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Harassment by company can I take any legal action against them
30-Nov-2023 (In Corporate Law)
Dear Sir, I am working in PSU (Public Sector undertaking) company and my work profile is touring. But unfortunately my company keeps me always out of station (approx 290 days out of 365, some time more than that ). Now my family is suffering a lot you can understand easily. Last time I denied to go outside because I just came from 2 months tour then company gave me Memo on that issue. I was surprised and then went again. My wife wants separation now. Please tell me any Indian law ,constitution or any supreme court judgement who give me right to stay and live with family. Any minimum Rights ??
The information provided isn't grossly insufficient to render any legal opinion or offer comments on the matter. It would be necessary to review the employment contract and other documents like offer letter et al.
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Adv. Divyang Chandan
Mumbai | 25+ Answers
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It is difficult to give you an answer that suits your expectation. Please peruse your employer's working policy and work hours to understand what rights you have with respect to working hours. With respect to your travel, you need to see the travel policy and understand how much hours of limit is given to each employee to remain in travel for claiming travel allowance or other benefits, if there is any limit specified then you can create a reverse analogy that as there is capping in the travel allowance limit hence assigning any thing beyond the travel limit is exceeding terms of employment. You will also have to peruse the employment agreement to understand, did you agree for extensive travel commitment while accepting the job. Are you been asked to work during tour beyond working hours and weekly limits of hours of working as per policy and under rules governing the PSU. In short, your employment agreement, and policies governing working hours of employment and travel can help you to know your rights. If you are only the person been suffering in your department then discrimination at work can also be another means to fight. Last option is look for new job to save your personal life.
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Adv. Rajesh Singh
Mumbai | 25+ Answers
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