Is it a legal compulsion to stay in company provided accommodation?
KULDEEP KUMAR
(Querist) 26 July 2014
This query is : Resolved
I have been working in an Indian Mining and Metals company for last one year and 5 months in the middle management. Company has a number of locations around Udaipur, Rajasthan. I am working in one of the remote site of company where company has a township as well. I have been allotted accommodation there without my asking for it. I am not residing in this company accommodation. As I did not find this location comfortable enough for my family to stay, I have taken a house on rent in the City which is 30 kms from my work place. I use my personal vehicle for commuting to the workplace everyday. I am abiding by the working hours but my reporting authority has been continuously asking me to stay in the accommodation provided at work site. I am not claiming any HRA exemption for my rental house in city as well. In a way my reporting authority is trying to dictate my life after working hours as well. Is it in the jurisdiction of my employer to dictate my accommodation or my personal life after the working hours? If yes, then please tell me the relevant rules and regulations. If no, then please tell me under which rules can I ensure my freedom beyond working hours? It will be a great help.
Devajyoti Barman
(Expert) 26 July 2014
The company can not force you to stay in official accommodation unless it causes harm in your duty.
malipeddi jaggarao
(Expert) 27 July 2014
Instead of asking "if yes" "if no", please tell us what your service conditions say on this point. Whether it is mandatory as per your service conditions to stay in the company's accommodation?
We can give our opinion only on the basis of the information provided by you. Unless we look into all the papers and unless the queriest gives full information, our suggestions are not useful. Please do not jump into asking for rules hastily. First tell us what your appointment letter says, what is the position of service conditions, whether anybody is staying outside.
Your freedom is not restricted by the actof thecompany. You can as well move out on your own vehicle after the office hours. Is there any bar not to cross the boundaries?
The rules are framed in general not on case to case basis. If the company allows its employees to stay outside, it may face some problems like late coming, non-availability during emergency etc. Hence think with cool mind, look into the service conditions, look into the practice and then agitate for your rights.
Sudhir Kumar, Advocate
(Expert) 27 July 2014
not agreed or disagreed. Please see terms of employment and standing orders.
Prima-facie you are making yourself unavailable at the time of odd hour crisis.
P. Venu
(Expert) 27 July 2014
There could be compelling situations to stay in the accommodation provided by the employer, esp. when the it is "attached".
Is the company a PSU?
ajay sethi
(Expert) 27 July 2014
the company must be insisting you stay in company accommodation as in case of emergency yo would be available immediatedly
Guest
(Expert) 27 July 2014
If that is as a matter of policy of the company, you will have to abide by your employer's rules. You may however, consult company's policy about allotment of company accommodation vis-a-vis terms of your appointment, if there is any exception.
Sudhir Kumar, Advocate
(Expert) 27 July 2014
you are ungreatful to the god for providing you a job under an employer who grants accommodation just like I card.
Even Govt servants cannot find this luxury.
Even members of defnece forces, live in rented houses, wait for family accommodation at new place of posting which is allotted till tenure of posting and never extended if the higher authorities due to his hard work get his posting extended at the station and again shifted to rented houses.
Even some judges at times stay on rented accommodation at new place of posting.
Sudhir Kumar, Advocate
(Expert) 27 July 2014
p.s.
at times even newly elected MPs and MLAs (some may be sworn in as Minster as well) are lodged in private hotels due to non-availability of immediate accommodations as old legislators are yet to vacate.
prabhakar singh
(Expert) 27 July 2014
agreed to advice of Shri PS Dhingra.
.
Rajendra K Goyal
(Expert) 27 July 2014
Refer your service rules and appointment conditions. You are to abide by these till you are in employment.
T. Kalaiselvan, Advocate
(Expert) 29 July 2014
I agree to the views of the experts above, nothing more to add except to say that donot take any hasty decision which may be become detrimental to your employment.
Dr J C Vashista
(Expert) 29 July 2014
I have similar opinion as advised by the experts
V R SHROFF
(Expert) 29 July 2014
""Prima-facie you are making yourself unavailable at the time of odd hour crisis.""
I AGREE WITH ABOVE EXPERTS.
You are talking about " AFTER WORKING HOURS"
BY SAYING "Is it in the jurisdiction of my employer to dictate my accommodation or my personal life after the working hours? "
YOU FORGET THAT YOU ARE NOT A "WORKMAN"
YOUR DUTY ARE 24 HOURS ALL 365 DAYS, AND YOU MUST BE AVAILABLE TO CO, AT ANY MOMENT OF TIME, ONCE YOU ARE A MANAGEMENT TEAM...
YOU CAN ONLY SAY" MY FAMILY DOES NOT LIKE TO STAY HERE,,SO I HAVE TO GO THERE!! THEY WILL NOT OBJECT, BUT U MUST OBEY CO ORDERS..
