly opposed geographical transfer of workmen without the consent of the employee. However, transferring an employee mala fide under the guise of following management policy is treated as an unfair labor practice under the fifth schedule of the Industrial Disputes Act.
2 What rules apply when an employee is moved to another country (expatriated or foreign assignment)?

Whether an employee can be required to relocate to another country depends on the terms of the employee's contract of employment. When an employee is required to work outside India, it is recommended that the employee be given a written statement detailing particulars of
a) The period for which he is required to work outside India
b) The quantum of and the currency in which remuneration is to be paid to him while he is working outside India
c) Terms and Conditions relating to his return to India
d) Taxability in India of the remuneration payable to him overseas
3 What are the rules concerning working time organization on a daily, weekly or yearly basis? Can a work shift schedule be set up at the company's sole discretion?

A6. The employees work timings depends on the terms of the employees contract employment which ideally should state that the employee is liable to work in shifts or a fixed working pattern at the company's discretion. Some Shops and Establishments Act place restrictions on opening and closing hours of offices thus restricting night working. In the case of workmen, any change in service conditions relating to hours of work, rest intervals, holidays, etc. require the employer to provide 21 days notice to the workmen likely to be affected by such a change unless such change arises out of a settlement or award.
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