Theme: Labour & Employment

Workplace doesn’t have an Internal Committee

If you belong to an unorganised sector or a small establishment that does not have an Internal Complaints Committee, you can approach the Local Complaints Committee that has been set up by the District Officer.

The Local Committee accepts complaints from(( Section 6(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)):

  • Women working in an organisation having less than 10 employees
  • Domestic workers
  • When the complaint is against the employer himself

Fired from your Job

If your employer fires you from the job, it may either be according to the notice period or any other terms given in your contract. Your employer may terminate your job if:

Employment-Related Disputes

  • Your performance is not good.
  • You were involved in any criminal activities such as insider trading.
  • You have breached any HR policies or you have violated any code of conduct etc.
  • You have committed an act of sexual harassment at your workplace which has been proved.

Violation of Terms of your Contract

If you violate any terms of your contracts such as non-compete, non-disclosure, non- solicitation clauses, etc. then you may be fired by your employer.

Fired Without Any Specific Reason

Even if you have not violated any terms of your contract or if you are not involved in any disputes, the decision to either fire you or let you continue in the job lies with your employer. This is usually referred to as ‘termination without cause’.

Working Hours and Days of Employed Adolescents

Some general rules that should be followed when employing adolescents (except when they are working with family or government-funded/recognized schools).

In a day an adolescent:

  • Can only be made to work continuously for a maximum period of 3 (three) hours at a time.
  • Is entitled to a break of one hour.
  • Cannot be made to work for more than 6 (six) hours in a day. This includes the time they spend in waiting for work and their breaks.
  • Cannot be made to work between 7pm and 8 am.
  • Cannot be made to work more than their normal work hours.
  • Cannot be made to work with two employers in the same day.

Further, one day off every week has to be given!

This day will be specified by the employer in a notice at the workplace. The employer should not alter this specified holiday day more than once in three months.

If you don’t fulfill your duties as an employer to comply with the laws on working hours and days you can be jailed for a maximum period of a month or be fined a maximum amount of Rs. 10,000 or both.

Compensation for Sexual Harassment

The amount of money that victims will receive as compensation is based on the following things(( Section 15, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)):

  • Mental trauma and distress caused to the victim
  • Lost job opportunities because of the sexual harassment
  • Medical treatment (physical or psychiatric) that the victim needs
  • The victim’s income and general financial status.

The Committee can decide whether this money should be paid over time in instalments or all at once.

Misconduct by a Doctor/Medical Professional

As per the law, violation of any of the doctor’s duties will qualify as ‘misconduct’ and can result in disciplinary action being taken against a doctor. Further, some other acts also qualify as ‘misconduct’ and can be complained against, like:

Improper or fraudulent activities

  • Committing adultery or improper conduct with a patient, or maintaining an improper association with a patient by abusing one’s professional position.(( Regulation 7.4, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Conviction by a court for offences involving moral turpitude*/criminal acts.(( Regulation 7.5, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Undertaking sex determination with the purpose of aborting a female foetus.(( Regulation 7.6, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Signing or giving any certificate, report, or similar document which is untrue, misleading, or improper.(( Regulation 7.7, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Performing or enabling unqualified persons to perform an abortion or any illegal operation for which there is no medical, surgical or psychological reason.(( Regulation 7.9, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Confidentiality of patient information

  • Contributing to press articles and giving interviews regarding diseases and treatments which may have the effect of advertising or soliciting practices. However, medical practitioners are free to write to the press under their own name on matters of public health and hygienic living. They can also deliver public lectures and talks under their own name, and announce the same in the press.(( Regulation 7.11, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Disclosing the secrets of a patient that have been learnt in the exercise of their profession. However, disclosure is allowed:
    • in a court of law under orders of the presiding judicial officer;
    • in circumstances where there is a serious and identified risk to a specific person and /or community; and
    • in case of notifiable diseases.(( Regulation 7.14, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Publishing photographs or case reports of patients without their permission. For instance, a doctor cannot publish the patients identity in any medical or other journal in a manner. However, if the identity is not disclosed, the consent is not needed.(( Regulation 7.17, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Refusing patient treatments

