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kaamini   12 March 2017

Laws for private companies like bpo

Hello Sir/Madam,

I work at Sinestar infotech bpo company in Azad nagar, Andheri west , Mumbai, Maharashtra.what are the rules when one is in probation. companies say you cant take leave.. In my company they cut salary for late coming and leaves. We are kept for longer hours more than 9hrs .. my offer letter says 10 to 7, mon to sat. but i am left at 7 30.. no money is given to me. The owner pays us 9000 per month for csa or telecaller.. I want to know can the owner stop salary or eat a persons salary if the person takes leaves in probation period or otherwise.. this owner has eaten salaries of many who have done this. i understand owners can fire the person for attendance, performance and behaviour. but if fired can they eat the salary also... they seem to refuse to give money for the days come..what are the rights of the employee then and how they can defend themselves.thanks for your help..



Learning

 8 Replies


(Guest)

Refer to agreement between you and the employer sheet.  There they would have provided all details regarding leave policy, absenteesim, probation.  Usually during probation, no leaves will be granted.  Any absenteesm will attract cutting of a days salary multiplied by number of days that you have been absent to work.

 

The employer is within legal limits in cutting your salary for turning up late to work. Such late coming to office will usually be asked to compensate to sit for exact same hours for who you have been late, termed as OT.  All this depends upon your agreement with the company.

 

Further as there are no Trade Unions in BPO KPO sector, the owner/company can do manmaani as they wish and cut salaries in many ways and these cannot be questioned in court of law as there will be always mention of Quality of work not being up to the mark.

 

EItherways it is a lose win situation for employees like you, where you lose your salary and the owner but makes profit.


(Guest)

Now with the kind of salary that you are taking, it is useless to even dream of proceeding to court.  And is it not so that you are also that honest at work, I am telling in general, the employees also find loopholes in the managment style and try to do minimum work for the pay that they are taking.  Likewise employers also will have a team to check on quality, performance on  whose grounds will deduct salary terming them as disincentives etc.  Its a big scam which is unchecked so far.  Many efforts of building uniion of employees have failed in BPO KPO sector, mainly because, there is no unity, everyone is here to fill tummy, what matters more is what is in hand than what is in on the way to hand wrt MONEY.


(Guest)

Dont worry, people above your employer are also same like him, they will also try and eat his money in as many legal ways as possible. For employer it is even bigger headache if he is direct vendor.  Any issues regarding payment he will have to go and fight it in the country where the service provider is.

its a vicious circle. Where everybody tries to outsmart the other.  

Kumar Doab (FIN)     12 March 2017

The similar issue is posted by you in another thread at:

https://www.lawyersclubindia.com/forum/Probation-period-147802.asp

Kumar Doab (FIN)     12 March 2017

The employee should build irrefutable record of every thing and transact with employer in writng, under proper acknowledgment, even If employee is not a member of unions or if there are NO unions or if employee is unwilling,

Many matters can be communicated from personal email id.

There are employee’s/trade unions in IT/ITeS sector as well.

BPO employees also had formed unions.

Trade unions are willing to embrace employees from each sector.

 

Kumar Doab (FIN)     12 March 2017

 

 

BPO in Maharashtra are covered by Bombay Shops & Estbs Act.

 

You may also go thru; Bombay Shops & Estbs Act; Sec: 2(13,)35,36,38, 38-B,66,  

 

https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94257/110577/F479460477/IND94257.pdf  

You may also go thru: Bombay Shops & Estbs Rules and various registers that employer is under obligation to submit to Inspectorate (Digitally/electronically: to submit record at many locastions)

For < 30 minutes the employer may not pay OT.

For > 30 minutes the employer may have to pay OT ( for 1hr).

That is why your employer is releasing you before covering additional 30 minutes.

Late Coming: Ideally 30 minutes can be grace period.

If you have worked for additional 30 minutes then you must have completed 8 hrs for the day (and completed the tasks of the day).

Maintain record of attendance and work done and time clocked.

Get salalry slips.

Each deduction should be mentioned in Salary Slip.

Explain each Late Coming/deduction/OT by say emails and keep copies ( in personal email id/or printouts)

 

Kumar Doab (FIN)     12 March 2017

The penalties levied by employer go to employee welfare fund.

You are covered by Payment of Wages Act.

Refer;Sec:13A

The employer has to supply salary slips signed by both employer and employee and maintain recorfd for lkast 3 years.

Kumar Doab (FIN)     12 March 2017

There are many threads from even employees from your sector and your trade that you can search in search option in both Forum/Experts sections e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=147692&offset=4

 

Employee should build irrefuatble written record while in employment and laso learn to handle bosses.

It is a skill and can be acquired like any other skill.


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