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Best Labour and Service Laws Lawyer in Jammu and Kashmir | Top Labour and Service Laws Advocate in Jammu and Kashmir - Legalresolved

Its a common trend amongst companies to withhold salary dues and delay in full and final settlement of employees apart the arbitrary delay or denial in promotions. Use Legalresolved to hire a top rated service and employment lawyer or a labour lawyer in India for matters like recovery of salary dues, illegal termination, breach of employment contract, sexual harassment and Central Administrative Tribunal (CAT) matters.

THE BEST RECOURSE TO THE ULTIMATE PROBLEM FACED BY THE EMPLOYEES: EMPLOYMENT AND SALARY ISSUES
With the rising population of our country, the work opportunities have also increased. Due to this, the employment sector has seen a rapid increase. As a coin always has two sides, this case also has dual aspects i.e. the positive and the negative aspects. The positive aspect is the increase in employment, while the negative aspect is that with such a hike in employment sector, the problems relating to employment and those faced by the people in this sector have also seen a rapid increase. The most popular of these problems which the employees are facing are the employment and salary issues.
These issues are covered under labour laws. Our law of the land, i.e. the Constitution of India empowers both the Central and the State government to make laws regarding the labour relations and the employment matters. This is because labour law is a subject in the concurrent list of Schedule Seven of our Indian Constitution. So, the matter of these issues is not only the responsibility of one person, it’s the combined effect of the central and the state government that will bear fruits.
In India, there are many laws framed for the protection and welfare of workers working in every different arenas, in every sector be it the public one or the private one. The ambit of this protection covers within it all kinds of workers, be it permanent and full time workers, the part time workers or those who are employed on contractual basis. Despite of ample number of laws prevailing in our country, the people are not aware of it and become a prey of exploitation done by their employers, be it in any form. Even if we go through or face any act where these people are exploited, we just don’t bother about it, tend to ignore the happening and move in front. We have the philosophy of let it happen, how is it bothering us. But, this is not the right approach, as this won’t lead to the elimination of evil from our society. To eradicate this menace of exploitation done by the hands of the employer, all what is needed is the awareness of workers about their rights and liabilities, so that we can also prevent the grave misuse of law happening today.
When it comes to the work done by the Indian legislature, they have done the work on their part. There are numerous legislations prevailing in the country today for the betterment of these workers. The laws and the acts specifically mention the rights of these workers and also provide the remedies to opt for in case these rights are tampered with. Except these, there are special laws also which have been enacted for the benefit of a particular segment of the society. Example for the benefit of women, the laws relating to maternity leave and its other benefits were enacted.
It is not only the legislature, which is working in this sector. The Indian judiciary is also a step forward, as through it various orders and judgments, it has always protected the interest of these workers. Like in the famous Vishaka case, it has provided for the right to be protected fro sexual harassment at workplace.
The prevailing legislations
Some of the major legislations in force today, with regards to the best interest of these workers, are as stated below:
• Industries Development Act, 1947
• Contract Labour (Regulation and Abolition) Act, 1970.
• Employees’ Compensation Act, 1923.
• Factories Act, 1948.
• Shops and Establishments Act for different states
• Payment of Wages Act, 1936
• Minimum Wages Act, 1948
• Industrial Disputes Act, 1947
• Trade Unions Act, 1926
• Maternity Benefits Act, 1961
• Equal Remuneration Act, 1976
• Bonded Labor system (Abolition) Act, 1976
• Child Labor (Prohibition & regulation) Act, 1986
• Employees State Insurance Act, 1948 and many more.

Meaning of the basic concept relating to employment

The concept of employment revolves around the contract of employment which is agreed to and signed between the employer and the employee.

Employer: He is the person who tends to work or engage the services of another person.
Employee: He is the person who upon hiring renders his services and works for another person.
Contract of Employment: It is a contract of service between the employer and the employer, where both the parties are bound by the terms and conditions stated in the contract.

Rights of an employee

When a person starts working at any place as an employee, then his position as an employee there accompanies with it certain rights. These rights are stated below:
• To have a written employment agreement with the employer, this shall state all the terms and conditions of work. This is necessary to establish a relationship of employer and employee between the two.
• Right to get and ask for the minimum wages, which is for that time being fixed by the appropriate government
• Right to be safe and right to be protected from any act, which relates to sexual harassment at workplace
• Right to work between the work hours and if the person is working overtime, he has the right to get appropriate wages for that.
• Right to be paid for public and national holidays
• Right to seek maternity and parental leave
• Right to have the number of paid holidays, as he is entitled to
• Right to have equal pay for both men and women
• Right to health and safety, which include the entitlement of all the basic needs at workplace
• Right to gratuity
• Right to have Provident Fund
• Right to get proper notice and of audi alteram partem if he is being terminated during his probation period

What to do when the employer is not paying the salary to its employee

As according to the Payment of Wages Act, the employer is liable to pay its employee the salaries and wages within a specified period of time. So, if the employees are not getting their proper wages and salaries within a specified time, or if they are getting the pay which is less than the minimum wage, then they are eligible to file a civil suit against their employers before the magistrate, in the court with appropriate jurisdiction.
Apart from filing the civil suit the employee can also approach the Conciliation officer or the Labour Commissioner, if he wishes to.

