My dear Sovik,
Your latest querries, if I were permitted to presume, stem up from a real-life situation in which the foriegn principal incurred heavy losses because of the criminal act of the employee of an out-soucing agency to which the work was assigned under a contract between the foriegn principal and the native out-sourcer.
In the first place, let us remember the distinction between Civil,Criminal and Vicarious liabilities.Eventhough vicarious liability is a civil liability, it will arise only in civil actions not in criminal acts.
In your case, there is an out-sourcing contract between X the foriegn entity having no physical presence in India and Z having presence both abroad and in India.Z has to do the out-sourced job in India with his own employees. Because of the criminal ommissions and commissions attributable to Y one of the employees of the contracter Z, the contractee X incurs heavy financial losses. X has to proceed against Z for damages in the Dispute Resolution Forum mentioned in the contract.Of course, it is for Z to make a criminal complaint against Y but it is not going to mitigate his civil liability in any way.
From India, Salem
5967Your latest querries, if I were permitted to presume, stem up from a real-life situation in which the foriegn principal incurred heavy losses because of the criminal act of the employee of an out-soucing agency to which the work was assigned under a contract between the foriegn principal and the native out-sourcer.
In the first place, let us remember the distinction between Civil,Criminal and Vicarious liabilities.Eventhough vicarious liability is a civil liability, it will arise only in civil actions not in criminal acts.
In your case, there is an out-sourcing contract between X the foriegn entity having no physical presence in India and Z having presence both abroad and in India.Z has to do the out-sourced job in India with his own employees. Because of the criminal ommissions and commissions attributable to Y one of the employees of the contracter Z, the contractee X incurs heavy financial losses. X has to proceed against Z for damages in the Dispute Resolution Forum mentioned in the contract.Of course, it is for Z to make a criminal complaint against Y but it is not going to mitigate his civil liability in any way.
From India, Salem
Thanks a lot Mr Umakathan. Even I was expecting this answer. But was just getting it confirmed from you because as a Former commissioner of Labour, you must have handled several cases/disputes like this.
And since in India, "Labor commission "posses power & authority, to provide neutral judgment/ solution in Civil (associated with labour , employer & employees) disputes which is almost near to same as any High Court. More over, this authority is provided by labour laws & Indian Constitution , and Commission is funded my Ministry of Finance, Govt of India.I asked you these questions as I thought you would be correct person to answer them without any bias.
AND YES, THESE QUESTIONS ARE BASED ON REAL LIFE SCENARIOS.
I respect & salute your experience & knowledge sir. Hats off to you sir.
Thanks & Regards
Sovik B
MBA- HR & FINANCE
B.Sc Mathematics Honours, Ramakrishna Mission VC College , Rahara
Under : University of Calcutta
Managing Director
S.S ENTERPRISE
From India, Mumbai
And since in India, "Labor commission "posses power & authority, to provide neutral judgment/ solution in Civil (associated with labour , employer & employees) disputes which is almost near to same as any High Court. More over, this authority is provided by labour laws & Indian Constitution , and Commission is funded my Ministry of Finance, Govt of India.I asked you these questions as I thought you would be correct person to answer them without any bias.
AND YES, THESE QUESTIONS ARE BASED ON REAL LIFE SCENARIOS.
I respect & salute your experience & knowledge sir. Hats off to you sir.
Thanks & Regards
Sovik B
MBA- HR & FINANCE
B.Sc Mathematics Honours, Ramakrishna Mission VC College , Rahara
Under : University of Calcutta
Managing Director
S.S ENTERPRISE
From India, Mumbai
Dear Sir Please let me know the difference between Probationer and permanent Employees as per the labour laws in india
From India, Hyderabad
From India, Hyderabad
Dear Makthyar,
The term " probation" is derived from the Latin word " probatio" which means critical examination and evaluation or subjection to such examination and evaluation. In the realm of employment it is the initial period soon after appointment of a new employee during which his suitability for the job as well as the organization is tested and evaluated. If his performance is not upto the satisfaction of the employer, his services can be simply terminated as per the terms of his appointment orders. A permanent employee is one who has been declared to have completed his period of probation successfully.
From India, Salem
The term " probation" is derived from the Latin word " probatio" which means critical examination and evaluation or subjection to such examination and evaluation. In the realm of employment it is the initial period soon after appointment of a new employee during which his suitability for the job as well as the organization is tested and evaluated. If his performance is not upto the satisfaction of the employer, his services can be simply terminated as per the terms of his appointment orders. A permanent employee is one who has been declared to have completed his period of probation successfully.
From India, Salem
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