Navigating Employment Rights and Labor Law Compliance in Challenging Work Environments

Dear Seniors,

I am working in a small restaurant as a cashier. One day, the restaurant owner asked me about the menu. Since I was not aware of the menu, I couldn't inform him. As a result, he directed the GM to mark me absent for the full day. When I asked not to deduct my salary, the owner said that I had not accepted it and had made this issue contentious. Therefore, there is no need to come to the office from tomorrow.

Also, at the time of joining, he did not provide me with an appointment letter, nor a salary slip, or any proof of employment at all.

Please guide me on what I should do in this situation.

Thanks & Regards,
Vikas Sharma

Dear Vikas,

The type of description of your restaurant that you have given speaks volumes. The absence of an appointment letter, salary slip, etc., indicates that the restaurant was run like a roadside dhaba. In these kinds of setups, employees are treated as mere chattel at the owner's discretion. The hospitality industry has a downside to this approach.

Moreover, I sense that the owner was displeased with you. Your unawareness of the day's menu was just a trigger. I believe you should consider leaving this employment. It might be better to search for a more suitable job. There is no point in staying with an employer who treats you in such a manner.

Thanks,

Dinesh Divekar

Sir,

Can you please shed light on legal action for violating such guidelines? It is a small city here, and even bigger industries like real estate, foundries, etc., do not follow the proper rules. Due to a lack of employment opportunities, it is hard to find a job because employees do not even ask for their rights. If we ask for our rights, the employer throws us out, and we are jobless again. In our city, more than 95% of organizations do not follow labor law guidelines, despite the silence of labor authorities. Employers have compelled employees not to ask for their rights because they are well aware that due to unemployment, employees will never ask for the same. Even senior management and HR are silent, fearing expulsion from the organization.

Thanks,