But always remember that before filing a case against the employer, a notice should be sent to him. Also, for other minute details relating to the matter and so that everything goes smooth and hurdle free, you can also go for legal consultation in Jammu and Kashmir.

The best recourse
Not being an uncommon issue for the present times, people have to suffer a lot with regards to these employment and salary issues. As it is always said that both the rich and poor lead a happy life, it’s the middle class who always have to be the sufferer. Already earning a living in today’s modern era isn’t very easy and they earning person of the family have to work hard and suffer a lot to earn money for a two time meal for his or her family. Person has to go through tough times to earn livelihood because of the increasing expense of everything. In such times, this suffering becomes double when the common middle class persons or any other person have to deal with various kinds of employment and salary issues. One cannot understand the pain a person has to go through, when the employer refuses to or is unwilling to pay his employees their salaries, despite of getting the work performed from them.
This problem isn’t a new one which is faced by the employees. Non payment of salary after getting the work done is a practice which is happening since ages. The employees always want to save their money, and for this purpose either they fire the employees or torture them to such an extent that they are forced to leave the work on their own. These are the two ways, by which the employers generally find an escape route.
Apart from the non payment of salary, any deduction from it will also be counted under the category of non payment, till the deductions are not mentioned in the contract of employment, or till the employee has not agreed to it or if these deductions are not as per law.
Usually, what happens is that, these employers think that they are smart enough. They think that modifying the salaries or the salary structure of these employees is in their hands and the employee has no say in such a case.
But, this is not the case. Never forget that the employers are bound to pay the money to their employees, if the work has been delivered to them timely. This is because whenever both the parties, i.e. the employee and the employer sign the employment contract, with free consent and both are capable of contacting, then it becomes enforceable by law and hence becomes binding on both the parties. This is what makes both the parties incapable of performing their duties, rights and liabilities as stated under the contract.
So, in such cases if you are employee, then you can knock the doors of law for providing you justice. As, there are many remedies available to the employee in case of non payment of salary by the employer under various labour law legislations, approaching the court would be the best method, as it will serve dual purposes, i.e. of punishing the guilty and for giving you justice.
In such circumstances and for making your case strong enough you will have to go for legal consultation and hire an advocate in Jammu and Kashmir for you. In such case and in such hard time of yours, legal resolved is there for you to take you out from such problems and provide you with the best legal consultation. The team of legal resolved comprises of advocates and lawyers in Jammu and Kashmir, who are experts in diverse fields. We also have our team members who are expert in handling the service matters or the matters relating to the labour laws. Apart from having in depth knowledge of the subject and the laws required in the case, they also have years of practical experience. Also they can very well handle matters relating to all the fields, be it civil, banking, criminal or the consumer ones. It is the trio of this only, which makes them stand out of the whole crowd and make you succeed.
To seek help and legal consultation from our team of lawyers and advocates, who are experts in this field and also who have been fighting for the rights of the employees, even in the Apex court of our country and rendering them justice you just need to follow some very simple steps.
You just need to visit our website and register yourself there. After registering, you will get the best solution to all your problems and queries. All you will have to do is to state your query. After that you will be provided with the complete lists of advocate and lawyers expert in the field of your matter, along with their contact details, address, consultation charges and the experience. You can choose one out of them according to your need and demands. Our team will be there to support you from the very starting, i.e. from the point of filling of the case to the end, i.e. the moment when you will achieve success.
Apart from this, if you wish to only go for legal consultation in Jammu and Kashmir of want an answer for your query, you can raise your question in the box which will appear at the side of your screen, to which you will be reverted back within the appropriate time.
We provide our best services at a very minimal cost, and also from time to time have various offers, which you can avail. So, reach the zenith today, by registering with us and being a part of our legal family.

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Advocate AJAY SHARMA

4.5
Jammu, Jammu and Kashmir
18 Years Experience

Practice area & skills
Criminal Law, Civil Law, Debt Recovery, Divorce and Alimony, Trade mark and copyright, Commercial Laws, Motor Accident, Insurance Laws, Landlord and Tenant, Labour and Service Laws, Wills trusts, International law, Property Dispute, Customs and central excise, Family Dispute, Taxation, Documentation, Cheque Bounce, Arbitration, Recovery, Banking Financial, Contract, Child custody, Muslim laws, Armed forces tribunal, RTI, Women Protection, Cyber crime, consumer matters, Medical Negligence, Corporate Laws, Maintenance, Domestic Violence, Revenue, Immigration, Builder Disputes, Electricity Bill disputes, Marriage Registration, IPC 498A, Legal Notice, Others

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