Hi All,

I am a proffesional and work in a MNC, I work dedicately and devote my full skillset and hardwork when I am at work. But due to less manpower as compared to the project need I am unable to get time for my family. I wanted to know the Laws and my Rights under our constituation.

Please suggest

Dear Aruni Sukla

Time for working Hurs is not mre than 9 Hours.

If work more than 9 Hurs or Continusly work 48 Hours in a week- than entitle to get Double wages.

You have a lot of rights- for know- You have to contact me if you desire t know all.

Good companies mention office hours in appointment letter. Standing hours and employee rule book also should mention office hours. Stick to the office hours, and stay away from office on off days. Get your boss into the habit of at least sending a SMS for coming early to office, meeting at the close of office hours, on off days and be smart enough to get at least an email from boss or send an email to boss and record the timings.  

Update your boss that your family life is getting affected, and obtain some relaxation. Know your boss.

In majority of the cases employment has become show business at workplace.

Stress hampers efficiency and efficacy. More than exerting yourself you may try to be even more organized and well planned. Distribute the work and monitor. Try shifting your style of management e.g. to participative. Come at time and leave at time. Try to plan the whole week and let others know what is expected today, tomorrow, 1^st working day of the next week.

While you are in private sector:

-Ensure to enter time of entry and exit in register maintained with security and take snap shot.

-If boss wants some task to be completed cajole to send an email at least. In majority of the situations boss is also under the same miserable situation and burdened. While leaving after office hours o send an email at least that following tasks have been completed at time.............in office and forward such emails to personal email id. It becomes record.

-On weekly basis send an email at least narrating the actual office hours in a smart manner.

-If as per company policy written/verbal permission from boss is required for staying in office after office hours say 6.30pm or on off days say weekend/holiday, do not forget to take it and send an email narrating the task assigned due to which employee had to stay in office and time spent in office. This shall become a record.

Employee should be smart to document the overtime and claim compensatory off/OT.

To senior managerial personnel OT is not given in majority of the companies.

Companies consider it a birthright to take extra hours and work from employee. It has also become a custom and tradition that one who does not stay late/ does not come to office on off days is a work shirker and can not have a good image.

Be Smart.

You can go through Section 51 to 64 of the Factories Act, if it is Factory or sections 10 to 18, if it is commercial establishment (for Maharashtra, it may differ in other states).

There are many MNCs where the work culture is 12 hours work per day. If you are part of it, you become part of their work culture. Thus, many professionals do not join such organisations, or quit within short span of time.

I do agree with Mr.Kumar that there is legal angle on one hand, and on other hand you have PMS. There is rat race to out perform others, and people work extra time, work on weekly off days and holidays for that. More often then not, it is mere waste of personal time and cost to the company, but since often it provides edge during PFMS, people do it.

Your situation seems to be sligthly different as it is because of shortage of manpower. This often happens in industry due to suddent attrition or high attrition. I think, instead of looking at legal aspects, you should speak to your superior / superior's superior and ask for adequate manpower. You can also further clarify that regular working for late hours and on off days is causing undue stress and you may not be able to do it in future. 

Hope this works for you.

Thanks,

it appears from your position that you are  in the executive cadre in an MNC.See ,there are laws only if you are covered under the definition of Industrial Disputes Act.Generally the employers in general and MNCs always designate and make your job profile in a manner that you fall outside the  definition of Workman under the Industrial disputes Act.However the Honble Supreme Court has stood with the employee when the employers have tried to exclude the employee outside the ambit of workman.

The problem is that if you show your employer the Industrial Disputed Act they will show you the Door on some pretext or the other .And can you wait for several years for the Honble Supreme Court  to decide in your favour?

Dear Sir, 

I was working with a IT Company working in the field of Software Testing Services in Noida.

When i joined the Company i was passionate to work, but at the end of year end, i was not able to perform and my targets were not fullfilled, because of which i started getting depression feeling and due to other certain family problems my cocentration for work got reduced. So i decided to quit and had a discussion with my manager.

Initially he said i can resign and take the early releiving. So i handed over my work properly as per his ask and company policies.

Also got the no dues form signed from the respective departments, but when finally i was about to get the releiving letter, My Manager and director of the company is asking me to Sing an "Non-Disclosure & Non-competence Agreement". 

I refused to sign the document as there was a clause in that Stating "Non-competence: Receiver of this agreement shall not take an employment with any clients of the company and any competeter working in the same area of business for the next 2 years".

When i told them i cannot sign such an agreement they forced me to do so and said if i will not sign the same agreement they will not provide my relieving letter of the company and also will not give my PF and Form 16 details.

Please help me and provide guidance what should I do to get my required important documents.

Regards,

Raj

If this clause is not mentioned in your appointment letter, you are within your rights to deny in gentle manner to sign at the time of separation.

HR shall ask to sign it HR is asked to do so and may claim it is policy of the company. You may obtain copy of certified standing ordrs of the comapny, employee rule book and approach a competent and experienced service lawyer. You can also approach O/o labor Commissioner.

Employer can not block your PF accumulation reports, PF number attestation of PF withdrawal/transfer forms, form 16. If it does so you can lodge a complaint with O/o PF commissioner, CIT-TDS.

The conduct of HR and Director can be termed as coercion and unfair practice.

Relieving letter is issued post all settlements. You have fulfilled your part by handing over the charge properly as per policy of the company. You may obtain copy of the same and acknowledgment of company property.

In our country,normally the corporate sector, and even top executives in corporate sector allege that the Labour Laws in India need to be liberalised.But seeing the nature of service related problems it seems that liberalising Laws will only give more enabling power to the corporate management even to with hold Provident Fund Gratuity ,Form 16 and so many other things which are the inherent right of an employee.And if for such things an employee is required to go to a Lawyer ,would simply mean siphoning off the hard earned  savings. as litigation has become so expensive.And what happens   if management approaches the High and Supreme Court ,even if the lower courts decide in favour of the employee?

The Govt Enforcement Machinery  itself should be made more effective