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Discrimination in promotion of employees having similar performance
28-Jul-2023 (In Labour & Service Law)
Dear Sir, I am being denied promotions for last 2 consecutive years while my peers have got promotion with same level of performance. I have also written to my super boss and MD of the company but there is no response which is causing acute mental harassment to me. Mine is a listed company. Can I take legal action for biased appraisal and resultant mental harassment. I have sufficient records to prove my good performance
From your query it appears that you are working in a non-government organization. Indian laws pertaining to service conditions of private employment mainly deal with the minimum wages, payment of wages, holidays, safety and security, maternity benefits, termination of service etc. Your greviance doesnot fall in any of these catagories. Unlike various Service Rules that deal with seniority, promotion in service etc. which are framed for government employees, there are no Srevice Rules for employees of private companies. You may raise your greviance in accordance with the internal greviance redressal mechanism established within your company. However you will have to keep in mind that no law in India would be able to help you if the management decided not to promote you. If the current situation is causing you mental harassment your only other remedy would be to start looking for better opportunities outside this company.
Helpful?
22+
22+
Adv. Ajit Wagh
Delhi | 25+ Answers
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Please take note -
1. You can write about this issue to HR and then a subsequent formal email to higher authorities.
2. Thereafter write another letter to HR seeking domestic enquiry on your subject. This is an administrative setup where the matters are heard just as court procedures and an order is passed at the end of hearing. Every listed company has Domestic Enquiry team which they form time to time to hear the complaint which they receive.
3. If this also do not helps you then approach court for the same.
1. You can write about this issue to HR and then a subsequent formal email to higher authorities.
2. Thereafter write another letter to HR seeking domestic enquiry on your subject. This is an administrative setup where the matters are heard just as court procedures and an order is passed at the end of hearing. Every listed company has Domestic Enquiry team which they form time to time to hear the complaint which they receive.
3. If this also do not helps you then approach court for the same.
Helpful?
10+
10+
Adv. Pulkit Prakash
Delhi | 400+ Answers
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In a private job you cannot get promotions unless the employer or your immediate boss wants to give you a promotion. Promotions are always at the discretion of the employer or boss. You can be considered for it, but cannot get a promotion as a matter of right. My advise would be to look out for another opportunity which gives you a better designation and a better pay rather than going through mental harassment everyday.
Helpful?
25+
25+
Adv. Manisha Ambwani
Delhi | 100+ Answers
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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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Sam
Incase discrimination in promotion despite candidate is performing is not taken into consideration then better law needs to be changed or such organisation must cease to operate
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