I Want To Know What Are My Legal Rights

I am an Indian worker and have been working as a waiter in a restaurant for the last 4 years (since February 2009). My company does not follow the labour law, so there is no notice period, no service, no indemnity, no paid leave, no weekly off … practically nothing. I am getting only my salary without any other benefits. I was hired directly from India on a commercial visit visa and then within three months I was transferred to a company visa. I am not happy with my current job.

So I have been trying to find a better job in another company. But the problem is that I can’t get a release from my company because they do not release their employees, and also I don’t know about my contract as our company did not give us a copy. I want to know what are my legal rights and how can I get a release from my company without any trouble as also they are said to have a very big wasta in the Kuwaiti government.

Name withheld 

Answer: The company can’t stop you from resigning because you have already spent more than the required three years for such a transfer if you are hired from abroad. That is the law. If the company refuses to release you, file a case immediately with the Ministry of Social Affairs and Labour, through the Labour Office in your area. If you feel that your sponsor is using wasta (influence) to obstruct the proceedings, you can also file a case in court against your firm. While filing the case with the Labour Office, don’t forget to claim all your rights—money for all the days off, weekends, overtime etc for which you were not paid.

Source: http://www.arabtimesonline.com/NewsDetails/tabid/96/smid/414/ArticleID/201411/reftab/36/t/-I-want-to-know-what-are-my-legal-rights-/Default.aspx

Raids, rallies mark Child Rights week

VISAKHAPATNAM: City-based NGOs and government departments have stepped up activities like raids and rallies to curb child labour in the run up to Children's Day and Child Rights Week, which will be celebrated from November 14-21.
After rescuing over 100 child labourers in the last two months, the woman and child welfare department along with police, labour department and NGO Childline, is planning to conduct raids in city and outskirts this month, while NGO Nature and Bala Vikas Foundation have been busy organising various programmes, workshops and rallies propagating child rights.

NGO Nature, in their weeklong campaign for child rights in all mandal headquarters between November 14-20, is propagating Child Protection Act, distributing education material and organising 1,200 village level rallies in collaboration with organisations such as Unicef, Save the Children, AP chapter of RTE Forum, and others. "Three workshops on 'Stop violence against children', child rights violation and dissemination of information on child rights are in the offing during the week," stated S Balaraju, director, Nature NGO.

Meanwhile, to commemorate the 125th birth anniversary of Moulana Abul Kalam Azad,, who was the first education minster of free India,National Education Day was observed at Child Labour School run by Bala Vikas Foundation in the city on Monday. P Satya Prasad, district sainik welfare officer was the chief guest at the programme, where Narava Prakasa Rao, founder and honorary secretary of BVF, spoke to the children about Maulana Azad and asked them to study his biography. Books and study material were distributed among the children.

Source: http://articles.timesofindia.indiatimes.com/2013-11-12/visakhapatnam/43978914_1_child-rights-child-labour-school-labour-department

Panel suggests flexible labour laws in its report to Cab Sec

New Delhi: A government panel has suggested flexible labour laws and simplified taxation system, among other things, to improve manufacturing in small units.

The inter-ministerial committee (IMC), headed by Micro, Small and Medium Enterprises (MSME) Secretary Madhav Lal, has submitted its report to Cabinet Secretary Ajit Kumar Seth.

The panel was set up to look into issues faced by MSME units and suggest ways to boost manufacturing in the sector.

Besides flexible labour laws, the committee also suggested ensuring easy flow of credit to the sector, simplified taxation system, improved infrastructure and effective marketing techniques for improving manufacturing activities in the sector, a senior official said.

The MSME sector has been witnessing a slow growth phase with its share of exports falling from 40 percent to 36 percent in the last two years, official said.

Also, exiting unviable units is a cumbersome procedure for entrepreneurs as the existing insolvency laws do not support them.

The MSME Ministry, however, expects that the trend would change if necessary steps are initiated.
The share of MSMEs is targeted to increase up to 50 percent in the country's total exports during the 12th Plan (2012-17).

The MSME sector contributes over 8 percent to India's GDP and accounts for 45 percent of manufacturing sector. There are about 3.6 crore such MSMEs, employing over 8 crore people.

The country's manufacturing sector, which constitutes over 75 percent of the index of industrial production (IIP), grew meagre by 0.6 percent in September as against a decline of 1.6 percent a year ago.

"The IMC is looking at the entire issue from the perspective of the life cycle of MSMEs like what kind of assistance they require at the stage of the start-up and what is that they require for doing business or expanding it," the official said.

The panel has also suggested simplification of rules for entry of small units along with creating an efficient framework for exit of sick units.

IMC members, besides Lal, are Textiles Secretary Zohra Chatterji, Secretary in the Ministry of Labour M Sarangi and Department of Industrial Policy and Promotion (DIPP) Secretary Saurabh Chandra. 

Source:http://zeenews.india.com/business/news/economy/panel-suggests-flexible-labour-laws-in-its-report-to-cab-sec_88970.html