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rishabh vaish (student)     02 April 2014

Working on holidays and not compensating for the same

Hi, 

Dear Forum members i just want to know what can be done to an employer who asked to work on holidays without compensating for the same either monetary or by combo off. I work in a NBFC which is in auto finance Industry.

Please are forced to work on late sitting hours and working on holidays, if a person is not willing to come than he is harassed by putting up mails / discussion over phone.

 



Learning

 2 Replies

Kumar Doab (FIN)     02 April 2014

Generate proof of being asked (audio/visual) to work after office hours and on off days/holidays…………………………..(audio/visual) and in writing.

The employer is likely to claim that employee did not complete work and worked voluntarily, and was not asked to work OT.

Submit report on daily basis the work assigned and completed within office hours, and extra work allotted to be completed after office hours/on off days/holidays……………….

Claim of OT should be lodged in reasonable time.

If employer has asked for OT then employee should pay OT along with wages on usual pay day.

Go thru (Name of your state) Shops and Commercial Establishments Act, National Holiday Act as applicable in your state…………………………….for OT applicable to you.

The local Labor Inspector,  Inspector under (Name of your state) Shops and Commercial Establishments Act can be approached and they may inspect the work hours, working hours recorded in various prescribed forms/registers…………………………and help the employees to get OT.

Employees can also approach trade unions, employees unions etc………………….

 

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     03 April 2014

well elaborated by Mr Kumar Doab


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