  • Refusing only on religious grounds to give assistance in or conduct of sterility*, birth control, circumcision and medical termination of pregnancy when there is medical reason to do so. However, practitioners may refuse to do so if they believe that they are incompetent for the same.(( Regulation 7.15, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Conducting operations or treatments

  • Conducting operations without obtaining written consent from the husband or wife, parent or guardian in the case of a minor, or the patients themselves. Additionally, consent of both husband and wife is required in operations that result in sterility. (( Regulation 7.16, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Conducting in vitro fertilization or artificial insemination without the informed consent of the female patient, her spouse and the donor. However, the female patient should give written consent. Providing sufficient information about purpose, methods, risks, inconveniences, disappointments of the procedure and possible risks and hazards is also a duty of a doctor. (( Regulation 7.21, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Further, this is not a complete and exhaustive list of all kinds of professional misconduct. Circumstances that are not mentioned above may also qualify as professional misconduct and the responsible medical council can take action on the same.(( Regulation 8.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Remedies for Violation of Contract

For Violation of Contract

If there has been an instance of violation of your work contract, your only remedy is to go to court or arbitration. If your office has a trade union, you can approach them.

For Grievance Against Employer

If there is a grievance between you and your employer, usually the method of dispute resolution will be given in your contract. It might also be mentioned in the HR policy of your organization.

Remedies for the Employer if You Violate the Contract

If you breach the contract, the employer  can also exercise their rights and  go to court or arbitration. Your employment contract, as well as the HR policy of your organisation may mention the remedies available to the employer. Typically, they do not have provisions for the employee to proceed against the employer.

Duties of an Employer while employing adolescents

An employer employing an adolescent working in his establishment has to perform certain duties:

Maintaining a Register

As an employer you have to maintain a register which should have the following details:

  • Name and date of birth of every adolescent working at your establishment.
  • Hours and periods of work of the adolescent.
  • Intervals of rest.
  • Nature of work of any such adolescent.

Working Conditions

When an adolescent is employed for work, the Working Hours and Days and the Health and Safety has to be guaranteed to ensure that adolescent is treated fairly and humanely.

Sending the notice to the Inspector

As an employer employing a child worker you will have to send a notice to the Inspector. This has to be done within 30 days of hiring an adolescent. The notice should contain the following details:

  • Name and location of the establishment.
  • Name of the employer.
  • Nature of the employment
  • Work done by the establishment.

If you don’t fulfill your duties as an employer you can be jailed for a maximum period of a month or be fined a maximum amount of Rs. 10,000 or both.

Complaining against a Medical Professional

You can file any complaint with regard to professional misconduct to the State Medical Council or Medical Council of India for disciplinary action.(( Regulation 8.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) The list of all the State Medical Councils in India can be found here.

Procedure to complain

If the State Medical Council has not decided upon a complaint for over six months, the complainant can approach the Medical Council of India (MCI). Additionally, the MCI has the power to withdraw the case from the State Council and transfer it to themselves.(( Regulation 8.7, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

If a person is not satisfied by the decision of a State Medical Council, they may go to the MCI to challenge the decision within 60 days from receiving the order by the Council. However, if 60 days have passed, then the MCI may or may not accept the complaint of the aggrieved person.(( Regulation 8.8, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Punishment 

Once a complaint is received, the relevant Medical Council will hear the practitioner. Further, if the person is found guilty, the punishment will be determined by the Council. For instance, it can direct the name of the practitioner to be removed from the corresponding register altogether, or for a specified time period. This means that the practitioner will not be able to practice for that period.(( Regulation 8.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Parents making Children work

Parents and guardians will be fined for making a child below the age of 14 work in any form of employment except for family business and as child artists.

