Employee working hours

It works for 5 or 6days a week?

Hi Kumar,

Thanks for reply.

We are worked in 6 days in week but there is alternate off for saturday and sunday.

ie we have off on 1st and 3rd saturday off in office.

Please advice me, i have following information about my rights.

https://www.col.gujarat.gov.in/e-citizen-act-and-rule.htm

Wages 

https://www.col.gujarat.gov.in/e-citizen-miniwagesact.htm

Bonus

https://www.col.gujarat.gov.in/e-citizen-paytofbonusact.htm

They did not provide me salary for february 2015 when i called him they called me and signed final settlement amount of 21k. When i claim for 80k.

Should i move legally against him.

Thanks,

Akash

Such companies are covered by (name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments.

Gujarat has now Gujarat Shops and Commercial Establishments Act and Gujarat Shops and Commercial Establishments Rules..........and these define the work hours i.e.

8/day,48/week...................beyond which OT is applicable.

Rate of OT,wages for OT are explained in the Act.

Employer has to maintain and submit registers prescribed under Gujarat Shops and Commercial Establishments Rules, pertaining to  work hours and OT and wages paid. Falsification of record is offence. YOU can approach Inspector appointed under the Act and also obtain the certified copy of registers from company or Inspector and also persue RTI route.

Leave encashment is also to be paid as this ACt.

Salary slip showing all deductions and Fnf statement has to be supplied.

Bonus as per Payment of Bonus Act has to paid by 30th NOv or employer can be penalized.

Hi Kumar,

Thanks very much for your reply.

I want to explain actual scenario.

I am working in Software pvt ltd. company which is established in Ahmedabad. I worked for this company almost 3.5 years. 

During my job time my salary was 41000 which include 28K in my salary slip and 13K in  bonus(company call it commited bonus at declaration time). They did not mention any specification of this bonus in my salary slip. Bonus is paid in my account every 6 month time interval.

I resigned from my job on 23rd Feb 2015 with health reason which document i produced in my company. Company has rules for 45 working days notice time period. But they relieve me on 28th Feb.

After almost 1 month i checkup from doctor and my health is fine. so i joined another company. Company told me that you joined another company that's we will not give you your bonus.

They also not giving me my salary for february month. When i called him they give me 21K cheque with sign final settlement document.

I did not sign that settlement document. Now, i want to claim my Salary and Bonus. If they did not issue my bonus then i will claim OT charges for 3.5 years job time?

Please advice me, Should i take this steps and file a notice against company? Company do samething with many employees who resigned from their job.

i want to just specify working culture in my previous company.

1) company has 9 to 6.30 working hours with including half an hour lunch break.

2) company working monday to saturday include 1st and 3rd saturday off with every sunday off.

3) normally they force us to complete your work and then go home. So i worked in company from 9 to 7.30 average.

4) when company requires they called me anytime. 

5) i worked 7pm to 4am time when i was on medical leave on many times. They forced us to cancel your leave if they require.

There are many things which i cant describe here.

Please advice me should i take action against company or not? If yes then can you please advice me how i can take action against company because i do not have idea about legal procedure.

Should it will affect in my current job? For how many times i should take round to the court to cover this amount?

Thanks,

Akash

Did you tender notice of resignation of resignation with immediate effect? Or did you mention that you are resigning as per notice period/TR&C in appointment letter?

Notice period of resignation for 3.5 years of service as per the Act would be 30 days……………..and the Act shall prevail upon appointment letter?

Your labor law consultant/service matters lawyer, employee’s unions leaders,IT employee’s unions leaders,trade unions leaders may opine that you shall be covered by the def. of ‘Employee’ as in the Act and as ‘Workman’ as in ID Act.

For how many days after the resignation you worked?

Both employer and employee can terminate the employment as per service conditions applicable to establishment/employer/employee in line with various enactments applicable…………….The private rules/policies/T&C drafted by employer and signed with employee do not matter …………….

Joining a competitor/another company is not MISCONDUCT AT ALL.

You may show the T&C/policy/rules related to committed BONUS to your counsel.

For the time spent for work after office hours,during leave, off days employer should pay OT/provide compensatory off.

Did employer supply FnF statement and did it show salary for day’s worked,leave encashment, bonus (as per Payment of Bonus Act), committed bonus as per appointment letter,OT, incentives/reimbursements etc……as per appointment letter?

You may Your labor law consultant/service matters lawyer and proceed further under expert advice of your lawyer.

Hi Kumar,

I resigned with notice period. I did not specify resigned on immediate effect but not specify regular notice peroid. So by default it will consider regular notice period.

I worked for 5 days after my resignation.

One thing i need to specify that they did not provide any letter for my bonus. it's decide oral at my increment review meeting. it's also not specify in salary slip. 

So i dont have proof to produce. Just this amount is credited in my account in every 6 month.

Please let me know, Should i issue notice to company or not?

Thanks,

Akash