salary for lunch break

jiwan (Querist) 15 April 2010 This query is : Resolved
Dear sir
I am doing job in pvt.ltd.co. my working time is 8.30 am to 5 pm , company paid me wages only for 8 hours , i am doing my job for 8.30 hrs ( half hours for lunch break) can i demand wages for half hour from company ? if not please give me any notification or rules

THANKS

Jiwan singh

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Raj Kumar Makkad (Expert) 15 April 2010
Jiwan! Do you think need to remind you that you are working in a private sector wherein such minor things are required to be ignored otherwise to invite biased attitude and ultimately out going gate?

Though Industrial Disputes Act prescribes the working hours 8 per day and double payment over this period but practically it is better not to raise such issues unless some exception circumstance compel any employee to raise such things.

jiwan (Querist) 15 April 2010
Dear sir, I WANT TO KNOW ONLY LAW .

Raj Kumar Makkad (Expert) 15 April 2010
I have told you the law also along-with practical aspects. It is up to you to chose.

jiwan (Querist) 16 April 2010
Company should pay for lunch half hours wages or not ?

Parthasarathi Loganathan (Expert) 16 April 2010
All wages are inclusive of lunch hours and it entails no seperate pay.

Guest (Expert) 18 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE PAYMENT FOR LUNCH HOURS KINDLY NOTE THAT.
1.YOU MAY KINDLY NOTE THAT YOU ARE WORKING WITH PRIVATE LTD.COMPANY. IT IS AS GOOD AS PROPRITORSHIP CONCERN.EVERY RULES ARE MADE AND CONTROLED BY THE LIMITED PERSONS WHO ARE PROPRITORS OR PARTNERS OR IN MANAGEMENT OF PVT.LTD.CO.
2.YOU MAY REFER YOUR JOB OFFER AND APPOINTMENT LETTER AND YOU WILL GET YOUR ANSWER.
3.AS FAR AS LAW PROVISIONS ARE CONCERNED
YOU MAY REFER FOLLOWING ACTS
1.PAYMENT OF WAGES ACT REGARDING PAYMENT OF WAGES TO THE WORKMEN
2 FACTORIES ACT. WEEKLY 48 HOURS AND DAILY 8 HOURS WORK.AND OVERTIME AT DOUBLE RATE.
3.INDUSTRIAL DISPUTES ACT .IN CASE ANY DISPUTE BETWEEN WORKMAN AND EMPLOYER,AS DEFINED IN THE SAID ACT WILL BE REFERED TO THE LABOUR COURT OR LABOUR COMMISSIONER

IN YOUR CASE YOU MAY REFER THE PROVISIONS AS ABOVE.BUT KINDLY NOTE THAT THOUGH YOU ARE LEGALY ENTITLED FOR THE PAYMENT OF LUNCH BREAK AS YOU ARE WORKING MORE THAN EIGHT HOURS ,KINDLY ALSO CHECK WHETHER YOUR TOTAL WEEKLY HOURS INCLUDING LUNCH BREAK EXEED 48 HOURS YOU MAY DEMAND THE PAYMENT FOR THE SAME .AND IN CASE OF REFUSAL CAN MOVE THE LABOUR COURT/ LABOUR COMMISSIONER

BUT YOU SHOULD NOT FORGET ONE MOST IMPORTANT UNWRITTEN RULE THAT YOU ARE NOT WORKING IN ANY GOVT.ESTABLISHMENT WHERE ALL LEGAL PROVISIONS ARE STRICTLY FOLLOWED. ON THE OTHER HAND YOU ARE WORKING UNDER PRIVATE MANAGEMENT WHERE PRACTICALLY THE EMPLOYERS WILL BE ALWAYS TRYING TO PAY LESS TO THE EMPLOYEES AND EXTRACT MORE WORK FROM THEM.RECESSION HAS GIVEN ONE MORE REASON FOR THE EMPLOYERS.

LABOUR MOVEMENT IN INDIA HAS SUFFERED A SERIOUS SET BACK DUE TO OUR GOVT.POLICIES OF PRIVITISATION AND ALLOWING FOREIGN COMPANIES IN INDIA WHERE THEIR MAIN MOTIVE IS PROFIT MAKING .

INDIAN COMPANIES FIND IT DIFFICULT TO COMPETE WITH FOREIGN COMPANIES AND HENCE FOR REDUCING COST THEY APPLY ILLEGAL PRACTICES OF REDUCING SALARIES AND RETRENCHMENT AND REDUCING AND MAKING SHORT PAYMENT TO THE EMPLOYEES. IT IS ILLEGAL BUT IS A FACT.THERE ARE CERTAIN EXCEPTIONS TO THIS PLEASE NOTE.

ANY PERSON AGGRIEVED BY SUCH ILLEGALITIES CAN APPROACH LABOUR AND INDUSTRIAL COURTS AND FURTHER TO THE HIGH COURT FOR RELIEF.
BUT EMPLOYEES WHO ARE NOT FINANCIALY SOUND AND THEIR FAMILY DEPENDS ON THEM ARE RELUCTANT TO RAIS ANY VOICE AGAINST SUCH ILLEGALITIES.THEY ARE VICTIMISED AND POOR PERSONS FAMILY IS RUINED TILL THE TIME HE GETS JUSTICE.

HENCE BE CAREFUL AND DO NOT TAKE ANY HASTY STEP ,THINK SINCERELY AND CAREFULLY AND THEN PROCEED.
THIS IS JUST GENERAL OPENION AND IN CASE YOU NEED SPECIFIC ADVISE THEN KINDLY SEND DETAILS.

IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE AND SEND DETAILS WILL HELP YOU

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

salary for lunch break

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