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How to get respect in office I am a nurse


13-Apr-2023 (In Labour & Service Law)
Hello, I'm working as a nurse in gov
Answers (1)

Answer #1
761 votes
Please mention your problem in detail as I'm unable to give any particular solution to the mentioned statement. Also, if there is any kind of harassment of given types :
Harassment on the basis of- Race, Sex, Religion and National Origin.
Harassment on the basis of age.
Harassment on the basis of disability.
Defamation- To defame is to damage the reputation or image of the person
Criminal History- An employee may be harassed for his previous criminal record, whose penalty he has already suffered.
Citizenship Status- A person belonging to a different nationality may become subject to harassment.
Racial Harassment- Discrimination on the basis of race.
Harassment due to different Political Beliefs- Though minor issue but can lead to harassment of the employee by the employer or fellow employees.
Sexual Orientation and Marital Status.
Stalking.
Examples include leaving repeated or alarming messages on voice mail or e-mail, following people home, or approaching co-workers to ask for personal information.
Sexual harassment.
Hostile Workplace Harassment.
Bullying by the supervisor.

Indian labour laws cover a large number of acts under its purview and since labour laws are covered under the concurrent list of the Seventh Schedule of the Constitution of India, so both central and state governments have jurisdiction to pass their own laws on relations between the labourers and relating to issues of the employment.

HARASSMENT BY DEDUCTION OF UNREASONABLE WAGES BY EMPLOYER
Payment of Wages Act, 1936 is intended to be a remedy against the unreasonable and unauthorized deductions made by the ‘Employer’ or unjustified delay in payment of wages.

Section 5 of the Act specifies the Time of payment of wages- Timely payment of wages should be made. If manpower is less than 1000, then 7th day of the month and if more than 1000, then 10th day of the month.

Section 7-13 defines the Deductions- No unreasonable and unauthorized deductions should be made from the wages.

HARASSMENT BY SEX DISCRIMINATION
Employees can be harassed by not following the Principle of Equal Pay for Equal Work. According to Article 39(d) of the Constitution and Section 2(h) of the Equal Remuneration Act 1976 it is the duty of the employer that every employee should receive same remuneration for similar nature of work.

HARASSMENT BY DEFAMATION
Section 499 of the IPC defines the Defamation if it is a Criminal Wrong. Otherwise in civil cases defamation can be included under the Law of Torts.

HARASSMENT BY UNREASONABLE CLAUSES IN THE EMPLOYMENT AGREEMENTS
Dismissal Regulation

Industrial Disputes Act 1947

Chapter 5A: LAY OFF AND RETRENCHMENT

This Chapter lays down that a 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience.

DISCRIMINATION ON GROUNDS OF PREGNANCY AND DISABILITY
According to Maternity Benefit Act, 1961 it is unlawful and unauthorized on the part of the lawyer to discharge or dismiss women when she absents herself from work within the provision of this act.



Section 24A of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 guarantees no discrimination in employment.

There is no law in India that states the other forms of sexual harassment and remedies available for the same. But most of the enterprise do take this into consideration and provides the remedies to the aggrieved, which may differ from place to place.

Some of the remedies that can be provided are listed below:

Injunction of that particular practice.
Actual and Compensatory damages can be paid for the loss suffered.
The perpetrator can be asked to compensate from out of pocket expenses.
Promotion and Incentives can be provided by the Enterprise.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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