Working hours and ill-treatment of employees
Deepak
(Querist) 11 October 2015
This query is : Resolved
Hi,
My wife is working as an accountant in a pre-school, which is registered under Companies Act. The working timings are from 9 am to 6:30 pm. When joined they have mentioned 3rd Saturday is holiday. Nowadays, they create their rules every time. If there is any Public holiday then all Saturday will be made working.
My wife is pregnant and if she take any sick leaves, they wont allow and will treat it as loss of pay. No consideration is given to pregnant lady. They always shout at every employees. Salary is not paid on time, always a month delayed. When comes to final settlement, they do it after min 30 days after the employee leaves and they deduct couple of days salary saying you came in late some days, which was not done in previous months.
Would need advice whether the management can take these action in their discretion or is there any rule regarding the same.
Anirudh
(Expert) 12 October 2015
While the school timing may be from 9 am to 6.30 pm., please indicate as to what is the 'interval time'?
Deepak
(Querist) 12 October 2015
The interval time is one hour.
Can the management change sick leave to loss of pay.
Anirudh
(Expert) 12 October 2015
As per law, one has to work for 48 hours in a week, without taking into the interval time.
Looking from that view, for six days week, your wife is working for 51 hours.
Thus, there does not appear to be any big violation by the establishment.
If your wife is entitled to sick leave and if she has such leave in credit, she will definitely be allowed. However, whether your wife has any such leave in her credit or not. Please check up. When there is no leave at credit, even if your apply for such a sick leave, naturally pay will not be given for that day.
Your wife is entitled for Maternity leave being pregnant. Other than that, she cannot expect any other concession/ consideration just because she is pregnant. If the management is kind enough you are blessed. Otherwise you cannot demand it as a matter of right.
All said and done, if you and your wife feel that the school atmosphere and their conditions do not suit you, then your wife has to think in terms of finding a suitable job elsewhere.
Rajendra K Goyal
(Expert) 12 October 2015
What is the time for which attendance is marked?
Whether she marks attendance for holidays in which she has worked?
In private institutions such working conditions generally exist. Try for another job after delivery.
Kumar Doab
(Expert) 12 October 2015
You have posted that:
"My wife is working as an accountant in a pre-school, which is registered under Companies Act"
You may check if the school for private gains is registered under (Name of the state) Shops and Estbs Act..................and go thru the rules and sections.................
As accountant and as per kind of work being done by her on record, she might be covered by the def. of 'Employee' as in this Act and as 'Workman' as in ID Act............
You may seek help of seasoned Employee's/Trade Union Leaders, an able Labor Law Consultant/Service Matters lawyer to determine whether the school and employee is covered or not!
You may also seek advise on OT, eligibility for leave.
Download proof of attendance.
The school might be affiliated with some board and board might have advocated service rules in/alongwith affiliation guidelines............
The benefits are duly explained in Maternity Benefit Act..........If you don't mind would you indicate She is in which month of pregnancy and what is tentative date of delivery...............
The employer can be penalized/instance if wages are not paid on fixed pay day...........FnF wages should ideally be paid on LWD, or within usual pay day..............
It seems that you are perturbed and want to act but are concerned how to act and what could be the possible consequences............
It is always better to be part of unions and let unions take up the matter thru General body meeting and act.............and/or escalate to higher officials of Dept of labor and State Education and Board...............and let them Act.
K.S.Srinivas
(Expert) 13 October 2015
Agreed with Sri Anirudh.