Parent or guardians allowing an adolescent to work against the law will be punished.

  • If they commit the offence for the first time then, they will not be punished.
  • If they still permit the adolescent to work in the prohibited occupations, then they will be punished with a fine of Rs. 10000.

Who is an Architect?

An architect is a person who designs buildings and advises in their construction. Indian law recognises an architect when their name and other personal details have been provided in the Register of Architects maintained by the Council of Architecture.  Once their name is listed in the Register of Architects, they are allowed to pursue his profession. Thus, a name entry in this register works as a proof of a qualified architect. There are certain ways to get a name registered, depending on the foreign or Indian qualification one may possess.(( Article 25(a), Architects Act, 1972))

  • For Indian qualification, a Bachelor Degree of Architecture awarded by Indian Universities, National Diploma in Architecture, Degree of Bachelor of Architecture (B. Arch.) awarded by the Indian Institute of Technology (IIT), Membership of the Indian Institute of Architects, etc., will be considered as a qualification.(( Schedule, Architects Act, https://www.coa.gov.in/index1.php?lang=1&level=2&sublinkid=121&lid=135))
  • For foreign qualifications recognized by the Indian government, different degrees from various countries such as UK, Australia, Germany, Switzerland, etc., are accepted. The list can be accessed here.
  • An Indian citizen who has no qualification certificate can get registered if they have been engaged in the profession for at least five years, after which Central government can consider their application for registration.(( Article 25(b), Architects Act, 1972))
  • A person can also get registered if they possess any other recognised qualification under the legal rules which may be made by the Central government under the Architects Act.(( Article 25(c), Architects Act, 1972))

Punishment for Employers against Child Labour

Any person who employs a child below 14 years of age can be punished with:

  • Jail time between six months and two years and/or
  • Fine between Rs. 20,000 and Rs. 50,000.

The Court will decide if only jail time is sufficient or if a fine needs to be paid as well.

Any person who employs an adolescent between 14 and 18 in the illegal occupations, can be punished with:

  • Jail time of between six months and two years and/or fine between Rs. 20,000 and Rs. 50,000.
  • Jail time between one to three years if a person continues with child labour after having been punished once.

Complaining against an Architect

A person can complain about an architect’s conduct if the architect does not exhibit fairness and impartiality in a work assigned, or is caught taking commission or any such inducements, or any other forms of professional misconduct. You can complain to the Council of Architecture.

Council of Architecture

The Council of Architecture is a statutory body constituted by the Government of India under the provisions of the Architects Act, 1972, enacted by the Parliament of India. The Council of Architecture is charged with the responsibility to regulate the education and practice of professional architects throughout India, besides maintaining the register of architects. Further, it oversees architectural standards periodically by way of conducting inspections through Committees of Experts.

Process of complaint and penalties against an architect

Any violation of the duties of an architect will be considered as professional misconduct and will attract disciplinary action. Additionally, the Council can take any of the three actions listed below after an inquiry:

  1. Reprimand the said architect
  2. Suspend their practice as an architect
  3. Remove their name from the register of architects(( Section 30, Architects Act, 1972))

You can find a format of a complaint here. A committee constituted by the Central Government looks into all complaints against architects and inquiries relating to misconduct of architects. (( Rule 35(1), Council of Architecture Rules, 1973))

Further, in case you come across any unregistered person who is impersonating someone, posing, misrepresenting or misusing the title of ‘Architect’, you can file a complaint against such person(s) along with relevant supporting documents online at the Complaint form available on the Council’s website.

Filing a Complaint against Child Labour

You can complain about any instances of child labour in the following manner:

Telephone Helpline – Call 1098

1098 is a toll-free number and it operates across India. It is operated by Childline India Foundation which works for child rights and child protection. Anyone, including children themselves, can call and give information on this number. You should educate children at schools or children who are working, about this helpline number so that illegal acts of child labour can be prevented.

