Legal Aspects of Employment

The assignment content discusses various legal aspects related to employment, termination, and independent contractors in India. The topics include whether Jerry can receive termination pay since he was informed about his termination 5 weeks prior, the differences between an employee and an independent contractor, Gina's freedom to resign and start a new business, Ed's right to deny wearing a uniform that violates his religious beliefs, Koffie's options for filing a criminal case against workplace bullying, and the rules regarding overtime work in India.

Ans 2 – Employer is correct jerry will not get termination pay as termination pay is given to
those who are immediately terminated or removed from the employment without any prior
information. Jerry was already informed about termination as store was not doing a lot of
business it was not a surprise for jerry as employer told him about his termination process 5
weeks before. Information given before the time period is more important rather than employee
working for many years. According to employment laws in India Termination Act of 1954, an
employer cannot terminate an employee who has been with the corporation for more than 3
months without giving the employee at least 30 days of notice or a salary in lieu of such notice.
Ans 3- A business may pay an independent contractor and an employee for the same or similar
work, but there are important legal differences between the two. For the employee, the company
withholds income tax, Social Security, and Medicare from wages paid. For the independent
contractor, the company does not withhold taxes. Employment and labor laws also do not apply
to independent contractors.
Cecil seems as a independent contractor because as independent contractor, he also openly
market his services, and his also engaged for specific project and was specific time period. An
independent contractor are also not eligible foe company benefit so it is advisable to hire cecil as
independent contractor. Independents may have also there own employees, sub contractors or
partners consultancy who help them to complete work task so they can easily build a market for
protein bars.(If independent do engaged extra resources, they alone are responsible for the tax
responsibilities and filling and reporting requirements for there workers. Hence hearing cecil as
independent contractor is win win situation.
Ans 4- Gina need not to be concern about this as she is free to resign and terminate the contract.
As according to Article 19(1)(g) of constitution which provides all the citizens to practice any
profession to carry on any occupation, trade or business. And as per Indian Contract ACT, 1872
section 27 agreement in restraint of trade is void and person is free to do any work but she is not
allowed to use the name of the salon she was working. It is advisable to Gina not to tell her
regular customers about her new business as in her contract with Great Look in one clause it is
clearly mention that she is not allowed to solicit any of the great looks costumers on behalf of
any hair salon or hair styling business for one year.
Ans 5- Article 25 of Indian constitution provides freedom of conscience and free profession ,
practice and propagation of religion and Article 25(2) Explanation clearly provides wearing and
carrying of kirpan which includes wearing of turban shall be deemed to be included in the
profession of seek religion. In many workplaces, employers, to ensure employee health and
safety and compliance with applicable laws, require their employees to wear a cap. However,
some employee may refuse to wear a cap because of their religious beliefs or for some other
reason. So Ed can deny to wear the sailors’ cap only on the ground that company wants all
employees to look professional and well groomed and be immediately identified as security. As
it will be an violation of his fundamental right.

Ans 6- Koffie an file an criminal case although India has no specific law relating to bullying .
such issues are minimally dealt by using different sections of Indian Penal Code, 1950 Section
339 wrongful restrain, section 340 wrongful confinement, section 506 punishment for criminal
intimidations, sec 323 punishment for voluntary causing hurt, 306 abetment of suicide. Provision
of Indian penal code are silent in dealing the issues related to salient bullying or organizational or
workplace bullying that is insecure colleagues conspiring collectively to pull a person down in
public meetings forcing to opt out a project, using others works and getting credits.
Harassment in workplace are only dealt by the guidelines mentioned in the case of vishaka v.
state of Rajasthan 1997 6 SCC 241. Workplace buying is a dynamic term which involves
negative behavior comprising of aggression, hostility, intimidation and harm characterize by
repetition and persistence, displayed by an individual or group and directed towards another
individual and groups. Group at work in the context of an existing and evolving unequal power
relationship. Workplace bullying or organizational bullying is equitable to yelling, name calling,
mocking and intimidating a person in a workplace. It generates lots of stress related health
complication like hyper tension, immune disorders, depression and anxiety. The person
immediate job and carrier are also effected.
Ans 8- overtime is the period for which an employee has worked in excess of there working
hours. Under the overtime rules in India an as per the policy defining work hours in India
working hours are 8-9 hour per day and total working hours are 48 hours in a week the
employment clause in India states that any employ who works more than the establishes working
hours is eligible to overtime as remuneration for period work beyond the working hours. This
remuneration for overtime working hour in India must be double the normal wage of an
employee paid for the extra amount of time period the employee has devoted. It should be
according to employment policy as well.