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Employee exploitation under Indian labor laws means treating workers unfairly, like making them work too long, paying them too little, giving them unsafe working conditions, or denying them basic rights.
India has put in place several laws to protect workers from being treated unfairly. Some examples are the Minimum Wages Act (1948), the Factories Act (1948), and the Payment of Wages Act (1936). These laws help make sure workers are treated fairly and paid properly.
Warning Signals: How to Identify Workplace Exploitation
The corporate world is tricky. In our twenties, we think our qualifications will help us succeed. But, it's our attitude towards our career and ourselves that matters more. While success at work is important, it's crucial to stand up for yourself if you are being exploited. Here are signs your boss might be taking advantage of you.
If these signs are true for you, take action today:
- Irrelevant Tasks: You are being asked to do tasks that are not your responsibility. You are handling many things that are not part of the job you were hired for.
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Overloaded With Work: You always have so much work that you can not remember the last time you left on time. you are expected to be available on weekends without being asked. Public holidays do not exist for you.
Underpaid: You are paid very little, which is a clear sign of corporate exploitation. For the amount of work you do, you would be paid much more at another company.
Racing Against Time for Impossible Goals: Your credibility is questioned often, not because you are not good at your job, but because you're given unrealistic goals. you are constantly rushing to meet impossible tasks and unreasonable deadlines.
Made Guilty: You are never thanked for working extra hours, but you are made to feel guilty if you leave early for personal reasons.
No Recognition: You do all the hard work, stay up late to meet deadlines, but you never get recognized or credited for your efforts.
Favouritism: Your boss seems to dislike you for no clear reason, and it shows in how he treats you. He always favors someone else, even though you have great credentials. Your ideas are ignored while others get praise for minor things.
Everything is Blamed on You: You are always blamed when things go wrong, even if it was not your responsibility. If you try to ignore it, you get lectured about taking ‘initiative’ and ‘ownership’.
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Step-by-Step Guide to Filing a Labour Complaint in India
Here are the steps to follow if you have a problem at work and want to make a complaint to the labour department. But before you go to the labour department, it's important to do something else first.
Step 1: Speak to your Human Resource(HR) Department:
Always talk to your Human Resources department if you are having trouble at work. If they do not help you, it's a good idea to let your own department head know about the problem. If the issue still is not resolved after that, you can then move to the next step.
Step 2: Gathering Evidence & Documents:
The Documents required to file a complaint before the labour department can be;
- Evidence of your employment with your employer or organization.
- You can also include payslips or salary documents.
- If you have any documents supporting your complaint, please attach them if possible.
- Include a copy of any previous complaints you made to the HR department or department head, if applicable.
Step 3: Filing a Complaint with SAMADHAN:
You can visit the new website created under the Ministry of Labour and Employment, SAMADHAN website and get yourself registered as a user and then proceed to lodge a complaint in the website. This new website was created to remove the delay caused due to offline communication at various levels (Local Labour Office).
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Step 4: Filing Complaint to the Labour Court:
If you are not satisfied with the order or settlement from SAMADHAN, then you can file a complaint at the Labour Court. Before proceeding to court, ensure you have all the necessary documents and evidence with you. Here are the key points to remember:
- Gather all relevant employment documents, such as appointment letters, salary contracts, or records of ESI contributions.
- You can provide proof of delayed or short salary with a bank statement showing your account transactions. This statement should clearly highlight the deposit dates and amounts received from your employer, helping to demonstrate any discrepancies or delays in salary payments.
- Prepare a formal letter or notice outlining your complaint, and send it to the Human Resources head or department of the company.
These steps will help you organize your case and present it effectively if you decide to pursue legal action.
Step 5: Attending the Labour Court Hearings:
Once you file a case in the Labour Court, the Labour court may schedule hearings to investigate your case and appoint an appropriate officer to re-investigate. It's important to attend these hearings and be prepared to provide any additional information or evidence that may be requested.
It's really important to join in because it helps you explain your side well and makes it more likely things will be sorted out fairly.
Step 6: Wait for Court’s Verdict:
The Labor Court in India after its scheduled hearing, once it is satisfied with the time limits and evidence presented. You will receive a notification from the court suggesting the next steps or providing an answer.
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What is the Role of Trade Unions?
Trade unions play a vital role in addressing several key issues in the workplace:
Wages and Salaries: Trade unions talk with employers to decide on pay and perks using methods like group discussions, boards for pay rates, helping to set wages in organized industries.
Working Conditions: They ensure that employees have access to essential facilities such as drinking water, fixed working hours, paid vacations, social security, safety equipment, and proper illumination while on the job.
Personnel Policies: Trade unions can challenge unfair employer rules on things like promotions, moving to different jobs, or learning new skills.
Discipline: They make sure that managers can not unfairly punish employees by stopping them from being suspended or punished for no reason.
Welfare: Trade unions advocate for the well-being of their members and their families.
Employee and Employer Relations: They work to make sure employers and workers get along well, helping to keep workplaces calm and peaceful by talking and making agreements for workers.
Negotiating Machinery: By bargaining together, trade unions safeguard workers' rights and make sure they are treated fairly.
Protecting Organizational Health and Industry Interests: Trade unions help improve relationships between workers and employers by creating ways to solve work problems..
Social Goals: Trade unions bring workers together to achieve bigger social goals and aims.
In general, trade unions are important champions for workers' rights. They ensure fair treatment, safety, and good working conditions. They also work to create peaceful and stable relationships between workers and employers.
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FAQs.
1. What is SAMADHAN Portal ?
The SAMADHAN Portal, created by the Ministry of Labour and Employment, is an online platform. Its aim is to make things clearer and work better for workers, unions, and others involved. It allows them to raise issues like work problems, demands, legal claims, and other work-related complaints all in one place. The portal helps to reduce confusion about labor laws, speeds up communication by doing it online, and lets workers and unions track their issues easily. The Ministry can also keep an eye on everything from one central place, making sure things are fair and efficient.
2. Is there any charge for lodging a complaint on SAMADHAN Portal?
There are no fees for filing a complaint on the SAMADHAN Portal when workers do it themselves.
3. How to change/update mobile number on SAMADHAN Portal?
Once you have registered your mobile number, it can not be changed. If you lose your mobile number, contact the labour commissioner's office for assistance. You can find the labour commissioner’s office number in the SAMADHAN Portal.
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4. Is gossiping a form of Harassment by an Employer?
If an employee is knowingly spreading untrue information, it might be seen as harassment, discrimination, retaliation, slander, or defamation. Look into the matter to check if the employee has broken your rules against harassment or discrimination.
5. How do you document Harassment?
It's important to quickly write down all the specific details, capturing exactly what happened while it's still fresh. Make sure to record times, dates, locations, and anyone who saw what occurred. Start a dedicated file for these notes and any evidence you gather. Remember, keep this file secure and store it away from the workplace for safekeeping.
References:
- SAMADHAN
- Trade Unions
- All that glitters: Labour exploitation in India’s mica industry
- The Face of Exploitation
Written by Ruthvik Nayaka
Ruthvik Nayaka is a final year law student, his interests lies in areas including, but not limited to Corporate Law and taxation law. He is also the EN-ROADS Climate Ambassador. He facilities climate-workshop, climate action simulation game and group meetings.
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Further Reading
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