When you call 1098: Your call will be received by a person who you can give the following information to:

  • Name of the child (if you know).
  • Age (You can give an estimate).
  • Description of the Child.
  • Address ( You have to specifically give the exact location and any landmarks if you know).

 

After you call 1098: The person attending your call will give your information to the ground staff at the district where the child is. The ground staff comprises of a social welfare organization and members of the ChildLine India Foundation. They might call you back to find out more details or ask more doubts about the child. They will then make an inquiry and with the combined efforts of the following departments, they will take action:

  • Labour Department.
  • Police.
  • Department of Anti-Human Trafficking.
  • NGO’s and partner organizations.

Call the State Commission for Protection of Child Rights

You can also call the State Commission for Protection of Child Rights. Refer here and file a complaint with your particular State’s Commission.

Online Complaint

You can file an online complaint under the Child Labour Section, with the Ministry of Labour and Employment. The most important things that you should fill out are:

  • Description of the child employed.
  • State and district where the child is being employed.
  • Your details- Name, Mobile Number and E-mail ID.

Police Station

When you go to the police station to complain about a case of child labour that you have seen or heard about, they will ask you to file an FIR. You should make sure you give all the information you know about the child labour incident that you have witnessed.

Post

You can make the complaint to the National Commission for Protection of Child Rights in any language and there are no fees that will be charged on you. You can write to the following address:

Chairperson, National Commission for Protection of Child Rights, 5th Floor, Chanderlok Building, 36, Janpath, New Delhi – 110 001

Duties of an Architect

Architects have several duties by which they have to practice their profession. This includes maintaining etiquette, following architectural guidelines for buildings etc.

General Duties of an Architect

  • Provide the employees and associates with a suitable working environment, compensate them fairly and facilitate their professional development.(( Regulation 2(1)(xix), Architects (Professional Conduct) Regulations, 1989))
  • Every partner shall ensure that when an architect enters into a partnership agreement with one or more architects, the firm also complies with the provisions of the sub-regulation.(( Regulation 2(2), Architects (Professional Conduct) Regulations, 1989))
  • Ensure that their professional activities do not conflict with their general responsibility to contribute to the quality of the environment and future welfare of society.(( Regulation 2(1)(i), Architects (Professional Conduct) Regulations, 1989))
  • Compete fairly(( Regulation 2(1)(xi), Architects (Professional Conduct) Regulations, 1989)) and maintain a high standard of integrity.(( Regulation 2(1)(viii), Architects (Professional Conduct) Regulations, 1989))

Architect’s duties towards clients

  • Inform the client of the conditions of engagement and scale of charges, and agree that these conditions shall be the basis of the appointment.(( Regulation 2(1)(iv), Architects (Professional Conduct) Regulations, 1989))
  • Not give or take discounts, commissions, gifts or other inducements for the introduction of clients or of work.(( Regulation 2(1)(vi), Architects (Professional Conduct) Regulations, 1989))
  • Act with fairness and impartiality when administering a building contract.(( Regulation 2(1)(vii), Architects (Professional Conduct) Regulations, 1989))

Architect’s duties towards the profession

Some of the architect’s duties to the profession are not to:

  • Sub-commission an architect’s work to another architect. However, this can happen if the client agrees to it.(( Regulation 2(1)(v), Architects (Professional Conduct) Regulations, 1989))
  • Attempt to supercede or replace another architect.(( Regulation 2(1)(xiii), Architects (Professional Conduct) Regulations, 1989))
  • Attempt to obtain, offer to undertake or accept a commission for which they know another architect has been selected or employed, until they have evidence that the selection, employment or agreement has been terminated. Additionally, they have to give the previous architect written notice.(( Regulation 2(1)(xv), Architects (Professional Conduct) Regulations, 1989))
  • Advertise professional services. An architect should not allow their name to be included in advertisements or used for other publicity.(( Regulation 2(1)(xxv), Architects (Professional Conduct) Regulations, 1989))