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Deepika (HR Manager)     02 May 2014

Regarding womens timing

Dear Friends ,

One more query ... In my Organisation there is a lady who works in our HR department from Morning 8:00a.m. to evening 3:30 p.m. without any lunch breaks. as she has kid and no one is there to take care of the kid.

Often she works from home also. If require she comes in the evening also .

Lots of times she has taken interviews in the late night thru skype as well. Can management terminate her on the ground that she is not devoting 8 working hours every day ?? Can they force her to stay in company for longer hours.

Even though they already told her in the initial days that she can work from 8a.m- 3:00pm.

 

Please suggest  how can we help this lady.

 

Regards

Deepika

 

 



Learning

 5 Replies

adv.raghavan (Advocate,9444674980)     02 May 2014

what is your exact query? is she fired from service or they are imposing more stringent measures? If she is fired from service, she can go for civil case against the company, for violation of terms of service. If she is still in service and facing the same harassment, she can restrict herself to terms of service, informing the management about this. 

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     02 May 2014

An employee shall not be required under his/her contract of service to work:

(a) more than five consecutive hours without a period of leisure of not less than thirty minutes duration;

(b) more than eight hours in one day;

(c ) in excess of a spread over period of ten hours in one day;

(d) more than forty-eight hours in one week

However, an employee may be required by his employer to exceed the limit of hours above and to work on a rest day, in the case of:

(a) accident, actual or threatened, in his place of work;

(b) work, the performance of which is essential to the life of the community;

(c) work essential for the defence or security of Nation;

(d) urgent work to be done to machinery or plant;

 

 No doubt, there should be fair reasons like poor performance, misconduct, dangerous behaviour, refusing to follow instructions, no further need for the position. 

Before termination, it is mandate that every employee should be given the chance of fair and personal hearing on the basis of Principle of Natural Justice. Your HR policy should set fair and clear procedures for discipline and dismissal.  Otherwise, the validity of such dismissal order can be challenged.

Deepika (HR Manager)     02 May 2014

Dear Raghavan, No she is not fired ... but continuous force is there from management side to change the timing. The Management knows very well its difficult for her to change the timing . She is hardworking employee. She also need this job , as its close to her house.

adv.raghavan (Advocate,9444674980)     02 May 2014

From your query it is crystal clear, that the management had decided to take a call on her service, so to make things easier , they insist on imposing difficult and impossible working conditions. It is up to the employee to take a call in continuing service. 

Sudhir Kumar, Advocate (Advocate)     02 May 2014

how are you connected.


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