Working days & hours
Jayendra
(Querist) 22 June 2014
This query is : Resolved
I wish to complain about the job hours and the working days following by my company. I have been a part of the organization since a long time back. We have to do 6 working days and which consists 9 hours (Half an hour Lunch Break) working hours per day and most of the time have to do stretch without paying overtime.
Please advise!
Anirudh
(Expert) 22 June 2014
You can and you may complain. But, think whether thereafter you will be able to continue in the company. Pl. remember there are numerous persons waiting without a job. [I am not saying that one should keep quiet. But one should also take into account the prevailing circumstances before complaining and making an issue. ]
ajay sethi
(Expert) 22 June 2014
1) in private sector you have to work hard if you have to move up the ladder .
2) if you dont want the job resign . but remember in most companies you have to work for long hours at a strech .
Rajendra K Goyal
(Expert) 22 June 2014
In private sector and in some concerns of Govt. sectors also the fixed working hours are on papers due to work load. You may not survive in the co. after lodging such a complaint.
R.K Nanda
(Expert) 22 June 2014
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 22 June 2014
I too agree with the views expressed by experts above on the subject issue.
Kumar Doab
(Expert) 22 June 2014
9hrs-0.300hrs=8.30hrs/day*6days/week=51.00hrs/week
The OT is applicable.
The work hours/OT is be recorded in various forms/registers prescribed in Acts/Rules applicable to the establishment e.g………………………………if it is an establishment covered by Shops and Commercial Establishments Act then by:
(Name of the state) Shops and Commercial Establishments Act
(Name of the state) Shops and Commercial Establishments Rules
Standing Orders may also be applicable.
Employer personally is held responsible for faithful observance of Standing Orders or can be penalized.
Model Standing Orders; Sec13-18…………………
Making False entries is an offence………………….. and be termed fraud……
You may a section describing as “No adult shall be employed or allowed to work
about the business of an establishment for more than nine hours on any day or 48 hours in any
week and the occupier shall fix the daily periods of work accordingly:
Provided that during any period of stock taking or making of accounts or any other purpose
as may be prescribed, any adult employee may be allowed or required to work for more than the
hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that
the aggregate hours so worked shall not exceed 150 hours in a year”
Employer should ask for OT in writing and should pay OT wages along with monthly wages on usual pay day……………………on his own.
The Labor officials e.g. Inspector under (Name of the state) Shops and Commercial Establishments Act, Labor Inspector/ALC/DLC in O/o Labor Commissioner has to take suo motu notice of such violations……………..They have to act on even anonymous complaints by phone, email, letter etc…………..
It has been seen that employee’s make complaint by phone and mention that a Press Conference shall be arranged, media, minister, ministries, unions shall be approached, and connivance of labor officials shall be claimed………………………………….and the whole machinery starts acting…………
The issue that you have posted is not faced by you alone but endless number of employees as employers and their attorneys i.e. Line Managers, HR personnel violate rights, norms, rules, laws with impunity and without any fear within the walls of the offices for simple reasons that;
Employees are ill informed, are not united do not become members of employee’s unions-trade unions, do not form ‘Work Committees’ in the companies, many of them are fearsome, do not approach Labor Consultants/service lawyers and do not agitate…………………
If employee’s are united they can negotiate service conditions, form ‘Work Committees’ that is one of the authorities as per ID Act and employers shall not be able to exploit them…………………
When union are there to represent the line managers, HR , employers shall not violate the rights of employees with impunity.
Are you aware that employees can form ‘Works Committee’ and it is an authority and President /Chairman is on rotation from employees/employer and it has equal number of employees from employer/employees?
The Industrial Disputes Act, 1947
CHAPTER II: AUTHORITIES UNDER THIS ACT
3. Works Committee
“The Fourth Schedule as appended to the Industrial Disputes Act, 1947 provides as follows:
“Conditions of Service for Change of which Notice is to be given
1. Wages, including the period and mode of payment;
2. Contribution paid, or payable, by the employer to any provident fund or pension fund
or for the benefit of the workmen under any law for the time being in force;
3. Compensatory and other allowances;
4. Hours of work and rest intervals;
5. Leave with wages and holidays;
6. Starting alteration or discontinuance of shift working otherwise than in accordance
with standing orders;
7. Classification by grades;
8. Withdrawal of any customary concession or privilege or change in usage;
9. Introduction of new rules of discipline, or alteration of existing rules, except in so far
as they are provided in standing orders;
10. Rationalisation, standardization or improvement of plant or technique which is likely
to lead to retrenchment of workmen;
11. Any increases or reduction (other than casual) in the number of persons employed or
to be employed in any occupation or process or department or shift, not occasioned
by circumstances over which the employer has no control.”
For instance, in one case, it has been held that increasing of half an hour daily by the
employees will amount to change in conditions of service hence notice under section 9A of the
Industrial Disputes Act will be imperative”
Trade Unions like CITU,INTUC,AITUC,BMS, FMRAI………….are more than willing to embrace the employees. Log onto their website and speak to the Secretary/President.
NOT ONLY THE WORKMEN FORM UNIONS.EVEN OFFICERS FORM UNIONS AND AFFILLIATE THEMSELVES WITH REGIONAL/ZONLA/NATIONAL LEVEL UNIONS.
DESIGNATION ALONE DOES NOT DECIDE A WORKER SHALL BE COVERED AS ‘WORKMAN’ AS IN ID ACT,’EMPLOYEE’ AS IN Shops and Commercial Establishments Act………………………
The definition of ‘Employee’ as in Shops and Commercial Establishments Act can cover broad category of employees……………………….
Record the entry time,exit time, properly.
Find your own ways to submit in writing what task was issued on which day. By whom, at what time and when it was completed…………………….etc…….and download and maintain evidence……………………
Employee should be smart so as not to allow the employer to claim that employee was in office by his sweet will and was attending to pending tasks only……………………………and pendency was due to employee……………
Employee can record (audio/visual)………………….while being asked to do OT and OT wages being denied…………….It can be even by a recorded call.
We have seen that Unions leaders be it even union of lawyers are energetic, have zeal to excel, are fearless-formidable, taskmasters, compassionate, highly organized, experts of their job, and deliver performance and also ask everyone to do their jobs properly.
When you are united there is a lot you can do.
Till then build evidence and be smart!.
OR LET IT CONTINUE TO REMAIN THE WAY IT IS AND SUFFER.........................AND IF IT HAS TO BE THE WAY IT IS THERE IS NO POINT IN COMPLAINING!
Raj Kumar Makkad
(Expert) 26 June 2014
Well advised by experts hence no more to add.