KULDEEP KUMAR
(Querist) 31 July 2014
Dear All,
Thank you very much for your valuable suggestions and guidance in the subject. Pardon me for being little stingy in sharing the facts/information. Following are the facts:
1. Terms & Conditions of my employment do not talk about the accommodation status at all.
2. I am heading security department for the location. We also have an executive working as shift in-charge for security operations to take care of security related issues after working hours.
3. I am always willing to come to the location in case of an emergency. This has happened quite a number of times and I'm not averse to that.
4. Employment rules and Regulations of the company also do not talk about staying in location. In fact, there is no mention of accommodation status at all.
5. I have raised this query only after I was told by my functional head in written that "You can not leave location except for being on leave". I found it arbitrary and an infringement of my freedom. In fact most of the managers stay in the city. After analysing all the facts I thought of seeking a professional advise. Therefore, here is my query.
A sound professional advice is requested from you all gentlemen. I appreciate your thoughful suggestions.
Guest
(Expert) 31 July 2014
Mr. Kuldeep,
If you try to conceal the bare facts and do not come forward with any background, do you feel that the law would help you in all the situations and circumstances of requiremnt of your job, even if the experts would have replied affirmative according to your wishes?
Since now you have come with the background, your job requirement is not even as a matter of policy of the company, but also their legal obligation to observe caution on safety hazards of the staff/ organisation through their effective security system.
Please don't mind, the company has not given you job of security head just for your own comvenience, but for to tackle the security concerns of the establishment at all the times to avoid any unwarranted or untoward incident. That is why they have provided you the post attached residence not to take risk for tracing you at the time of emergency. You have stated that you are willing to come to the location in case of an emergency. But the question arises how you can ensure when you would be away from the location and how would you be able to guess how serious incident would have been at the time of happening. Please don't think that the company people would start searching for you at the time of need or emergency instead of tackling with the situation at hand and to act towards security of their own wards?
Rather, if you have been provided with the on job residence, your own risk is diluted, which would be unbearable for you and your family when you can be expected to be held responsible by the company as well as by law enforcement authorities for irreparable damage, which could happen in your absence. Better try to understand the importance and responsibilities of your job.
Irrespective of whether the terms of employment speak anything or not about your residence, safety rules prescribed by the Government have to be assured by the company through their security system including the security people to keep them at the vicinity of the location at all the times.
If you feel that the letter of the functional head is arbitrary and an infringement of your freedom, you can approach the court of law, but with nothing except to face with flak, as neither the law is likely to come to your rescue, nor you can equate your job functions with other managers, who are not burdened with security of the organisation. Your company has not recruited you to ensure your own freedom, rather to ensure freedom from fear and threats of untoward safety hazards of all the establishment of the organisation.
If you do not like to discharge security functions to enjoy freedom, better change your job. But as a Head of the security department you have to ensure safety and security on the spot not only at the time of emergency, but at all the times.
Sudhir Kumar, Advocate
(Expert) 31 July 2014
The present analysis of Mr Dhingra is based on the facts which are now revealed (earlier hidden) and are fully endorsed.
You have to realise that you are not a clerk or atisan.
The distance 30 Kilometers may not be notifiable normally in less than 30-60 if you are all the time ready to receive call and there is no network problem etc and there is no weather hazard or the if the private vehicle does not break down get punctured. This journey on foot will take two hours.
crisis (for which you are employed) may not be waiting.
You are employed for the job of security which is absolute liability of the employer and has different facets. It is not merely checking pilferage.
T. Kalaiselvan, Advocate
(Expert) 31 July 2014
In my opinion you are fully aware of the intentions of your boss giving you a written communication to stay back in the location in the accommodation provided to you. Thus while having the real meaning of this stand taken by the company's authority, I think you are making unnecessary fuss about good for nothing issue. You being in the management category, you should be the first to comply with the orders of the company especially being a security head, question is not that you are not averse to the situation, you have accepted the employment only after knowing the entire details of the nature of your job and the company's situation, so it is better remain in a commanding position by obeying your authority's orders.
Dr J C Vashista
(Expert) 01 August 2014
I fully agree and appreciate the critical analysis, evaluation of the facts explained by you vis-a-vis guidence, opinion and advise of expert Sh. Dhingra ji.
You will find no one can dare to take the risk of security, which include the fire fighting department of the establishment and both the sections demand to be vigilant 24x365, although it is all preventive.
The basic concept behind providing you company accommodation on site is nothing but to ensure your availability inside the premises and may not be required to be controlled by remote.
Guest
(Expert) 01 August 2014
Dear Dr. Vashista,
Thanks for your appreciation.
malipeddi jaggarao
(Expert) 02 August 2014
I also fully agree with expert Shri PS Dhingra.
Every employment is infringement of free of individual. If you want to be free, leave the job.
